Alahausse Terms of Service
Alahausse Limited (“Alahausse”, “we” or “us”) owns and operates the website located at [https://www.alahausse.ca] (the “Website”) and the Alahausse mobile application (the “App”). The Website and App allows users to purchase, sell and/or rent fashion items (“Fashion Items”) to and from other users (collectively, the “Services”) through Alahausse’s platform (the “Platform”).
BY USING THE WEBSITE, APP AND/OR SERVICES, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (these “Terms”), WHICH INCLUDES THE TERMS OF OUR USER GUIDE (the “User Guide”) LOCATED AT [https://www.alahausse.ca]. THESE TERMS APPLY TO ALL USERS OF THE WEBSITE, APP AND SERVICES, INCLUDING INDIVIDUALS AND ENTITIES WHO REGISTER FOR THE SERVICES, INDIVIDUALS AND ENTITIES WHO USE THE SERVICES AND INDIVIDUALS WHO VISIT THE WEBSITE (collectively, “users”). IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE WEBSITE, APP OR SERVICES.
- ACCOUNT REGISTRATION.
1.2 Eligibility. To use and/or register for the Services, you must:
- be over the age of majority in the province, territory or state in which you reside; and
- if registering or using the Services on behalf of another user, have the authority to bind such user to these Terms.
By accepting these Terms, you represent that you understand and agree to the foregoing.
1.3 Credit Card. In order to register for the Services, you may be required to provide valid credit card and billing information (“Billing Information”). Alahausse uses third party payment processors (“Payment Processors”) to process transactions. You authorize your Billing Information to be provided to the third party Payment Processors. You acknowledge and agree that the terms of service of the Payment Processor will govern your agreement and interactions with the Payment Processor and that our Terms and policies do not govern. ALAHAUSSE HAS NO LIABILITY ARISING FROM YOUR USE OF OR ACCESS TO THE PAYMENT PROCESSORS.
2.1 Platform. Alahausse is a marketplace for connecting users who want to purchase, sell and/or rent Fashion Items to and from other users. 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 “Borrowers” and users who rent Fashion Items to other users are herein referred to as “Lenders”. Buyers and Sellers, and Borrowers and Lenders, contract directly with one another in all respects. Alahausse will not be a party to any agreements or contracts between Buyers and Sellers, and Borrowers and Lenders, for the purchase, sale and/or rental of any Fashion Items. Alahausse 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 and/or rental of any Fashion Items.
- FEES AND PAYMENT
3.1 Buyer Fees. For every Fashion Item purchased, the Buyer agrees to pay the purchase price charged by the Seller (“Seller Fee”), as well as a service fee to Alahausse (“Service Fee”). Upon purchasing a Fashion Item on the Platform, the full amount of the Service Fee and Seller Fee must be paid. Alahausse reserves the right to change the Service Fee at any time. The Seller Fee may include insurance and shipping charges (as applicable) listed on the Platform for the purchase of the applicable Fashion Item. When a Buyer makes a purchase using the Services, the Buyer agrees that the full amount of the Service Fee and Seller Fee, including applicable taxes and/or international fund transfer fees and any currency exchange rate fees, will be charged to the credit card/debit card on file of the Buyer using the Billing Information provided.
3.2 Seller Fees. There are currently no fees for Sellers to list their Fashion Items on the Platform. However, Alahausse reserves the right to modify the Service Fee at any time.
3.3 Rental Fees. Borrowers who rent Fashion Items from Lenders through the Services agree to pay a rental fee to the Lender (“Rental Fee”), as well as a Service Fee to Alahausse and a deposit (“Deposit”), which we will hold until any Fashion Items rented have been returned to the Lender. Upon renting a Fashion Item on the Platform, the full amount of the Service Fee, Rental Fee and Deposit must be paid. Alahausse reserves the right to change such Service Fee at any time. The Rental Fee may include insurance and shipping charges (as applicable) listed on the Platform for the rental of the applicable Fashion Item. When a Borrower rents a Fashion Item using the Services, the Borrower agrees that the full amount of the Service Fee, Rental Fee and Deposit, including applicable taxes and/or international fund transfer fees and any currency exchange rate fees, will be charged to the credit card/debit card on file of the Borrower using the Billing Information provided. Any Deposit paid will be returned to the Borrower in accordance with Section 3.4 below.
