ÀLA.HAUSSE LIMITED
TERMS OF USE
ÀLA.HAUSSE Limited (“ÀLA.HAUSSE”, “we”, “us”, or “our”) owns and operates https://www.alahausse.ca (the “Website”), and any sub-sites, the ÀLA.HAUSSE mobile application (“App”), ÀLA.HAUSSE digital marketplace platform (“Platform”), including all features and applications in relation therewith, and any other related services offered by us and as further described below, (the “Services”, together with the “Website”, the ÀLA.HAUSSE “App”, and the “Platform”, the “Service”) subject to the following terms of use (“Terms of Use”) as may be amended by us from time to time. These Terms of Use are a legally binding contract between you (“User”, “you”), regardless of whether you are simply browsing or visiting the Service, or you have signed up for a login user account with a username and password to use the Service on your own behalf (“User Account”). These Terms of Use are subject to change or modification at any time, at our sole discretion. Your continued use after we make any changes or updates to any part of the Service will indicate to us that you have acknowledged and accepted any such changes and revisions to these Terms of Use. If we make any changes to our Terms of Use, we will notify you, either through the Service user interface (whether on the Website or the App) or if you have provided your email to us on signup, through an email notification, or through other commercially practicable means. All changes effected by us on the Service, including any changes addressing new functions of the Service or changes made for us to comply with any statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order, or other requirement or rule of law of any governmental authority (“Applicable Law”) will be effective immediately. To get started with using our Service, and for quick and easily accessible information such as setting up an account, fees and charges, and other important User information, please refer to our User Guide and FAQ located at https://www.alahausse.ca/faq (“User Guide”), and which is incorporated by reference to these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING AND/OR USING THE SERVICE (OR ANY PART OF IT), REGISTERING FOR A USER ACCOUNT, AND/OR COMPLETING A TRANSACTION ON THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE, OUR PRIVACY POLICY, OUR APP USER GUIDE, AND ANY OTHER TERMS, RULES, POLICIES OR GUIDELINES INCORPORATED BY REFERENCE TO THESE TERMS OF USE. THE TERM “USING” ALSO INCLUDES ANY PERSON OR ENTITY THAT ACCESSES OR USES THE SERVICE WITH CRAWLERS, ROBOTS, DATA MINING, OR EXTRACTION TOOLS, OR ANY OTHER FUNCTIONALITY. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR ANY FUTURE TERMS OF USE, YOU WILL NOT BE ABLE TO ACCESS AND USE THE SERVICE (OR ANY PART OF IT, I.E. THE WEBSITE, APP, AND PLATFORM) AND YOU MUST IMMEDIATELY STOP USING THE SERVICE IN ITS ENTIRETY (AND ALL PARTS OF IT).
ABOUT THE SERVICE
Description. The ÀLA.HAUSSE Platform, accessible through our App and Website provides a marketplace that allows Users the opportunity to connect to purchase/sell and rent/loan Fashion Items from other Users. Fashion Items are all products that are listed in our catalogue inclusive but not limited to clothing, shoes, bags, wallets, scarves, head pieces, jewelry, watches, rings, necklaces, bracelets, gloves, hats, belts, any items that contain batteries, smart devices any items that contain batteries. Our Service accommodates two User types: (i) Sellers/Buyers; and (ii) Renters/Lenders. Users who purchase Fashion Items are herein referred to as “Buyers” and users who sell Fashion Items are herein referred to as “Sellers”. Users who rent Fashion Items from other Users are herein referred to as “Renters” and Users who rent Fashion Items to other Users are herein referred to as “Lenders”. ALAHAUSSE IS NOT INVOLVED WITH, NOR PROVIDES A WARRANTY FOR, ANY TRANSACTION BETWEEN SELLER/BUYER OR LENDER/RENTER, NOR DO WE HAVE TITLE TO ANY FASHION ITEMS AND DO NOT ACT AS THE SELLER/BUYER OR LENDER/RENTER IN ANY TRANSACTION. YOU AS A SELLER/BUYER OR LENDER/RENTER ASSUME, AGREE, AND UNDERSTAND YOU BEAR ALL OF THE RISKS IN SELLING OR PURCHASING OF ITEMS ON THE SERVICE.
Our Relationship with you (the User) & Disclaimers. Through our Service, each Seller/Lender may promote its Fashion Items for sale/rent to Buyers/Renters. Each User may, at its sole discretion, elect to connect directly with such other User to transact with such other User for the sale/purchase or rental/borrowing of any such Fashion Items displayed on the Platform. A Seller or Lender is the sole offeror and issuer of the Fashion Item for purchase or rental to Buyers/Renters. ÀLA.HAUSSE is not a provider of goods, products, or services, and any such products or services are offered and/or provided solely by the Seller/Lender for sale or rent. Subject to Section 8 (Fees and Payments), pricing relating to Fashion Items posted or displayed on the Service may change at any time without notice to you. The Seller/Lender is also solely responsible for the sale/rental and shipment of the Fashion Item or Items purchased by the Buyer or Renters. ÀLA.HAUSSE does not verify, validate, or conduct background checks on any User. You are encouraged and are responsible for conducting your own investigation and research on any such User and the Fashion Items before using our Service. Users are solely responsible for the care and quality of the Fashion Items listed on the Service. Please visit the User Guide for more information about returns, shipping, and other questions related to our Fashion Item transactions. ÀLA.HAUSSE is not and will not be a party to or implicated in any agreement, contract, or transaction, verbal or otherwise, between any Users. You acknowledge and agree that ÀLA.HAUSSE acts to coordinate payments between Users but does not act as a service provider and nothing in our involvement in the marketplace and payment process makes us responsible for the purchase, sale, rental or return of any Fashion Items. As such, we do not sell/lend any Fashion Items or any other goods, services, or products ourselves, and all such Fashion Items are offered, listed, and provided by the Seller/Lender who is independent of ÀLA.HAUSSE or any of our subsidiaries and affiliates.
REGISTRATION AND USAGE TERMS
Usage Pre-Requisites. To use and/or register for the Service, you must (a) be over the age of majority (i.e. 18 years of age) in the province, state, territory, or other jurisdiction in which you reside, or at least thirteen (13) years of age, with the consent of a parent or guardian who will be required to review these Terms of Use and be bound by them on your behalf (unless you are using the Service with consent from a parent or legal guardian); and (b) if you are registering or using the Service on behalf of, or in the employ of another individual, person, corporation, trust, partnership, or other organization authorized to conduct business for the benefit of your contractors, employees, or members (“Second Party”), you have the authority to register to act on behalf of the Second Party, you are agreeing to these Terms of Use for that Second Party, and representing and warranting that you have the authority to bind any such Second Party to these Terms of Use.
Registering to use the Service. To access certain features of the Service, you will need to register for an account (a “User Account”) by either providing us with certain details, including your name, email address, phone number and address, or logging in through an existing integrated third-party account, such as Facebook, Google or Apple. You will also be required to upload a clear, valid, and recent profile photo of yourself for the safety, integrity and User experience in connection with transactions occurring as and between Users. You may also be asked to provide other information in accordance with our Privacy Policy.
