as of October 1, 2020
You are solely responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display on the Services (including product reviews, the items you select as part of “My WEAR THIS” and comments you post regarding other user’s “WEAR THIS“) will be able to be viewed by other users of the Services and through third-party services and websites. You can go to your account “Settings” page to disable your account, in which case no one will be able to view your Content or “My WEAR THIS” and you will be logged out. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you are at least 13 years of age. We do not knowingly market or sell products for purchase by children. You may only buy items from WEAR THIS if you are legally capable of forming a binding contract with WEAR THIS (or if you are under 18 years old, but over 13 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Services under the laws of the United States or any other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you open an account on behalf of a company, organization, or other entity, then: “you” includes you and that entity; and you represent and warrant that you are authorized on behalf of that entity to bind the entity to these Terms; and you agree to these Terms on the entity’s behalf.
The Services that WEAR THIS may change from time to time without prior notice to you. In addition, WEAR THIS may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. WEAR THIS retains the right to create limits on use and storage at its sole discretion at any time without prior notice and without incurring any liability to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by WEAR THIS on the Services are subject to change. In consideration for WEAR THIS granting you access to and use of the Services, you agree that WEAR THIS and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
WEAR THIS is an online intermediary, which partners with some of the world’s best known brands to give you a wide array of fashion items to buy. There are two ways to buy products through WEAR THIS:
(2) We operate an Integrated Checkout service, allowing you to add multiple items from various Integrated Partners to your shopping basket and checkout all these items on the WEAR THIS website. I n order to process these payments, we will need to share your personal data, shipping details and payment details that are related to such transactions with each of the WEAR THIS Partners from whom the products you are purchasing originate, by our secure systems.
Please note that WEAR THIS has no responsibility for the fulfillment or your order, regardless of how you purchase your items You should contact the relevant Partner from whom you have purchased the item directly with respect to any queries you have on the delivery, refund, exchange or return of the items you purchase.
If you are making a payment on one of our WEAR THIS Partner websites, payment can be made by any card accepted by the retailer that delivers the product. You will be asked to enter your shipping details, billing details and payment details in order to purchase the product from the WEAR THIS Partner. If you are making a payment on WEAR THIS via our Integrated Checkout service, then WEAR THIS accepts a variety of payment options, including credit and debit cards. When you make your first payment through the Integrated Checkout service, you will be asked to enter your shipping address and billing/payment details in order to purchase the item.
If you are not a WEAR THIS member, you will be required to enter your shipping and billing details each time you purchase an item. We use the third-party payment process provider–Stripe–to process your transactions made through Integrated Checkout.
If you are a WEAR THIS member and want to change your existing payment card details, you can do this in the “Payment Methods” section of “My Account”.
Regardless of whether you pay for an item on a WEAR THIS Partner’s website or through our Integrated Checkout service, you confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery.
We are not responsible, and have no liability, for transactions which are made on our WEAR THIS Partner websites. We take reasonable care to keep the details of your order and payment secure but, in the absence of any gross negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering through the Services.
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable to you if for any reason the Services are unavailable at any time or for any reason. We reserve the right to modify, restrict or terminate access to the Services at any time. From time to time, we may restrict access to some or all of the Services. You are responsible for making all arrangements necessary for you to access Services. You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms, and that they comply with them.
All Content you post on the Services (such as product reviews or comments on other people’s “WEAR THIS“) is the sole responsibility of the person who originated such Content and WEAR THIS disclaims any liability related to content posted by users of the services. Although WEAR THIS does not routinely screen or monitor content posted by users of the Services, WEAR THIS reserves the right to monitor and to remove content that violates these Terms (or applicable law) should WEAR THIS becomes aware of such content, however WEAR THIS is under no obligation to do so. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk . If we are notified by a third party that the Content you submit or post is in violation of these Terms or any applicable law, we reserve the right to remove such Content from the Services without notice to you.
WEAR THIS does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed by users of the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will WEAR THIS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Following termination or deactivation of your account, or if you remove any Content from the Services, we may retain your Content for a commercially-reasonable period of time for backup, archival, or audit purposes. Furthermore, we and other users of the Services may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.We allow you to follow other WEAR THIS users and items and “WEAR THIS” they have compiled on the Services. By using the Services, you agree to allow other users of the Services to follow you.
You retain your rights, including copyright and other intellectual property rights, to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services from time to time, you grant WEAR THIS a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works from, and distribute such Content in any and all media or distribution methods (whether now known or later developed).
You agree that this license includes the right for WEAR THIS to make such Content available to other companies, organizations or individuals who partner with WEAR THIS for the syndication, broadcast, distribution or publication of such Content on other media and services.