3.4 Payment of Fees. Following the purchase or rental of a Fashion Item, and subject to Section 3.5 below, Alahausse will remit to the Seller or Lender the Seller Fee or Rental Fee owed to the Seller or Lender, as applicable, pursuant to the terms of the agreement between Buyer and Seller, or Borrower and Lender, and such payment shall be considered the same as though payment was made directly from the Buyer to the Seller, or Borrower to the Lender, as applicable. Buyers, Sellers, Borrowers and Lenders are solely responsible for paying and/or reporting any royalties or tariffs required to be paid in association with the purchase, sale or rental of a Fashion Item. Buyers, Sellers, Borrowers and Lenders agree to indemnify Alahausse, and 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 copyright royalties or tariffs. All payments are sent to Alahausse via a third party payment processor setup on the Platform, which is then forwarded to the Seller or Lender, as applicable, after Alahausse receives payment. Alahausse will remit the Seller Fee, Rental Fee and/or Deposit to the Seller, Lender or Borrower, as applicable, within seven (7) business days of receiving confirmation through the Website or App that the transaction has been successfully completed.
3.5 Taxes. Sellers and Lenders are solely responsible for calculating, withholding and/or remitting any taxes related to Seller Fees and Rental Fees, as applicable. Alahausse will be responsible for calculating and remitting taxes on any Service Fees. Sellers and Lenders agree to indemnify Alahausse, 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.
3.6 Non-Delivery. No payments shall be made to a Seller or Lender with respect to any Fashion Item that was not delivered to the Buyer or Borrower, as applicable. In addition, no Seller Fees or Rental Fees shall be paid until delivery of the applicable Fashion Item is successfully completed. If payments have already been made to a Seller or Lender for an undelivered Fashion Item, then the Seller or Lender agrees to immediately refund to a payment address designated by Alahausse all such payments for the purpose of effecting a full refund to the Buyer or Borrower, as applicable.
3.7 Refunds. Unless a Fashion Item is not successfully delivered or is defective upon receipt by Buyer or Borrower, as applicable, Alahausse does not provide any refunds to Buyers or Borrowers for Service Fees.
- LICENSE AND RESTRICTIONS ON USE
4.1 License. Subject to your compliance with these Terms, Alahausse grants you a non-transferable, non-exclusive, license to (a) access and use the Website, Platform and Services for your use, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Nothing in these Terms gives you a right to use the Alahausse names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website, App or Services. Any future release, update, or other addition to functionality of the Website or App shall be subject to these Terms.
4.2 Restrictions. In addition to the terms set out in our User Guide, Alahausse may impose certain limitations on the use of the Website, App or Services, including, but not limited to, restricting the number of accounts you may register, and/or imposing charges for certain features of the Services. You agree to use the Website, App and Services only for purposes as permitted by these Terms. Alahausse reserves the right to modify or impose any limitations on the use of the Website, App and Services at any time, with or without notice to you. We also reserve the right at all times (but will have no obligation) to terminate users at any time without any liability whatsoever to you.
In using the Website, App and/or Services, you shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- you do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or App or that of any users or viewers of the Website or App or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- offer to sell or rent any Fashion Item that is not genuine;
- purchase, sell or rent Fashion Items independent of the Website, App and/or Services to circumvent any Service Fees or for any other reason;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, App or Services; or
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website, App or any software provided by us.
4.3 Indemnification. You agree to defend, indemnify and hold Alahausse, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any User Content (as defined below) you create, submit, post, transmit, or otherwise make available through the Website, App or Services; (b) your use of the Website, App or Services; (c) any dealings between you and any persons whom you send or otherwise transmit links or any content to using the Services, including, without limitation, claims relating to misrepresentation; (d) any violation by you of these Terms; (e) your violation of any rights of another; or (f) your negligence or willful misconduct. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
- USER DATA AND CONTENT
5.2 License to Alahausse. Except for material we may license to you, Alahausse does not claim ownership of the materials and/or content created, uploaded or otherwise transmitted by you through use of the Website, App or Services, including, but not limited to, photos, designs, descriptions and comments (“User Content”). However, by using the Website, App and/or Services, you grant Alahausse a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to collect, use, reproduce, store, display and sublicense such User Content for the purposes of providing and promoting the Website, App and Services. You represent and warrant that: (a) you own or otherwise control all the rights to the User Content that you post; (b) such User Content is accurate; (c) use of the User Content you supply does not violate these Terms and will not cause injury to any person or entity; and (d) you will indemnify Alahausse for all claims resulting from any User Content you supply.
5.3 Feedback. We welcome your suggestions, comments and feedback on the Website, App and Services (“Feedback”) as it helps us to improve. If you provide us with Feedback, you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) Alahausse (including all of its successors and assigns) may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or reimbursement of any kind.