Verification and Know-Your-Customer (KYC) Process. All Users of the Platform must participate in our KYC verification process facilitated through our payment processor, Stripe. All payments made through our Services will be withheld by Stripe until such User has been verified through the KYC process. You may contact us at any time at hello@alahausse.ca to check on the status of your User Account approval. For more information about the process, please visit our User Guide and/or Stripe’s general terms and conditions available at [https://stripe.com/en-ca/ssa]. All Users are still responsible for conducting their own due diligence when transacting with another User.
User Account Security. Please choose a strong password for your User Account and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further, understand that you are solely responsible and liable for any activities that occur under your User Account, and maintain settings that reflect your preferences. You understand and agree that ÀLA.HAUSSE is and shall not in the future be held liable for any fraudulent activities, misrepresentation, or any other activity on your User Account as a result of your failure to take precautions to prevent any such access without your authorization. We will assume that anyone using the Service or anyone having any activity on your User Account (including any transactions occurring thereon) is you and/or completed by you. You accept all risks of any unauthorized access to and use of your User Account. You are fully liable for any losses and/or damages that may result therefrom. You must promptly notify us if you discover or otherwise suspect any security breaches related to the Service. ÀLA.HAUSSE reserves the right to modify or discontinue, temporarily, or permanently, the Service (or any part of it) with or without notice. You understand and agree that ÀLA.HAUSSE will not be responsible to you or to any third party for any modification, suspension, or discontinuance of the Service (of any part of it). ÀLA.HAUSSE reserves the right to monitor and login to your account in order to (A) prevent fraud, criminal activity, or misuses of the Service (B) ensure the security of our IT systems, architecture, and networks; (C) diagnose and remedy problems with the Service; (D) comply with our legal obligations under Applicable Law; and (E) protect our rights, privacy, safety or property, and/or that of our affiliates, representatives, licensee, and licensors, you or other third parties. Your User Account is also non-transferable. You cannot sell, combine, or otherwise share it with any other individual/person. Any violation of these Terms of Use, including, without limitation, your failure to maintain updated and correct information concerning your User Account will cause your User Account to fall out of good standing and we may suspend, cancel, or terminate your User Account in our sole discretion.
USER RESTRICTIONS AND GUIDELINES
User Content. You are solely responsible for all information, data, text, software, music, sound, photographs (including your profile photo), graphics, video, messages, or other materials (“User Content”) that you upload, post, publish or display or email or otherwise transmit or use through the Service, including the submission of any entries you submit in relation to any interactive features on the Service. This means that the viewer or User, and not ÀLA.HAUSSE, are entirely responsible for all such material uploaded, posted, emailed, transmitted, or otherwise made available by using the Service. ÀLA.HAUSSE does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent, or objectionable. Under no circumstances will ÀLA.HAUSSE be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
Restrictions. ÀLA.HAUSSE imposes certain limitations on the use of the Service, including, but not limited to restricting the number of accounts for which you may register, the maximum period of time that data or User Content (defined below) will be retained by the Service and the maximum storage space that will be allotted on ÀLA.HAUSSE’s servers on your behalf. In respect to the latter, you agree that ÀLA.HAUSSE has no responsibility or liability for the deletion or failure to store any data or User Content maintained or transmitted by the Service. In addition, ÀLA.HAUSSE may establish limitations on when you can use certain features of the Service, which may include warnings displayed within a mobile application. You represent that you will comply with these warnings and you will not exceed any usage limitations set by ÀLA.HAUSSE. You acknowledge that ÀLA.HAUSSE reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that ÀLA.HAUSSE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
General User Guidelines. You agree to access and use the Service only for the purposes as permitted by these Terms of Use. ÀLA.HAUSSE reserves the right to modify or impose any limitations on the use of the Service (and any part of it) at any time, with or without notice to you. We also reserve the right at all times to terminate any User’s access and use of the Service without any liability whatsoever to the User as the case may be. In using the Service, and by posting, submitting, or transmitting User Content on the Service, you hereby agree that you will not: (a) access or use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit anyone from fully enjoying and using the Service; (b) intentionally or unintentionally violate any of these Terms of Use, Applicable Law (local, state, provincial, national or international law), including without limitation using the capabilities of the Service to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone; (c) damage, disable, overburden or impair the functionality of the Service in any manner, including but not limited to interfering with or circumvent any filtering, security measures, or other features designed to protect the Service or any related website, other websites, or the Internet; (d) for any unlawful, immoral, obscene, and/or unauthorized act(s) or purpose(s), including pornography, crimes associated with hate, violence, discrimination, terrorism, defamation, for fraudulent purposes, or any other form of prohibited financial and/or criminal activity, or that may give ÀLA.HAUSSE to civil liability or is otherwise objectionable (including uploading, posting, emailing, transmitting, or otherwise making any material available thereon for such purposes); (e) in the sole judgment of ÀLA.HAUSSE is objectionable or restricts or inhibits Users from enjoying the Service, or which may expose ÀLA.HAUSSE or its Users to any harm or liability of any type; (f) solicit or encourage others to perform or participate in any unlawful acts, in circumvention of all applicable laws and/or these Terms of Use; (g) to infringe upon or violate ÀLA.HAUSSE’s intellectual property rights, including but not limited to, record, copy, display, publish or republish, reproduce, create derivative works of, sublicense, resell, distribute, commercially exploit, for any commercial purpose, such as for-profit or resale, for the benefit of any third party or any other purposes in any manner not authorized by these Terms of Use, or encourage or enable any other individual to do any of the foregoing in connection with the Platform, the Website, the App (and the Service as a whole), or otherwise do and cause others to do similar acts without our authorization and contrary to these Terms of Use; (h) infringe upon the intellectual property rights of any third party; (i) harass, abuse, insult, harm, defame, impersonate, slander, disparage, intimidate, or discriminate against Users of the Service; (j) submit false or misleading information in connection with, but not limited to, your User profile or any Fashion Items; (k) 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 and/or operation of the Service; (l) collect, track, gather, extract or use the personal information of others such as Users’ names, real names, e-mail addresses from the Service, to transmit any unsolicited advertising, junk mail, spam, or other form of solicitation; (m) to spam, phish, pharm, pretext, spider, crawl, “mirror”, “frame”, modify, adapt, or hack any portion of the Service; (n) to use any robot, spider, crawler, scraper, or other automated means or interface not provided or authorized by us to access the Service or to extract data from the Service; (o) attempt to access or search the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than through the Service and/or search agents provided by us; (p) to access, tamper with, or use non-public areas of the Service, your computer systems, or the technical delivery systems of our providers; (q) to sell, transfer, lease or provide your User Account (including your login username and password) in any other way to anyone else, except as permitted under these Terms of Use, and you understand that the Service, including your User Account, is solely for your own use; (r) to use or attempt to use another User’s Account without authorization to do so from such User; and/or (s) to alter, modify, merge, translate, decompile, reverse engineer, disassemble, copy, distribute, transmit, display, publish, create derivative works of, or otherwise reduce the Service (or any part of it, including but not limited to, the Platform, the App, the Website, and any other resources, materials, information, codes, programming, or technology) to any human-perceivable form; (t) Post, collect, or disclose on the ÀLA.HAUSSE service any personally identifying information (including account names) or private information about children or third parties without their consent (or their parent’s consent in the case of a child under eighteen (18) years of age); (u) collect information about other Users or post information about other Users on the ÀLA.HAUSSE service, including email addresses, postal/mailing addresses, phone numbers, credit card or bank account numbers, without their consent (or their parent’; (v) attempting to use or continuing to use the ÀLA.HAUSSE service after being suspended or barred from doing so; WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE SERVICE IN ITS ENTIRETY; INVESTIGATE AND PROSECUTE VIOLATIONS OF ANY OF THE ABOVE AND/OR INVOLVE AND COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN PROSECUTING ANYONE WHO VIOLATES THESE TERMS OF USE OR USES THE SERVICE FOR ANY PURPOSE CONTRARY TO ITS INTENDED USE.
