TERMS OF SERVICE

[Last updated on January 1, 2014]

1. ABOUT THE TERMS

1.1 The “Site”, “Users” and the “Terms”

What’s considered the “Site”, “Users”, and the “Terms” is described in this paragraph.

Luvyt Inc. (“LUVYT”, “we”, “us”and terms of similar meaning) provides this web site (this site and any applications, including the LUVYT Applications (the “Apps”), the mobile and touch versions and any individual sites we have now or in the future, or other software provided by LUVYT for use with the site or otherwise, altogether referred to as the “Site”) to you subject to these terms of service (these “Terms”). In these Terms we describe users of the Site, whether registered or not, as “Users”.

The services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

1.2 Modifying Terms

These Terms may be modified at any time with or without notice.

LUVYT reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion, with or without notice. If you do not agree with the changes, please stop using the Site immediately. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications.

1.3 Reviewing Terms

You should review these Terms periodically. If you don’t agree with them, you should stop using the Site.

You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please email us at the contact address below.

1.4 Interpretation of Terms

The Terms are to be interpreted and construed by LUVYT.

All issues and questions concerning the construction, validity, interpretation, and enforceability of the Program or the rights and obligations of any User in connection with the Program, shall be governed by, and construed pursuant to the sole discretion of LUVYT.


2. PRIVACY POLICY

2.1 Privacy Policy

LUVYT’s Privacy Policy (available at www.LUVYT.com/privacy-policy) (the “Privacy Policy”) describes how LUVYT collects, uses and discloses personally identifiable information from Users of the Site. The Privacy Policy is expressly incorporated into these Terms. By using the Site, you agree to the Privacy Policy.

 

3. USERS

3.1 Who Can Be a User

You can use the Site as long as you are 18 years of age or older. By using this site, you agree that you are bound by these Terms and agree to be subject to both present and future Terms, conditions, procedures, regulations, and reward terms.

3.2 User Responsibilities

If you use the Site, you agree to:

  1. Provide accurate information when prompted to during the Booking Check-Out process (“Booking Data”)
  2. Keep your Password safe (if applicable)
  3. Inform us of your Booking Data as soon as it changes
  4. Accept all risks of unauthorized access to your Booking Data or any other information you provide to the Site.
  5. Be responsible for all activity while you are using the Site.

4. THE LUVYT PROGRAM (THE “PROGRAM”)

4.1 When Program is Void

The Program is void where prohibited by law.

4.2 What is the LUVYT Program?

The LUVYT Program (the “Program”) refers to a rental service where Users rent bridal accessories and jewellery (the “Products”) from LUVYT. Particulars of the Program are set out in Sections 4.3 to 4.14.

4.3 Rental Fees

The rental fee (“Rental Fee”) for the Products will be the total of the rental fee and delivery charges listed on the Site for your rental of the Products. When you book your Products, you hereby authorize LUVYT to charge your payment card for the Rental Fee. LUVYT will charge your payment card the amount of the Rental Fee immediately upon your booking. A reservation or booking of a Product on the Site is considered to be a booking of the Product, regardless of how far in advance that Product is reserved. Rental Fees exclude all federal, provincial and local taxes, HST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by LUVYT, shall be paid by you to LUVYT in connection with your rental order.

4.4 Security

At the time of your booking of the Product, you hereby agree that you will complete a credit-card authorization form (“Authorization Form”) at least 3 weeks before your Wedding Date. On this Authorization Form, you authorize LUVYT to charge your payment card for an amount equal to 250% of the original retail value of the Product (when new) set forth on the Site plus applicable sales taxes, should the Late Fee (see Section 4.12) become payable. If we are unable to charge your payment card, we will invoice you the amount owing. If you do not pay the amounts you owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation, reasonable lawyers’ fees.

4.5 Cancellation

You may cancel your bookingsubject to the following cancellation fees and policies.

  1. If you cancel one hundred and eighty (180) or more days in advance of your Wedding Date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
  2. If you cancel less than one hundred and eighty (180) days in advance of your Wedding Date, you will not receive any refund or credit.

4.6 Delivery of Products to You

We will deliver the Products you ordered, including the specified size, color and design, at least five (5) days before your Wedding Date, except in the rare event that the Product is damaged beyond repair or is otherwise unavailable. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site.

4.7 Clean and Ready to Wear

The Products will be professionally cleaned and delivered ready to wear. LUVYT cleans and inspects each Product with utmost care, but use of the Product is at your own risk and LUVYT shall not be held liable for any health-related complaints associated with any Product.

4.8 Receiving your Products

Upon delivery, you bear responsibility for the Product. You acknowledge that a Secure Shipping Address is highly recommended. A Secure Shipping Address means a location where an individual can physically receive the Product(s). In the event that an unsecure shipping address is provided, LUVYT does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which LUVYT will not be liable. You will be liable for all such delays and additional delivery fees.

4.9 Use of the Products

You agree to treat the Products with great care, as if it was borrowed from someone close to you. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.

4.10 Return Packaging

When we deliver your Products, LUVYT will provide you with a pre-paid, pre-addressed envelope as well as instructions for returning the Products to LUVYT (“Return Packaging”). If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and your must provide LUVYT with a tracking number.