- TERM AND TERMINATION
6.1 Termination by You. You may terminate your account and/or stop using the Services at any time.
6.2 Termination by Alahausse. Alahausse may at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website, App or Services. Cause for such termination shall include, but not be limited to: (a) violations of these Terms or any other policies or guidelines that are referenced herein and/or posted on the Website, App or through the Services; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Services or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Website, App or Services to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Alahausse in its sole discretion, and Alahausse 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 Services.
6.3 Effect of Termination. On termination, you will lose all access to the Services and any portions thereof, including, but not limited to, your Account.
- IMPORTANT DISCLAIMERS
7.1 Advertising and Third Party Links. You acknowledge and agree that the Website may contain advertisements from Buyers, Sellers, Borrowers and Lenders and from other third parties. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website and/or App, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Alahausse shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. The Website and App may contain links to other websites that are not owned or controlled by Alahausse. In no event shall any reference to any third party, third party advertisement, third-party product or service be construed as an approval or endorsement by Alahausse of that third party, third-party product or service. Alahausse is also not responsible for the content of any linked websites. 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. The presence on the Website or App of a link to any other website(s) or any advertisements does not imply that Alahausse endorses or accepts any responsibility for the content or use of such websites, and you hereby release Alahausse from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
7.2 Liability. Alahausse is in the business of providing a platform to connect Buyers and Sellers, and Borrowers and Lenders, and is in no way affiliated with such users. You acknowledge that Alahausse shall not have any responsibility or liability for any losses or damages that you may incur as a result of your purchase, sale and/or rental of any Fashion Item. You hereby agree to release Alahausse, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other users) in connection with the Services or any Fashion Item listed on the Services.
7.3 User Disputes. You agree that you are solely responsible for your interactions (including any purchase, sale and/or rental transactions) with any other user in connection with the Website, App and/or Services. Alahausse will have no liability or responsibility with respect to such interactions. Alahausse reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Website, App and/or Services.
7.4 GENERAL. THE WEBSITE, SERVICES AND APP ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ALAHAUSSE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE WEBSITE, APP AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO 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 WEBSITE, APP OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALAHAUSSE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ALAHAUSSE HAS NO CONTROL OVER AND DOES NOT GUARANTEE (I) THE EXISTENCE, QUALITY, SAFETY, AUTHENTICITY, OR LEGALITY OF FASHION ITEMS ADVERTISED ON THE WEBSITE, APP AND/OR SERVICES; (II) THE TRUTH OR ACCURACY OF SELLERS’ OR LENDERS’ CONTENT OR LISTINGS ON THE WEBSITE, APP AND/OR SERVICES; (III) THE ABILITY OF SELLERS OR LENDERS TO SELL OR RENT FASHION ITEMS THROUGH THE WEBSITE, APP AND/OR SERVICES AND SHIP FASHION ITEMS WITHIN REQUIRED SHIPPING WINDOWS; (IV) THE ABILITY OF BUYERS OR BORROWERS TO PAY FOR FASHION ITEMS PURCHASED THROUGH THE WEBSITE, APP AND/OR SERVICES; OR (V) THAT A BUYER OR SELLER, OR BORROWER OR LENDER, WILL ACTUALLY COMPLETE A TRANSACTION OR RETURN A FASHION ITEM THROUGH THE WEBSITE, APP AND/OR SERVICES.
- LIMITATION OF LIABILITY
8.1 UNDER NO CIRCUMSTANCES SHALL ALAHAUSSE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE, APP OR SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, (V) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS WHOM YOU SEND OR TRANSMIT ANY USER CONTENT TO USING THE SERVICE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS; OR (IV) ANY PERSONAL INJURY OR DEATH ARISING FROM YOUR USE OF THE SERVICES.
8.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ALAHAUSSE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50 CAD) OR (B) AMOUNTS YOU’VE PAID ALAHAUSSE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8.3 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 MAY NOT APPLY TO YOU.
- GENERAL TERMS
9.1 Export Control. Use of the Website, App or Services 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 Website and 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 Website, App or 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 Website, App or Services for any purposes prohibited by United States or Canadian law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
9.3 Governing Law & Disputes. This Agreement shall be governed by the laws of the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. The courts of the Province of Ontario shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the Website, App or Services 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. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms is expressly excluded. You agree that any claim or cause of action arising out of or related to these Terms or the use of the Services must be filed within one (1) year after the cause of action arose or be forever barred.
9.5 Language. It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
9.6 Contact. If you have any questions about these Terms, please contact us at [email@example.com].
Last Updated: August 13th, 2021.