If ÀLA.HAUSSE determines that any of the activities listed at (a) to (v) above have occurred, this will constitute a material breach of these Terms. ÀLA.HAUSSE reserves the right to take any or several of the actions outlined immediately below. ÀLA.HAUSSE may:
Rescind your license to use the ÀLA.HAUSSE platform, such cancelation will occur immediately without further notice to you;
Cancel any existing Services which you are party to;
iii. Refuse to List any further products relating to you;
Remove any Reviews or Content relating to you from the ÀLA.HAUSSE Service; and/or
Restrict, suspend, or terminate your use of the ÀLA.HAUSSE Service.
User Acknowledgments, Representations, and Warranties.
Seller Acknowledgments, Representations, and Warranties. You, as a Seller represent warrant, and covenant to ÀLA.HAUSSE and its Users that, (a) all information and User Content you provide or post to the Service in connection with a Fashion Item is accurate and complete, and not likely to deceive other Users, including in connection with the authenticity of the Fashion Item you are selling, notice of any flaws, restrictions or other requirements that may apply to the use of the item and any instructions or notices that may reasonably be required to use the item safely; (b) you will not make any representation or false claims regarding your status as a User and/or any Fashion Item(s) that you list, promote, advertise, offer, provide, or sell on or through the Service’s Platform, and you are prohibited from selling counterfeit items and/or engaging in fraudulent activities in connection with the promotion, sale or offering of any Fashion Item on the Service (and if ÀLA.HAUSSE suspects that you have engaged in fraudulent activity, ÀLA.HAUSSE may terminate your User Account as our sole discretion without notice to you); (c) you have all required rights to sell out any items you list on the ÀLA.HAUSSE service and that the buyer’s use of those items will not infringe on any other party’s rights; (d) you deliver any purchased items to the buyer in accordance with the agreement you reach with the buyer; (e) the items you advertise on the ÀLA.HAUSSE service conform in all material respects to any pictures or descriptions that you upload to the ÀLA.HAUSSE service, are safe to use in accordance with any reasonable instructions that you provide to the buyer; are fit for any purpose for which such items would normally be used, or any purpose communicated to you by the buyer and can be legally offered for sale; (f) you will use the Service solely for its intended purpose and in accordance with these Terms of Use, and as such, you will not post any Fashion Item(s) as a veil or ploy to run lotteries, raffles, pyramid schemes, gambling activities, lure other Users for any illegal or prohibited purposes, or engage in any other form of prohibited financial activity in using the Service; (g) you say who you are; (h) you will maintain compliance with all applicable laws, and agree to pay all federal, municipal, provincial and/or any other taxes, fees, and/or duties required of you under applicable laws applicable to you in connection with your sale or lease of any Fashion Item(s), and any payments you receive in connection therewith; (i) you will not represent ÀLA.HAUSSE as advertising, promoting, selling, offering, or providing any of your Fashion Item(s) on or through the Service; (j) you understand and agree that your relationship with any User is as and between you and such User (i.e. including the Buyer) and you are free to agree to any other terms on which you sell an item to a buyer including the price you wish to charge to the buyer for purchasing your item (the “Purchase Price”); (k) you will not represent yourself as an independent contractor or employee of ÀLA.HAUSSE; (l) once you agree to the terms on which you will sell an item to a buyer you must not try to alter those terms (including the Purchase Fee) unless the buyer agrees to amend the terms and you will deliver all Fashion Items to the Buyer within twenty-four (24) hours of Buyer placing an order with appropriate tracking information; (m) by listing your product(s) for sale on the ÀLA.HAUSSE service, you warrant that you have read and accepted these terms; and (n) you will resolve all disputes you have with a Buyer independently of ÀLA.HAUSSE. In connection with the foregoing, we may at our discretion assist Users to communicate with one another in respect of a concern, claim, or dispute. However, any such claim, concern, or dispute a User has another User is strictly between such Users. We are and will not in the future be a part of any such claim or dispute, nor is or will our Affiliates be a party thereto.
Lender Acknowledgments, Representations, and Warranties. You, as a Lender, represent warrant, and covenant to ÀLA.HAUSSE and its Users that, (a) all information and User Content you provide or post to the Service in connection with a Fashion Item is accurate and complete, and not likely to deceive other Users, including in connection with the authenticity of the Fashion Item you are lending, notice of any flaws, restrictions or other requirements that may apply to the use of the item and any instructions or notices that may reasonably be required to use the item safely; (b) you will not make any representation or false claims regarding your status as a User and/or any Fashion Item(s) that you list, promote, advertise, offer, provide, or sell on or through the Service’s Platform, and you are prohibited from selling counterfeit items and/or engaging in fraudulent activities in connection with the promotion, sale or offering of any Fashion Item on the Service (and if ÀLA.HAUSSE suspects that you have engaged in fraudulent activity, ÀLA.HAUSSE may terminate your User Account as our sole discretion without notice to you); (c) you have all required rights to lend out any items you list on the ÀLA.HAUSSE service and that the renter’s use of those items will not infringe on any other party’s rights; (d) you deliver any hired items to the renter in accordance with the agreement you reach with the renter; (e) the items you advertise on the ÀLA.HAUSSE service conform in all material respects to any pictures or descriptions that you upload to the ÀLA.HAUSSE service, are safe to use in accordance with any reasonable instructions that you provide to the renter; are fit for any purpose for which such items would normally be used, or any purpose communicated to you by the renter and can be legally offered for hire; (f) you will use the Service solely for its intended purpose and in accordance with these Terms of Use, and as such, you will not post any Fashion Item(s) as a veil or ploy to run lotteries, raffles, pyramid schemes, gambling activities, lure other Users for any illegal or prohibited purposes, or engage in any other form of prohibited financial activity in using the Service; (g) you say who you are; (h) you will maintain compliance with all applicable laws, and agree to pay all federal, municipal, provincial and/or any other taxes, fees, and/or duties required of you under applicable laws applicable to you in connection with your sale or lease of any Fashion Item(s), and any payments you receive in connection therewith; (i) you will not represent ÀLA.HAUSSE as advertising, promoting, selling, offering, or providing any of your Fashion Item(s) on or through the Service; (j) you understand and agree that your relationship with any User is as and between you and such User (i.e. including the Renter) and you are free to agree to any other terms on which you lend an item to a renter, including the price you wish to charge to the renter for renting your item (the “Rental Fee”); (k) you will not represent yourself as an independent contractor or employee of ÀLA.HAUSSE; (l) once you agree to the terms on which you will lend an item to a renter, you must not try to alter those terms (including the Rental Fee) unless the renter agrees to amend the terms and you will deliver all Fashion Items to the Renter within twenty-four (24) hours of Buyer/Renter placing an order with appropriate tracking information; (m) by listing your product(s) for rent on the ÀLA.HAUSSE service, you warrant that you have read and accepted these terms; and (n) you will resolve all disputes you have with a Renter independently of ÀLA.HAUSSE. In connection with the foregoing, we may at our discretion assist Users to communicate with one another in respect of a concern, claim, or dispute. However, any such claim, concern, or dispute a User has another User is strictly between such Users. We are and will not in the future be a part of any such claim or dispute, nor is or will our Affiliates be a party thereto.
