Effective Date: 1/03/2025

These Terms of Use (“Agreement”) govern your access to and use of the Dressivo website (“Site”) and the services provided through our platform (“Services”), which include the rental and hire of garments and related products. The Site is operated by DRESSIVO (38188769103) and its subsidiaries (“Dressivo,” “we,” “us,” or “our”). By accessing or using the Site and Services, you agree to be bound by these Terms. If you disagree with any portion of these Terms, you must immediately stop using our Site and Services.

1. General Acceptance and Amendments

1.1 Binding Agreement:
Your use of Dressivo’s Site constitutes acceptance of these Terms and any additional policies referenced herein. It is your sole responsibility to read and understand these Terms before using our Services.

1.2 Changes and Updates:
We may revise these Terms at any time without prior notice. Updates will be posted on the Site, and your continued use after changes are posted signifies your acceptance of the revised terms. If you do not agree with any amendments, you must cease using the Site and Services immediately.

1.3 Severability:
If any provision of this Agreement is found invalid or unenforceable by a court, the remaining provisions shall continue in full force and effect.

2. Eligibility, Registration, and Account Security

2.1 Eligibility Requirements:
Access to our Site and Services is available only to individuals who are at least 18 years old and legally capable of entering into binding contracts under applicable law. By registering, you confirm that you meet these criteria and that the information you provide is accurate and current.

2.2 Account Creation and Responsibilities:

• Registration: Certain features of the Services require account registration. You agree to provide truthful and complete information during the registration process and update it as needed.
• Account Security: You are responsible for safeguarding your account credentials. Any activity that occurs under your account is your responsibility. Immediately notify Dressivo if you suspect any unauthorized access or breach.
• Non-transferability: You may not transfer, sell, or otherwise assign your account or any rights herein to any third party without our express written consent.

2.3 Right to Refuse Service:
Dressivo reserves the right to cancel, suspend, or restrict access to any account, including unconfirmed or inactive accounts, at our sole discretion and without notice if we determine there is a breach of these Terms or any misuse of our Services.

3. Permitted Use and Conduct on the Site

3.1 Compliance with Laws:
Your use of the Site must comply with all relevant federal, state, and local laws. You agree to use the Site only for lawful purposes and in a manner that does not infringe on the rights of others.

3.2 Prohibited Conduct:
Without limitation, you agree not to:

• Engage in activities that are fraudulent, harmful, or that might damage or interfere with the operation of the Site.
• Post, transmit, or distribute any content that is defamatory, infringing, obscene, abusive, or otherwise objectionable.
• Employ any automated means (such as bots or scrapers) to collect or harvest information from the Site.

3.3 User Responsibility for Data:
You are solely responsible for any data, text, images, audio, video, or other materials (“User Content”) you upload or transmit through the Site. You must have all necessary rights and permissions to submit such content, and it must comply with applicable intellectual property laws.

4. Intellectual Property and Content Rights

4.1 Ownership of Site Content:
All content on the Dressivo Site—including but not limited to text, images, logos, graphics, software, and other materials—is the property of Dressivo or its licensors and is protected by copyright and other intellectual property laws. No part of the Site may be reproduced or used without prior written permission from Dressivo.

4.2 License to User-Generated Content:
By uploading any content to Dressivo, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, distribute, display, and create derivative works from such content in connection with the operation, promotion, and improvement of our Services.

4.3 Third-Party Links:
Our Site may include links to external websites. Dressivo is not responsible for the content or practices of these third-party sites, and you access them at your own risk.

5. Lender Obligations and Product Listings

5.1 Accurate Representations:
Lenders listing garments for hire on Dressivo must provide accurate, complete, and truthful descriptions of their products. This includes details regarding size, color, condition, and any defects. Misrepresentations may result in penalties, removal of listings, or termination of your lender account.

5.2 Legal Rights and Content:
By listing a garment, lenders warrant that they possess the legal rights to rent it out and that any images, text, or other materials provided are either owned by the lender or used with the proper permission.

5.3 Assistance with Content Upload:
If Dressivo assists in uploading or formatting content on behalf of a lender, the lender remains responsible for the accuracy and legality of the information provided. Any errors or issues resulting from such content will be the lender’s responsibility.

6. Financial Terms, GST, and Payment Processing

6.1 Pricing and Taxes:
All prices on the Site are listed in Australian Dollars (AUD) and include the applicable Goods and Services Tax (GST) unless stated otherwise. You are responsible for any additional taxes that may apply.

6.2 Agency and Commission:
In accordance with applicable Australian tax laws (including the GST Ruling GSTR 2000/37), Dressivo acts as an agent for lenders. We facilitate rental transactions in return for a commission that is GST inclusive. Lenders must ensure their listed prices reflect GST inclusion and manage their own remittance to the Australian Taxation Office.

6.3 Payment Processing:
Payments for rentals are processed at the time of booking. A processing fee—consisting of a percentage of the order total plus a fixed fee—may apply, with additional fees for international transactions. These fees are subject to change at Dressivo’s discretion.

6.4 Lender Payment and Bank Information:
It is the lender’s responsibility to maintain up-to-date and accurate banking information. Dressivo is not liable for misdirected payments due to incorrect details. Once funds are transferred, any redirection or refund issues may not be rectified by Dressivo.

7. Rental, Delivery, and Return Procedures

7.1 Booking and Exclusive Rental Period:
When you book a garment via Dressivo, you secure exclusive access for the specified rental period, which begins upon confirmed delivery and ends at the designated return time.

7.2 Delivery Arrangements:

• Dressivo arranges for the delivery of garments to the address provided during booking.
• It is the customer’s responsibility to ensure that the delivery address is correct and accessible. Delays or issues caused by an inaccurate address may incur additional costs.