You agree that no compensation will be payable to you in respect of any of the foregoing uses by WEAR THIS, or other companies, organizations or individuals who partner with WEAR THIS with respect to the Content that you submit, post, transmit or otherwise make available through the Services. You waive all rights (or similar or equivalent rights in other jurisdictions) you have in such Content to the fullest extent permitted by law.
WEAR THIS may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as is necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You are liable for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and WEAR THIS‘s third-party partners. You understand that your Content may be used, reproduced or displayed by WEAR THIS‘s partners and if you do not have the right to submit Content for such use, it may subject you to liability. WEAR THIS will not be responsible or liable for any use of your Content by WEAR THIS in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
All right (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the Content (including Content provided by users of the Services) including but not limited to all information, data, text, maps, graphics, the “look and feel”, logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of WEAR THIS and its licensors. The Services are protected by copyright, trademark, and other laws and treaties around the world. All such rights in the Services, Content (excluding Content provided by users of the Services) and related material are reserved.
WEAR THIS is a trademark of the Company. Both the trademark and the WEAR THIS logo are owned by the Company and cannot be used without prior written consent. Nothing in the Terms gives you a right to use the WEAR THIS name or any of the WEAR THIS trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding WEAR THIS, or the Services is entirely voluntary and WEAR THIS will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
You shall not use the Services:
WEAR THIS reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. WEAR THIS also reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of WEAR THIS, its users and the public.
WEAR THIS may on occasion run competitions or promotions either on its own behalf, for other parties or in conjunction with the WEAR THIS Partners. These will be subject to additional rules and conditions which will be made available at the time of any such competition or promotion.
The Services Are Available “as-is”Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
Without limiting the foregoing, WEAR THIS AND ITS PARTNERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATION), GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED. WEAR THIS makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content thereon. WEAR THIS will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that WEAR THIS has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. WEAR THIS makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from WEAR THIS or through the Services, will create any warranty not expressly made herein.We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any Content posted on it, or on any website or application linked to it.
We are not liable to you for any inability to access the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEAR THIS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY: (i) LOSS OF PROFITS, SALES OR CONTRACTS; (ii) LOSS OF INCOME OR REVENUE, (iii) LOSS OF BUSINESS OPPORTUNITY OR GOODWILL OR REPUTATION; (iv) LOSS OR CORRUPTION OF DATA OR INFORMATION; (v) LOSS OF ANTICIPATED SAVINGS; (vi) WASTED MANAGEMENT OR OFFICE TIME; OR (vii) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
ARISING FROM OR IN ANY WAY CONNECTED TO: (i) YOUR ACCESS TO OR USE OF THE SERVICES; (ii) YOUR DELAY IN USING, OR INABILITY TO ACCESS OR USE THE SERVICES; (iii) THE FULFILMENT OF YOUR ORDERS FROM OUR WEAR THIS PARTNERS ONCE YOU HAVE PLACED AN ORDER THROUGH WEAR THIS, INCLUDING BUT NOT LIMITED TO THE DELIVERY, EXCHANGE, RETURN OR REFUND OF ITEMS YOU HAVE PURCHASED FROM WEAR THIS PARTNERS; (iv) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (v) USE OF ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES; OR (vi) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES. NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SERVICES, SHALL BE LIMITED TO NOMINAL DAMAGES. NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER OR LIMIT OR EXCLUDE OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER LAW.
You are responsible, and assume liability, for all Content that you add, or link to, the Services. You agree not to hold us responsible for things other users say or do through the Services. If you have a dispute with another user, you release us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, COSTS, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS TO DEFEND CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES)) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.
We reserve the unequivocal right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason, including (without limitation) in circumstances where;
On termination of these Terms (for whatever reason) all licenses and rights granted to you in relation to the Services shall immediately come to an end.
The failure of WEAR THIS to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
The courts of the State of New York will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Services. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York.
These Terms are the entire and exclusive agreement between WEAR THIS and you regarding the Services (excluding any services for which you have a separate agreement with WEAR THIS that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between WEAR THIS and you regarding the Services. Other than members of the group of companies of which WEAR THIS is the parent, no other person or company will be thirdparty beneficiaries to the Terms. You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty or undertaking not expressly incorporated herein. If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Any failure by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
The Services are licensed personally to you and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party. We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honor your rights under them.
Nothing in these Terms shall be deemed to constitute a partnership between the parties nor is any party considered an agent or employee of WEAR THIS by these Terms.
WEAR THIS may revise these Terms from time to time, the most current version will always be at launchdemo.wearthis.net/terms-and-conditions/. If the revision, in WEAR THIS‘s sole discretion, is material WEAR THIS will notify you via an e-mail to the email associated with your account. By continuing to access or the Services after those revisions become effective, you agree to be bound by the revised Terms. These Services are operated and provided by WEAR THIS. If you have any questions about these Terms, please contact us.
Effective: October 1, 2020