Buyer Acknowledgments, Representations, and Warranties. As a Buyer of Fashion Items listed on our Platform through the Service, you acknowledge, understand, and agree that we do not offer or provide any of the Fashion Items offered, advertised, or provided by the Sellers. We do not have control over any Seller’s Fashion Item offerings. As such, we cannot and will not guarantee the accuracy, currency, quality, safety, legality, pricing, location, fulsomeness, or completeness of any Fashion Item listed on our Platform. The Buyer hereby agrees and understands that any representations, warranties, guarantees, or promises made by a Seller regarding any Fashion Items to the Buyer (whether communicated, offered, or presented orally or verbally) are not made by ÀLA.HAUSSE. By submitting an offer to purchase an item(s) you warrant that you have read the product description, reviewed any pictures and accepted these Terms before making the request to purchase an item(s). In submitting an offer to purchase, you represent that you have the necessary and available funds to cover the Purchase Price and any associated costs. Any agreement or transaction in which a Buyer engages/enters or may engage/enter with a Seller is solely and strictly between such Buyer and such Seller. Unless otherwise specified in these Terms of Use or in our User Guide, we do not and will not have any obligation to the Buyer regarding any such agreement or transaction as and between a Buyer and a Seller. Additionally, we cannot and will not guarantee the truth and accuracy of any Seller’s identity, or the Fashion Items or facilities regarding its ability to deliver any such Fashion Items purchased by the Buyer. For more information, please see our User Guide. You will be responsible for arranging for return shipping costs where you change your mind about an authentic and original item purchased from a Seller.
Renter Acknowledgments, Representations, and Warranties. As a Renter of Fashion Items listed on our Platform through the Service, you acknowledge, understand, and agree that we do not offer or provide any of the Fashion Items offered, advertised, or provided by the Lenders. We do not have control over any Lender’s Fashion Item offerings. As such, we cannot and will not guarantee the accuracy, currency, quality, safety, legality, pricing, location, fulsomeness, or completeness of any Fashion Item listed on our Platform. The Renter hereby agrees and understands that any representations, warranties, guarantees, or promises made by a Lender regarding any Fashion Items to the Renter (whether communicated, offered, or presented orally or verbally) are not made by ÀLA.HAUSSE. By submitting a Rental Request, you warrant that you have read the product description, reviewed any pictures and accepted these Terms before making the request to rent a product. When you agree to rent an item, the lender grants you a limited right to use that item for the relevant hire period. This right is personal to you and you are not allowed to give this right to any other person. In submitting a Rental Request, you represent that you have the necessary and available funds to cover the Rental Fee for the rental period and any associated costs, including the Rental Fee, Deposit Amount (where applicable), and Service Fee in the event of any loss or damage to the product and any resolution costs in the event of a dispute. Any agreement or transaction in which a Renter engages/enters or may engage/enter with a Lender is solely and strictly between such Renter and such Lender. Unless otherwise specified in these Terms of Use or in our User Guide, we do not and will not have any obligation to the Renter regarding any such agreement or transaction as and between a Renter and a Lender. Additionally, we cannot and will not guarantee the truth and accuracy of any Lender’s identity, or the Fashion Items or facilities regarding its ability to deliver any such Fashion Items purchased/borrowed by Renter. For more information, please see our User Guide. If you have borrowed any Fashion Items from a Lender, and such item is an original and authentic Fashion Item, you have an obligation to arrange for return shipping costs in connection with such item to the Lender within the timeframe specified by the Lender. You will also be responsible for arranging for return shipping costs where you change your mind about an authentic and original item rented from a Lender. You are responsible for any item(s) you rent through the ÀLA.HAUSSE Service, including compensating the lender for any loss or damage to those item(s). If you fail to return an item by the agreed deadline you must contact the Lender and notify them as soon as you are aware you are going to miss the deadline. If you have not returned the item(s) to the Lender at the end of the Rental Period, you may be charged up to the Deposit Amount and a Service Fee.
LICENSE TERMS
Our License to You. Subject to your compliance with these Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable, non-assignable license, to access and use the Service, on a single computer, mobile device, or media platform, including applications, and to download the ÀLA.HAUSSE App directly from a limited third-party applications marketplace (“License”). The ÀLA.HAUSSE App, Website, ÀLA.HAUSSE Platform (which includes our overlay templates and the information and materials that it contains), and the Service, are the property of ÀLA.HAUSSE and its licensors and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property law. The Service (and all parts of it, including the ÀLA.HAUSSE App, Website, and ÀLA.HAUSSE Platform) is licensed to you and not sold. You will not acquire any ownership rights in the Service (in whole or part). The term of your License commences on the date of your acceptance of these Terms of Use and shall end on the earlier date of the deletion, or termination of your User Account. Our License to you to use the Service shall terminate immediately, automatically, and without notice if you attempt to circumvent any technical protection measures used in connection with the Service, or you otherwise breach these Terms of Use.
Your License to Us
User Content. By posting, entering, uploading, transmitting, or submitting any User Content on the Service, you hereby grant ÀLA.HAUSSE and its affiliates a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, irrevocable, and perpetual license to copy, transmit, modify, store, translate, and adapt and otherwise use your User Content in connection with the operation of the Service, and accordance with our Privacy Policy. Without limiting the generality of the foregoing, if you consent to us including a template you have modified in our own templates you hereby grant us a perpetual, worldwide, non-exclusive and full paid-up, royalty-free license to copy, modify, transmit, display, reproduce, distribute, and otherwise exploit such template to third parties including other Users as one of our available templates. Except for material we may license to you, ÀLA.HAUSSE does not claim ownership of the User Content.