7.3 Return Process and Requirements:

• Garments must be returned using the designated packaging and shipping method provided by Dressivo.
• Returns must be lodged no later than 12pm on the final day of the Rental Period, or on the next business day if the final day falls on a weekend or public holiday.
• Failure to adhere to the return procedures, such as using non-approved packaging, may result in additional late fees.

7.4 Late Fees and Non-Return Penalties:

• Late returns will incur daily fees calculated as a percentage of the garment’s daily rental rate, up to a maximum limit defined by Dressivo.
• If a garment is not returned within 15 days after the scheduled return, Dressivo reserves the right to charge an amount equivalent to the full recommended retail price, transferring ownership of the garment to the customer.

7.5 Unsuccessful or Delayed Deliveries:
In cases where delivery is delayed due to reasons within the customer’s control (e.g., incorrect shipping address) or if the garment is not delivered within the expected timeframe, the customer may forfeit their refund and incur additional shipping fees.

8. Condition, Damage, and Dispute Resolution

8.1 Condition Standards for Garments:
Lenders must ensure that all garments listed for rental are in “good” condition—clean, wearable, and without significant defects. Minor signs of wear (e.g., small hidden stains or loose threads) are acceptable, provided they do not materially affect the garment’s usability.

8.2 Disputes Concerning Condition:

• Customers who believe a garment does not meet the condition standards must report their concerns within 24 hours of receipt.
• Reports should include detailed descriptions and photographic evidence.
• Dressivo will review all disputes on a case-by-case basis and determine the appropriate remedy, which may include a refund or compensation. Customers may still be liable for cleaning fees if additional cleaning is required upon return.

8.3 Liability for Damage or Loss:

• The customer is responsible for any damage, loss, or theft of the garment during the entire rental period—from delivery until confirmed return.
• In the event of damage beyond normal wear and tear, the customer agrees to cover the costs of repair or replacement, not exceeding 200% of the garment’s retail value.

8.4 Misrepresentation and Inaccurate Listings:
If a garment is materially different from its advertised description (e.g., incorrect size or style), the customer is entitled to a full refund. The lender will be responsible for reimbursing Dressivo for any commissions or fees disbursed in relation to that transaction.

9. Cancellation and Refund Policies

9.1 Customer Cancellations:

• When you book a garment, the rental period is reserved exclusively for your use.
• Cancellations made at least 14 days before the start of the rental period may be eligible for a full refund, less any applicable processing fees.
• Cancellations made within 14 days of the rental period are generally non-refundable unless under exceptional circumstances.

9.2 Exceptional Refunds:
Refunds may be considered on a case-by-case basis for events beyond the customer’s control, including but not limited to:

• Death or serious illness in the immediate family.
• Natural disasters or significant political unrest.
• Failure by the lender to provide the garment in time or in the agreed-upon condition.

9.3 Lender Cancellations:
Lenders should refrain from cancelling confirmed bookings. In extenuating circumstances (e.g., garment damage or unavailability), cancellation requests must be supported by appropriate documentation. Lenders may be liable for additional fees, including any processing fees incurred by Dressivo.

9.4 Dressivo-Initiated Cancellations:
Dressivo reserves the right to cancel any order if it cannot be fulfilled as promised (for example, due to unforeseen logistical issues). In such cases, customers will be promptly notified and issued a full refund, subject to any non-recoverable processing fees.

10. Penalties, Damages, and Collection of Fees

10.1 Penalty Fees:
Failure to comply with these Terms may result in penalty fees, which Dressivo reserves the right to impose. Penalty fees can include charges for:

• Late returns or non-returns.
• Damage to or loss of garments.
• Misrepresentation or fraudulent listings by lenders.
• Other breaches that cause financial or reputational harm to Dressivo or its users.

10.2 Collection and Recovery:

• Should additional fees or damages be incurred, the responsible party (“Breached Party”) must settle the amount with Dressivo within 48 hours of notification.
• Although Dressivo will make reasonable efforts to recover any losses, we are not liable if recovery efforts are unsuccessful.

11. Limitations of Liability and Indemnification

11.1 Limitation of Liability:
To the fullest extent permitted by law, Dressivo, its employees, agents, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits) resulting from your use of or inability to use the Site and Services, even if advised of the possibility of such damages.

11.2 Force Majeure:
Dressivo is not responsible for any failure to perform due to causes beyond our reasonable control, including natural disasters, acts of government, or failures of third-party services.

11.3 Indemnification:
You agree to indemnify, defend, and hold harmless Dressivo, its affiliates, directors, officers, employees, and agents from any claims, losses, damages, liabilities, or expenses arising out of or related to your breach of these Terms, your use of the Site, or your violation of any rights of another party.

12. Additional Provisions

12.1 Privacy:
Your use of the Site is also subject to our Privacy Policy, which governs how we collect, use, and disclose your personal information. Please review the Privacy Policy [insert URL] for further details.

12.2 Governing Law and Jurisdiction:
These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts in Victoria for any disputes arising under or related to these Terms.

12.3 Notices:
Any notice required or permitted by these Terms will be provided electronically (via email or through a notice on the Site) and deemed effective upon posting or transmission.

12.4 Entire Agreement:
This Agreement constitutes the entire understanding between you and Dressivo regarding the use of our Site and Services, superseding all prior agreements or understandings.

12.5 Assignment:
Dressivo may assign or transfer its rights and obligations under these Terms without notice to you. You may not assign or transfer any rights or obligations under this Agreement without our written consent.

By using Dressivo’s Site and Services, you acknowledge that you have read, understood, and agree to be bound by the terms set forth in this Agreement. For any questions or clarifications regarding these Terms, please contact us at [[email protected]]

This document was last updated on 01/03/2025.