Terms And Conditions
IMPORTANT: READ THESE TERMS CAREFULLY BEFORE DOWNLOADING OR INSTALLING THIS SOFTWARE. BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THIS SOFTWARE (EACH AN "ACCEPTANCE" OF THIS EVALUATION AGREEMENT), YOU OR THE ENTITY IDENTIFIED BY YOU WHEN ACCEPTING THIS AGREEMENT ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THE SOFTWARE AND IT IS YOUR RESPONSIBILITY TO EXIT THIS DOWNLOADING / INSTALLATION PROCESS WITHOUT DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE AND TO DELETE THE SOFTWARE FROM YOUR DEVICE.
Terms of Service Agreement
Tulerie, LLC and/or its suppliers, agents, affiliates, subsidiaries and its employees, officers and members (collectively, “Tulerie”) own, manage and operate Tulerie, an online App providing users with a variety of resources to facilitate peer-to-peer sharing, lending, borrowing, renting and sales of goods and services. The following describes the terms on which Tulerie offers you access to our websites, App and services (“Platform”). If you do not accept and agree to the terms then you must not access or use the app or site.
Common Terms
Borrower: The user who requests to borrow the Product(s)
Lender: The user who owns the Product(s) on the App that is available to other users to borrow
Messenger: The message function provided in the App for users to communicate
Product(s): Any items (including but not limited to apparel, shoes, handbags, and accessories) posted on the App that are available to be borrowed or purchased
Rental Fee: Rental price (as determined by the Lender); plus shipping costs and any applicable dry cleaning fees (as determined by the Lender)
Retail Value: The current or estimated value of the Product as determined by the Lender
Return Packaging: The complete packaging provided by the Lender which may include but is not limited to the shipping parcel, dust bag(s), garment bag(s), shoe box(s), jewelry box(s), sunglass case(s), etc.
Service Fee: Fee charged to either Lender or Borrower for use of Tulerie’s services
Tulerie Funds: Credits available to use for borrowing or purchasing items. Credits are earned through lending transactions and do not expire. Earned credits can be redeemed for cash through a payout. Payouts can be requested once per month and will be initiated on the 1st business day of the following month. Any credits that were given by means of promotion or other reason may expire and are not redeemable for cash.
App and License
Tulerie grants you a limited, non-exclusive license to access and use the App for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our App, including without limitation your participation in or involvement with any events and your submission of accurate and acceptable information. You also agree not to use or access the App from outside the United States.
Tulerie is provided on an “as is” basis. No warranty is given about the quality, accuracy, functionality, availability, content or performance of the App and we reserve the right to suspend, withdraw, amend, modify or vary the service provided without notice and without incurring any liability to you or any third party.
Except as expressly permitted by us in writing, you agree not to reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Tulerie. You will not take any measures to interfere with or damage Tulerie. All rights not expressly granted by Tulerie are hereby reserved.
You acknowledge and agree that Tulerie may disclose your information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that information violates the rights of third parties; (d) protect the rights, property or personal safety of Tulerie, its employees, users or the public; or (e) enable the transfer or sale of the App to another entity.
ACKNOWLEDGMENT. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Tulerie, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the Apple Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Tulerie acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Tulerie acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Tulerie will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and Tulerie acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Eligibility
You must be eighteen (18) years of age or over to register as a member of or use the App. Membership in the App is invalid where prohibited. By using the App, you represent and warrant that you have the right, authority and capacity to enter into an agreement on these terms and to abide by these terms.