Feedback. In addition to your User Content, you may submit or provide (and we welcome) suggestions, comments, questions, ideas, or other feedback to us concerning the Service (“Feedback”). You hereby understand and agree that we may freely use any such Feedback at our will to design, develop, market, and further improve our technology used to operate the Service, and expand the reach of our Service, improve and increase the ease and enjoyment of our Users’ experience without any restrictions or obligations of confidentiality, acknowledgment, or monetary compensation owing to you. You agree that any submission of Feedback must not contain any computer virus or other malware that could in any way affect the operation of the Service. You also agree that such Feedback must not be unlawful, offensive, threatening, libelous, defamatory, abusive, obscene, or puts any of our personnel, representatives, or agents in a compromising situation. 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 such Feedback. We have no obligation to respond to any Feedback you submit to us. 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 such Feedback. You hereby grant us a non-exclusive and its affiliates a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform (publicly/privately), translate, adapt, distribute, store, modify, create derivatives works of, publish, and otherwise use your Feedback in connection with the promotion, advertising or marketing of our Service (including any testimonials you may provide regarding our Service), in any form, medium or technology now known or later developed. You may withdraw your consent to us publishing any such Feedback you may have concerning our Service by contacting us at: hello@alahausse.ca.
Ownership of the Service and Marks. You acknowledge and agree that ÀLA.HAUSSE, our affiliates, partners, affiliates, licensors, providers, suppliers, and other third-party providers (if any), own exclusively all rights title, and interest in and to all content, technology, and any features, functionality, including, but not limited to, all information, software, programming, HTML code, and/or other computer code and/or scripts, text, displays, graphics, photographs, video, audio, designs, presentation, selection, any other materials included in connection with our on the Service (inclusive of the App, the Website, the Platform and other Services ) and further, any rights and protections afforded to the “look”, “feel” “appearance”, “graphic function”, and/or “arrangement” of the Service (and all parts of it) are protected under Canadian and international copyright laws under Applicable Law. Our brand and image are really important to us, and we use all measures that we deem appropriate and necessary to protect them. Any tradenames and trademarks, designs, images, banners, slogans, logos, trade dress, phrases, and names attached to our corporate name and brand, such as product and service names (wherever used, including without limitation in connection with our Service) all constitute the ÀLA.HAUSSE trademarks (“Marks”), or the Marks of our partners, affiliates, licensors, suppliers, or other third-party providers we may work with or engage. Nothing contained in or on our Service or in these Terms of Use will be construed as granting any license or right to the Marks associated (directly or indirectly) with the Service (or any part of it), or to any other of our Marks displayed anywhere therein, thereon or attributed to our Service as published and displayed on our Website, in our App, our Platform, or other Services. Unless we permit you to do so under these terms or else, or you obtain the permission partners, affiliates, licensors, suppliers, or other third-party providers, you are not permitted to use any of the materials, content, ÀLA.HAUSSE Marks, and other distinctive brand feature, or the Marks of any such third party, for any purpose, including without limitation, the use of metatags on other pages or websites on the Internet, or through the use of framing or otherwise. You agree that you will not attempt to circumvent any of the usage rules or restrictions on the Service (in whole or in part). Consent or permission to use or display Marks can and will be withheld at the sole discretion of the owner of the relevant Marks. Any future release, update, or other addition to functionality of the Website or ÀLA.HAUSSE App shall be subject to the terms of these Terms of Use.
DATA TERMS
Personal Information. When you register to use the Service, we will have access to certain personal information and device data. Please review our Privacy Policy carefully as it sets out how we collect, store, and process personally identifiable information including protected health information from or about Users of the Service. If you do not agree with any of our privacy practices you must not download the App or use the Service.
User Content and Aggregated (Anonymous) Service Data. We may collect anonymous and aggregated statistical and service data produced, generated, received from, derived from, and/or transmitted to the Service from your computer, mobile device, and/or media system platform, which includes, but is not limited to, demographic information, and actions you take within and outside of the Service, your hardware/software/firmware, the browser you use, the identity of other apps, programs or software included on your device or platform, the date and time of your use of the Service, the length of time you spend on the Service), your activities and/or usage habits on the the Service (“Aggregated Data”). We will use the Aggregated Data to improve our Service, expand the reach of our Service, improve and increase the ease and enjoyment of our Users’ experience, and overall quality and accessibility of the Service. Aggregated Data belongs to ÀLA.HAUSSE. For greater certainty, the Aggregated Data we collect will not reveal your identity or confidential information, including your specific data entered by you into the Service (including any such data entered into your User Account).
ERRORS, INACCURACIES, AND OMISSIONS Occasionally there may be information on the Service that contains typographical errors, inaccuracies, or omissions in connection with the Service, including without limitation, any such errors contained in any of our marketing and promotional materials, or email newsletters to you, or any information, materials, or content posted on the Website, the ÀLA.HAUSSE Platform, or ÀLA.HAUSSE App (including without limitation any descriptions, pricing, promotions, subscription terms, guidelines, policies, names, dates, instructions, or other products and services we may offer from time to time). We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update 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.
MOBILE SERVICES The Service includes certain services that are available on a mobile device (such as a phone or tablet), including (i) the ability to browse the Services from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain the Service on any such mobile device may be prohibited or restricted by your carrier, and not all features of the Service may work with all carriers or devices.
SERVICE PAYMENT TERM
Payment Method and User Representations. You will be required to provide a credit card, or banking information, and/or another authorized payment method that we may accept (“Payment Information”) when you make a purchase on the Service or to receive payment. If and when you add Payment Information to your User Account, you represent and warrant that you are authorized to use such designated Payment Information, and you authorize us to provide this Payment Information to the Payment Processor (defined below). You acknowledge and agree that our Payment Processor’s terms and conditions will govern your agreement and interactions with them and that we have no liability arising from your use of or access to such Payment Provider that we use to process your Payment Information.
Payment Processing. We use Stripe as our third-party payment processor (“Payment Processor”) to process any payment of fees in connection with any transactions made on our Service. All Users (including Seller/Buyer or Lender/Renter) will be charged a service fee of 1.85% charged on a per-transaction basis (“Service Fee”). However, our Payment Processor is subject to change from time to time, and so may our Service Fee (see Section 8.3 below). You authorize and direct ÀLA.HAUSSE to transmit your Payment Information to the Payment Processor for such purposes. You are bound by any such Payment Processor’s terms of service, privacy policy, and other policies then in place in connection therewith, and the foregoing will govern your relationship with such Payment Processor. You understand and agree that ÀLA.HAUSSE is not a party to your contractual agreement with Stripe or any other Payment Processor we may use from time to time. YOU WAIVE AND RELEASE ÀLA.HAUSSE FROM ALL LIABILITY ARISING FROM YOUR USE OR ACCESS TO THE PAYMENT PROCESSOR WE USE. In addition, if you download the App through Google Play or App Store, you agree to the terms of service and privacy policies of each such respective third-party service provider and their payment processing providers. PLEASE READ EACH OF GOOGLE AND APPLE’S TERMS CAREFULLY AS WE ARE NOT LIABLE FOR ANY PAYMENT PROCESSED THROUGH THE GOOGLE PLAY OR APP STORE. WE DO NOT CONTROL ANY PART OF THEIR RESPECTIVE SERVICES TO YOU AND AS SUCH, YOU HEREBY WAIVE AND RELEASE ÀLA.HAUSSE, ITS AFFILIATES, REPRESENTATIVES, OFFICERS, EMPLOYEES, LICENSORS, AND LICENSEES, FROM ALL LIABILITY ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE GOOGLE PLAY STORE OR APPLE STORE TO DOWNLOAD, TRANSACT AND MAKE PAYMENT TO USE THE SERVICE.
