Terms of Service Agreement
Effective as of July 1, 2022
Welcome to LUJO DEPOT INC. This Terms of Service Agreement (the “Terms”) governs your use of the LUJO DEPOT INC. mobile application (the “App”), the Lujodepot.com website and any other website of LUJO DEPOT INC., its affiliates and agents (the “Website”), and any service, content and resources available or enabled via our App or Website (collectively the “Platform”). PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND LUJO DEPOT INC. TECHNOLOGIES, INC. (“LUJO DEPOT INC.,” “WE,” “US” OR “OUR”). Your use of the Platform may be subject to any additional terms, conditions and policies that we separately post on the Platform and any agreements that you separately execute with LUJO DEPOT INC. (“Supplemental Terms”), which are incorporated by reference into these Terms (together, the “Agreement”). To the extent there is any conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter thereof.
SECTION 19 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 19 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT IF YOU DESIRE TO DO SO.
By clicking on the “I ACCEPT” button (or similar), completing the registration process, or otherwise accessing or using the Platform, or any portion thereof, you acknowledge and agree that: (1) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Platform; (2) you are of legal age in your jurisdiction of residence to form a binding contract; and (3) you have the authority to enter into this Agreement (on behalf of yourself personally, and as applicable, any entity that you represent for purposes of this Agreement). If the individual entering into this Agreement or otherwise accessing or using the Platform is doing so on behalf of, or within such individual’s capacity as a representative, agent, or employee of an entity, such individual and such entity agree that: (i) the terms “you” and “your” as used herein apply to such entity and such individual, and (ii) the individual entering into this Agreement has the right, power, authority and capacity to enter into this Agreement on behalf of such entity.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY LUJO DEPOT INC. IN ITS SOLE DISCRETION AT ANY TIME. LUJO DEPOT INC. reserves the right to modify this Agreement or its policies relating to the Platform at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Platform. You should regularly review this Agreement, as your continued use of the Platform after any such changes constitutes your agreement to such changes.
1. DEFINED TERMS
- 1.1 “Item(s)” means clothing and accessories made available by LUJO DEPOT INC. for Renters/Membership Members on the Platform.
- 1.2 “Listing” means a listing by LUJO DEPOT INC. of an Item available for Rent on the Platform.
- 1.3 “Renters/Membership Members” means a User who seeks to rent Items through the Platform.
- 1.4 “Designers/ lenders”: means a User whose items are being rented through the platform. Unless bought from LUJO DEPOT INC.
2 HOW THE PLATFORM WORKS. The Platform facilitates items to rent for Membership Members & Renters. Each Item will be available at a time and for a duration as set forth in the Listing. Please review our Website for more details on the Rental Services. LUJO DEPOT INC.’s responsibility to Users is limited to providing the Platform.
3 USE OF THE PLATFORM The Platform, and any parts thereof, are protected by copyright laws throughout the world. Subject to this Agreement, LUJO DEPOT INC. grants you the right to access and use the features and functionality of the Platform, as well as a limited license to use the Platform to offer or obtain Items. Unless otherwise specified by LUJO DEPOT INC. in a separate license, your right to use the Platform is subject to this Agreement.
3.1 App License. Subject to your compliance with the Agreement, LUJO DEPOT INC. grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a mobile device, platform or computer that you own or control and to run such copy of the App for the sole purpose of obtaining or providing Items through the Platform. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “Apple App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Furthermore, with respect to any App accessed through or downloaded from Google Play (a “Google Play Sourced Application”), you may have additional license rights and/or restrictions with respect to use of the App.
3.2 Updates and Modifications. LUJO DEPOT INC. may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the Platform (“Updates”). These Updates may be automatically implemented without providing any additional notice or receiving any additional consent. Under this Agreement, you consent to these automatic updates. If you do not want such Updates, your exclusive remedy is to terminate your Account (as defined below). If you do not terminate your Account, you will receive Updates automatically. Your continued use of the Platform is your agreement to this Agreement with respect to the Platform, including all Updates. LUJO DEPOT INC. reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to you. We will have no liability on account of any change to the Platform or any suspension or termination of your access to or use of the Platform.
3.3 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Platform or any portion of the Platform; (b) you shall not frame or use framing techniques to enclose any trademark, service mark, or logo (including images, text, page layout or form) of LUJO DEPOT INC.; (c) you shall not use any metatags or other “hidden text” using LUJO DEPOT INC.'s name, service marks, or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Platform (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Platform to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Platform; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Platform or use the Platform in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Platform, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Platform, or interfering or attempting to interfere with use of the Platform by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Platform. Any unauthorized use of the Platform terminates the licenses granted by LUJO DEPOT INC. pursuant to this Agreement. Any future release, Update or other addition to the Platform shall be subject to the Agreement. LUJO DEPOT INC., its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use, or suspected unauthorized user, of the Platform terminates the rights and licenses granted by LUJO DEPOT INC. pursuant to the Agreement. You agree to indemnify “LUJO DEPOT INC. Parties” (as defined in Section 13 below) in the event of any claims against LUJO DEPOT INC. based on or arising from your violation of the foregoing.
4.1 Registering Your Account. In order to access the features of the Platform, including renting, or making available, Items on the Platform, you are required to become a Registered Membership User. For purposes of the Agreement, a “Registered Membership User” is a Renter who has registered an account on the Platform (“Account”).
4.2 Registration Data. In registering an Account through the Platform, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Platform by minors. You may not share your Account or password with anyone, and you agree to (x) notify LUJO DEPOT INC. immediately of any unauthorized use of your password or any other breach of security; and (y) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or LUJO DEPOT INC. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LUJO DEPOT INC. has the right to suspend or terminate your Account at any time for any reason or for no reason and refuse any and all current or future use of the Platform (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use the Platform if you have been previously removed by LUJO DEPOT INC., or if you have been previously banned from the Platform.
4.3 Social Networking Site. If you access the Platform through a social network service (“SNS”), as part of the functionality of the Platform, you may link your Account with a SNS, by allowing LUJO DEPOT INC. to access your SNS, as is permitted under the applicable terms and conditions that govern your use of each SNS. You represent that you are entitled to grant LUJO DEPOT INC. access to your SNS account (including, for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable SNS. By granting LUJO DEPOT INC. access to any SNS accounts, you understand that LUJO DEPOT INC. may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Platform that you have provided to and stored in your SNS account (“SNS Content”) so that it is available on and through the Platform. Unless otherwise specified in this Agreement, all SNS Content shall be considered to be User Content (as defined below). Depending on the SNS account you choose and subject to the privacy settings that you have set in such SNS account, personally identifiable information that you post to your SNS account may be available on and through the Platform.
4.4 Credit Card on file. In order to protect LUJO DEPOT INC.and its affiliates i.e designers and clothing items for rental services. LUJO DEPOT INC. requires a credit card on file for any items not returned and items damaged. Any items not returned are subject to a x5 charge of the retail price. For example, a sweater that is worth $100 in retail, and is not returned can be charged up to $500 same goes for damaged. We understand things happen, so please communicate with us what the problem is and we can try to work it out, find a solution together. If a credit card is not submitted in the membership account portal, LUJO DEPOT INC. has the right to deny membership and rental.