Fees and Charges
Buyer Fees. For every Fashion Item purchased, the Buyer agrees to pay the purchase price identified on checkout (“Listing Price”) set by the Seller (which includes for greater certainty the Service Fee), as well any delivery, shipping fees or charges (“Shipping Fee”) set by the Seller for the shipping of the Fashion Item (as applicable), and any taxes or levies thereon, including applicable charges, international fund transfer fees (as applicable) and any currency exchange rate fees (as applicable) which may be charged to the credit card/debit card on file of the Buyer using the Billing Information provided. For more information relating to the fees detailed herein, please visit our User Guide.
Seller Fees. Listing an item on the Platform is free for Sellers, and ÀLA.HAUSSE does not charge Sellers any fees in connection with the listing of any Fashion Items thereon. However, ÀLA.HAUSSE does charge the Seller the Service Fee, and a tiered commission on any Fashion Items sold by a Seller through the Platform, such amount of commission which is determined and dependent on the Listing Price of the Fashion Item (“Commission”). Commission will be deducted from the aggregate amount of the Listing Price set by the Seller and paid by the Buyer to the Seller. Sellers are responsible for arranging for the shipment of Fashion Items purchased on the Platform and may choose to charge a Shipping Fee to the Buyer or to cover the cost of the Shipping Fee for the Buyer. However, if the Seller has sold a counterfeit or unauthentic Fashion Item to a Buyer, Seller will be responsible for payment of Shipping Fees, as applicable, to have the Buyer return the Fashion Item to Seller. We reserve the right to modify our Commission at any time. For more information relating to the fees detailed herein, please visit our User Guide. For purposes of this Section 8.3(b), the tiered Commission is calculated as follows:
Seller pays 12% of the Listing Price on Fashion Items with a Listing Price of between $0.01 and $1,000.00;
Seller pays 10% of the Listing Price on Fashion Items with a Listing Price of between $1,000.01 and $3,000.00; and
Seller pays 8% of the Listing Price on Fashion Items with a Listing Price of $3,000.01 or more.
Renter Fees. For every Fashion Item borrowed, the Renter agrees to pay the Listing Price set by the Lender (which includes for greater certainty the Service Fee), a rental fee of 15% (“Rental Fee”), a deposit on the Fashion Item (“Deposit) which ÀLA.HAUSSE will hold until any Fashion Items rented (Renter) have been returned to the Lender (as specified in the User Guide), as well as any Shipping Fee agreed upon as between the Renter and Lender for the shipping of the Fashion Item (as applicable), any taxes or levies thereon, including applicable charges, international fund transfer fees (as applicable) and any currency exchange rate fees (as applicable) which may be charged to the Renter’s credit card/debit card on file using the Billing Information provided. The Renter must have adequate funds to replace any lost or damaged product(s) up to the amount of the Deposit (plus any associated Service fees) indicated by the Lender. Please contact ÀLA.HAUSSE before reserving your rental if you are unclear of a product’s replacement value. DO NOT RENT A PRODUCT UNTIL YOU HAVE THE FUNDS TO PAY FOR THE DEPOSIT. For more information relating to the fees detailed herein, please visit our User Guide.
Lender Fee. Lenders who lend Fashion Items to Renter through the Service will pay a lending fee of 15% (“Lender Fee”) for the lent Fashion Items, the Service Fee, as well as any Shipping Fee agreed upon as between the Renter and Lender for the shipping of the Fashion Item (as applicable), including applicable taxes and/or international fund transfer fees and any currency exchange rate fees that may be charged to the credit card/debit card on file of the Lender using the Payment Information provided. Lenders are responsible for arranging for shipping of Fashion Items they lend to a Renter on the Platform. In particular, if the Lender has loaned or rented a counterfeit or unauthentic Fashion Item to a Renter, Lender will be responsible for payment of Shipping Fees, as applicable, to have the Renter return the Fashion Item to the Lender. For more information relating to the fees detailed herein, please visit our User Guide.
Taxes. ÀLA.HAUSSE will be responsible for calculating and remitting taxes on any Service Fees. Additionally, and in compliance with corresponding tax legislation, ÀLA.HAUSSE, as directed and authorized by Sellers, shall collect and remit applicable taxes on all items sold on the platform on the Seller’s and Lender’s behalf.
Sellers who are registered for GST/HST should immediately notify ÀLA.HAUSSE of their registered status. Upon being notified, ÀLA.HAUSSE will require the Seller to complete a form authorizing the collection and remittance of GST/HST on the Seller’s behalf. Please complete the following form if you are a Seller registered for GST/HST. As Sellers, you are ultimately responsible for complying with any applicable tax requirements and reporting to tax authorities, including situations where ÀLA.HAUSSE does not collect taxes on your behalf.
In the event that the Taxes collected and/or remitted are insufficient to fully discharge the Seller’s tax obligations, ÀLA.HAUSSE may seek additional amounts from that Seller (including by deducting such amounts from future payouts), and the Seller agrees that the Seller’s sole remedy for Taxes collected by ÀLA.HAUSSE is a refund from the applicable Tax authority. The Seller understands and agrees that ÀLA.HAUSSE, with prior notice to affected Sellers, has the right to stop collecting and remitting taxes in any jurisdiction for any reason.
Sellers and Lenders agree to indemnify ÀLA.HAUSSE, and each of its officers, directors, employees, and agents and hold them harmless against any and all losses, taxes, damages, liabilities, and claims arising out of the calculation, remittance, or withholding of any applicable taxes, except as it relates to the Service Fee.
Changes to our Service Fees. If a Service fee is changed or a new Service Fee is introduced, it will take effect no earlier than thirty (30) days from the date it is posted on our Service (either on our Website or in-App), or as otherwise communicated to you in writing by us by email or other written communication method. [If you do not accept our changes to our Service Fees, you can cancel your use of the Service and terminate your User Account prior to the end of the thirty (30) day period. If you do not terminate your User Account and/or you continue to use your User Account at the end of the thirty (30) day period, your continued use of the Service indicates that you agree and adhere to our changes.
Changes to the ÀLA.HAUSSE Service. We reserve the right to change or modify our Service Fees at any time (and to the maximum extent permitted by Applicable Law). We are constantly updating and improving the ÀLA.HAUSSE Service to try and find ways to provide you with new and state-of-the-art features to improve your experience. We may need to upgrade, reset, discontinue offering and/or supporting a certain element of the ÀLA.HAUSSE Service, or a feature related to the ÀLA.HAUSSE Service, in order to accomplish this. These changes may have an impact on your previous activities on the ÀLA.HAUSSE Service, the features you use, your User Content, and any other information you provide to the ÀLA.HAUSSE Service (“Service Elements”). Any changes to the ÀLA.HAUSSE service may result in the deletion or reset of your Service Elements.Once we have made changes to any part of the ÀLA.HAUSSE Service, your continued use of the ÀLA.HAUSSE Service will show that you have accepted any changes to the ÀLA.HAUSSE Service.
Returns and Refunds. Users are permitted to cancel their order within the one (1) hour cancellation window available within the App (“Cancellation Window”) and will be automatically refunded any amounts if such cancellation occurs within the Cancellation Window. ÀLA.HAUSSE is not responsible for arranging refunds as and between Sellers and Buyers, or Lenders and Renters. For any transactions where monies or amounts have been released to the Seller or Lender we strongly encourage Users to contact the Seller or Lender directly to arrange a refund. For more information about cancellations and refunds on a User’s behalf, please visit the User Guide.
Deposits. Where the Borrower has paid a Deposit for a Fashion Item to the Lender, the Lender will be required to mark the Borrower’s order as processed and the transaction completed. The Lender will then receive its Commission for the transaction, and the Deposit will be released back to the Borrower. In the event that the Lender fails to mark any given transaction as complete, the order will automatically be marked as having been completed after 48 hours of the end of the rental period in question. All Deposits in such case will be held by Stripe on behalf of the Renter until the rental period has ended and/or the transaction has otherwise been marked as complete. All returns on Deposits will be returned to the Renter within 7-10 business days of the date on which the transaction was completed. For more information about Deposits, please visit the User Guide.
TERM AND TERMINATION.
Term. This Agreement shall apply to you unless earlier terminated in accordance with this Section 9.
Termination by You. You may terminate your Account and/or stop using the Service at any time. If you wish to delete your User Account, you may send us a request to support@alahausse.ca or visit the support section within our App, under Setting/Support Section.
Termination by ÀLA.HAUSSE. ÀLA.HAUSSE may immediately terminate or suspend all or a portion of a User Account and/or access to the Service (and any part of it) for cause. Cause for such termination shall include, but not be limited to: (a) violations of the Terms of Use or any other policies or guidelines that are referenced herein and/or posted on the Service (and any part of it, including the Website and App); (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where the provision of the Service (in whole or in part) to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by ÀLA.HAUSSE at its sole discretion, and ÀLA.HAUSSE will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service (in whole or in part)
Effect of Termination and Survival. On termination (either by you or by us), you will lose all access to the Service (including the App, the Website, and ÀLA.HAUSSE Platform ), and your User Account. Additionally, on any such termination, the licenses granted to you hereunder will terminate, and you return and/or destroy (at our request) and/or delete any such copy of the App (and any other part of the Service) from your mobile, computer, or other similar device on which the App and/or Service are installed. Section 1; Section 2.3, Section 3, Section 4; Section 6; Section 8; Section 9; Section 10; Section 11; Section 12; and Section 13 shall survive any termination of this Agreement.
THIRD-PARTY CONTENT AND INTEGRATIONS
Third-Party Links; Content; Embedded Third-Party Components. The Service may contain technology and data that is licensed by ÀLA.HAUSSE from third parties and use of such third party technology and data are sublicensed to you hereunder in connection with your use of the Service, for their intended purpose. As well, the Service may contain links and pointers to other websites, and built-in third-party communications tools for Users to interact with us that are not owned or controlled by ÀLA.HAUSSE. The Service may also integrate third-party account login features, allowing a User to register a User Account and log in using their Shopify account. Any such third-party features are also considered third-party services for which we have no control over. ÀLA.HAUSSE is not responsible for the content of any linked websites and accepts no liability or responsibility for your access and use of such third party links, and in no event shall any such third party links displayed on our Service constitute our endorsement of them. Any third-party websites or services accessed from the website or app are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. AS SUCH, YOU HEREBY RELEASE ÀLA.HAUSSE FROM ALL LIABILITY AND/DAMAGES THAT MAY ARISE FROM YOUR USE OF ANY SUCH THIRD-PARTY INTEGRATIONS, WEBSITES, LINKS, AND/OR THE SERVICES WHICH THEY MAY PROVIDE TO YOU.
Third-Party App Stores. The Apple App Store, Google Play Store, and other third-party app marketplace distribution providers may make ÀLA.HAUSSE‘s mobile App available. Mobile users of the Service recognise and accept that the App’s and Service’s availability is contingent on the app store from which you obtained your App licence. You acknowledge that the App’s terms of service are between you and ÀLA.HAUSSE, not with the app store from whom you purchased a copy. The Website, App, and Service, as well as the content therein, maintenance, support services, and warranty, are exclusively the responsibility of ÀLA.HAUSSE, not the third-party-branded app store, and all claims relating thereto are the responsibility of ÀLA.HAUSSE, not the third-party-branded app store (e.g., product liability, legal compliance, or intellectual property infringement). You must have access to a wireless network in order to use the App, and you agree to pay all fees connected with such access. You also agree to pay any fees levied by the app store or app marketplace in connection with the Service (if any). When using the Service, you agree to comply with all applicable third-party terms of agreement (e.g., the appropriate app store’s terms and regulations), and your licence to use the App is conditional on your compliance with such terms. You acknowledge that the applicable app store (and its subsidiaries) are third-party beneficiaries of these Terms and will be entitled to enforce them against you.
Advertisements. You acknowledge and agree that the Service may contain advertisements from third parties. Subject to Section 10.1, if you elect to have any business dealings with anyone whose products or services may be advertised on the Service, you acknowledge and agree that such dealings are solely between you and such third party, and you further acknowledge and agree that ÀLA.HAUSSE shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
DISPUTES BETWEEN SELLERS/LENDERS AND BUYERS/RENTERS
At this time ÀLA.HAUSSE does not handle dispute cases. We suggest you contact local authorities in the case of any serious dispute. We encourage users to settle any disagreements with one another immediately. If you lose or damage an item as a renter, you are responsible for immediately repaying the lender for the Deposit value, fixing the item (if possible), or replacing it.
All parties are required to communicate directly with one another to coordinate shipment. It is the parties’ responsibility to get proof of shipment at this time. In the event of a dispute, Sellers/Lenders are strongly advised to record proof of status of the item(s) prior to sending the order to the Buyers/Renters. It is also strongly recommended that the renter/buyer keep a record of the item’s received condition (s). Prior to returning the item(s) to the Lender, renters should make a note on the condition of the item(s).
IMPORTANT DISCLAIMERS AND SERVICE LIMITATIONS
Disclaimers. The Service (including the App, Website, ÀLA.HAUSSE Platform, and Services), including all underlying technology and functionality connected thereto and/or integrated therein, is made available to you on an “AS IS” and “AS AVAILABLE” basis. The use and functionality of the Service (and any part of it) could cause unexpected results, delays, failures, loss of communications, corruption or loss of data, and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. We strongly encourage you to back up all data and information on your device and any peripherals prior to using the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE (AND ANY PART OF IT) INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, MOBILE CARRIER DATA CHARGES, OTHER THIRD-PARTY DATA CHARGES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, (ALL SUCH CHARGES AND FEES FOR WHICH YOU ARE RESPONSIBLE TO PAY), AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (AND ALL PARTS OF IT) IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY USER CONTENT, CONTENT, CONTENT, MATERIALS, OR OTHER INFORMATION DOWNLOADED, TRANSMITTED, STORED, ACCESSED, OBTAINED THROUGH, OR OTHERWISE MAINTAINED, THROUGH, ON, OR BY THE USE OF THE SERVICE ( AND ALL PARTS OF IT) IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SERVICE (AND ANY PART OF IT). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WAS OBTAINED BY YOU FROM ÀLA.HAUSSE OR THROUGH APP (ITS SOFTWARE), OR THE SERVICE GENERALLY WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ÀLA.HAUSSE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT ANY CONTENT ON THE SERVICE IS ACCURATE, RELIABLE, CORRECT; AND UP TO DATE; THE APP, THE WEBSITE, THE ÀLA.HAUSSE PLATFORM AND ANY OTHER SERVICES OFFERED THEREBY WILL MEET YOUR REQUIREMENTS; THE SERVICE (IN WHOLE OR IN PART) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; AND ANY DEFECTS OR ERRORS WILL BE CORRECTED.
Limitations of Liability. IN NO EVENT SHALL ÀLA.HAUSSE, ITS AFFILIATES, AGENTS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE APP, SOFTWARE OR SERVICES. UNDER NO CIRCUMSTANCES WILL ÀLA.HAUSSE BE RESPONSIBLE FOR ANY DAMAGES, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SOFTWARE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. ÀLA.HAUSSE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES IN THE APP, THE WEBSITE, THE ÀLA.HAUSSE PLATFORM, AND THE SERVICES GENERALLY (AND ANY DATA, INFORMATION, OR CONTENT THEREON; (B) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE (AND ANY PART OF IT); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE (AND ANY PART OF IT, INCLUDING THE WEBSITE AND APP); (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE (AND ANY PART OF IT) BY ANY THIRD PARTY; AND/OR (E) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT POSTED, EMAILED, TRANSMITTED TO THE SERVICE (AND ANY PART OF IT). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL ÀLA.HAUSSE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) EXCEED THE AMOUNT YOU PAID TO ÀLA.HAUSSE HEREUNDER IN TWELVE (12) MONTHS PRIOR TO ANY SUCH CAUSE OF ACTION (IF ANY), OR IF NO AMOUNTS WERE PAID BY YOU TO ÀLA.HAUSSE, FIFTY CANADIAN DOLLARS ($50.00). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
INDEMNIFICATION. You agree to defend, indemnify, and hold harmless ÀLA.HAUSSE Limited, its subsidiaries, and affiliates, and their respective directors, officers, employees, agents, partners, and licensors from and against all claims and expenses, including, without limitation, attorneys’ fees made by a third party, arising out of, related to, or in connection with any of the following: (a) your use of the Service (in whole or in part); (b) your actual or alleged breach or violation of these Terms of Use; (b) fraud or illicit activity you commit or engage in, and/or your intentional misconduct or gross negligence; (c) your violation of any applicable law or rights of a third-party (including but not limited to another User of the Service); (d) any and all third party infringement claims brought against us arising out of your breach or violation of the intellectual property rights of any third party by virtue of having posted User Content and/or submitted Feedback, or any other information for which you did not have a right, license ,or authorization to do so; (e) any breach of any representation or warranty made by you in these Terms of Use; (f) User Content, or any content and information posted, displayed or submitted by a Seller/Lender on the Service in connection with a Fashion Item, and any representations made by a User to another User thereby; (g) any action or inaction of a Seller/Lender or Buyer/Renters, negligence, wilful misconduct or illegal actions of any User of the Service; and/or any conduct, speech or content, whether online or offline, of any other third-party; and (h) any KYC and verifications procedures in connection with a User.
GENERAL TERMS
Access to Your Account and Content. You acknowledge and agree that ÀLA.HAUSSE may access, use, preserve and/or disclose your Account information and User Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of ÀLA.HAUSSE, its users or the public as required or permitted by applicable law.
Export Control. Use of the Services and App may be subject to the export and import laws of Canada, the United States, and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App or the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App or the Services for any purposes prohibited by the United States or Canadian law, including, without limitation, the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons.
Notices. ÀLA.HAUSSE may provide you with notices regarding the App, the Software, and the Services, including changes to these Terms, by email or by postings in-App notifications, on the Website and/or the Services generally.
ÀLA.HAUSSE beta trial You acknowledge that this service is being provided on a trial basis as part of The ÀLA.HAUSSE beta trial and as such there may be times that the full service is unavailable. You accept the terms and conditions outlined in this contract.
Governing Law & Disputes. If you have a dispute with us in relation to the ÀLA.HAUSSE Service, please contact us at hello@alahausse.com and attempt to resolve the dispute with us informally. These Terms shall be governed by and construed in accordance with the laws in effect in the Province of Ontario without giving effect to any principles of conflicts of law. Any legal action or proceeding between ÀLA.HAUSSE and Users shall be brought exclusively in a court of competent jurisdiction located in Toronto, Ontario, and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts.
Entire Agreement. These Terms (together with the Privacy Policy) constitute the entire agreement governing the use of the App, the Software, and the Services s. These Terms shall not be modified except by a new posting of these Terms by ÀLA.HAUSSE at our sole discretion. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign any part of these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. ÀLA.HAUSSE may assign these Terms for any reason without notice to you.
Electronic Communications. You consent to receive electronic communications from us either in the form of email, push notifications or other forms of electronic messages sent to you at the addresses listed on your User Account or by communications posted on or notifications through the Service (collectively, “Electronic Communications”). You acknowledge and agree that any Electronic Communication shall satisfy any legal requirement that such communication or notification be in writing. You may opt-out of receiving any such Electronic Communications by emailing us at: hello@alahausse.ca.
Questions/Contact. If you have any questions about these Terms of Use or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the App or the Services, please contact us at: hello@alahausse.ca. We appreciate hearing from our customers and are continuously looking for ways to improve the ÀLA.HAUSSE Service. By submitting your feedback, you agree to relinquish any rights you may have in it so that we can use it and allow others to use it without restriction or payment to you.
Last Updated: January 13th, 2022.