4.11 Returning the Products

When you are finished using the Products you must place them back in their original cases, boxes, packaging etc. You agree to return the Products to LUVYT in the Return Packaging on or before the Monday following your Wedding Date. You must return the Product by delivering the Product in the Return Packaging to a Canada Post Office or Post Box by 12 noon on or before the Monday following your Wedding Date.

4.12 Late Fees

If you return the Products late or not at all, 250% of the Retail Value plus applicable sales tax (plus the Rental Fee) will be charged to the payment card listed in the Authorization Form. Upon payment of the late-fee, the Products no longer need to be returned to us.

4.13 Program Rules

LUVYT may modify the Program rules at any time.

LUVYT, in its sole discretion, may change the Program, aspects of the Program and Program Rules from time to time, with or without notice. LUVYT has the sole discretion to interpret and apply the Program Rules.

4.14 Limitation of Liability regarding the Program

LUVYT is not liable for several things related to the Program.

Each User agrees that LUVYT and each of LUVYT’s respective agents, representatives, parent companies, affiliates, subsidiaries, and legal advisors, and each of its respective employees, shareholders, officers, and directors are not responsible or liable for, and shall be released and held harmless from:

  1. Late, lost, delayed, damaged, misdirected or otherwise, mail, packages, or other correspondence;
  2. Any condition caused by events beyond the control of LUVYT that may cause the Program to be disrupted or otherwise;
  3. Any printing, human, typographical or other errors or ambiguities in or involving any online or printed materials associated with the Program; and
  4. Any and all losses, damages, rights, claims, and action of any kind in connection with or resulting from participating in the Program.

5. COPYRIGHT & TRADEMARKS

5.1 Meaning of “Content”

In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.

5.2 Copyright and Trade-marks Owned by LUVYT

LUVYT owns the content it creates.

The Site, all Content and all software available on the Site or used to create and operate the Site is the property of LUVYT or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved.

The Site, the LUVYT logo and all other product or service names, slogans or logos displayed on the Site are registered and/or common law trademarks of LUVYT and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LUVYT or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, button icons, custom graphics and scripts may not be imitated, used or copied in whole or in part, without the prior written permission of LUVYT.

Any copying, posting, transmitting, distributing, linking, deep linking, or otherwise modifying of this site without the express written permission of LUVYT is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and /or criminal penalties.

5.3 Trade-marks of Third-Parties

Trade-marks of other third parties are own by their respective owners.

All other trademarks, company names, product names and logos mentioned on the Site are the property of their respective owners. Reference to any product, service, process or other information, by trade name, trademark, supplier, manufacturer or otherwise does not constitute or imply sponsorship, endorsement or recommendation thereof by LUVYT.

5.4 Our Limited License of Content to You

LUVYT is giving you a limited license to do only certain things with the Content on the Site (i.e. access, view, copy and print).

LUVYT grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site. Such license is subject to these Terms, and specifically conditioned upon the following:

  1. you may only view, copy and print such portions of the Content for your own use;
  2. you may not modify or otherwise make derivative works of the Site or the Content, or reproduce, distribute or display the Site or any Content (except for page caching) except as expressly permitted in these Terms;
  3. you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
  4. you may not use any data mining, robots or similar data gathering or extraction methods; and
  5. you may not use the Site or the Content other than for its intended purpose.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section and this Agreement. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by LUVYT at any time.

You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

To request permission for uses of Content not included in this license, you may contact LUVYT at the address set out at the bottom of these Terms.

 

6. LINKS, ETC.

6.1 Linking to the Site

You can link to the Site, as long as you follow several rules. For example, linking should not portray LUVYT in a false, misleading, derogatory or defamatory manner.

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray LUVYT or the Site or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the LUVYT logo or other proprietary graphic of LUVYT to link to the Site without the express written permission of LUVYT. Further, you may not use, frame or utilize framing techniques to enclose any LUVYT or LUVYT trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without LUVYT’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of LUVYT or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of LUVYT or any third party without the prior written permission of LUVYT or such other party that may own such patent, trademark, copyright or other proprietary right(s).

6.2 Links to Third Party Websites

LUVYT is not responsible for links to third-party websites and what is on those websites.

The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. LUVYT does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. LUVYT provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply LUVYT's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. LUVYT accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

7. ADVERTISING AND PROMOTIONS

7.1 Advertising and Promotions

Interacting with ads or promos from third parties on the Site is your business and responsibility, not ours.

LUVYT may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than LUVYT, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. LUVYT is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

 

8. WARRANTY DISCLAIMER

8.1 No Representations or Warranties

LUVYT makes no promises as to exactly what the Site, Content and Services can do for you. What is there is what you get.

The Site, the Content and the services provided by the Site are provided to you on an “as is” basis without warranties from LUVYT of any kind, either express or implied. LUVYT expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. LUVYT does not represent or warrant that Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Content or any portion thereof.

While LUVYT attempts to make your access to and use of the Site safe, LUVYT does not represent or warrant that the Site or any Content are free of viruses or other harmful components.

8.2 Availability of the Site

The Site may not always be available for you to use. There may be some downtime.

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. LUVYT retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

8.3 Transmission of Information

LUVYT is not responsible for keeping your information safe while you are transmitting it to us.

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information, including personal information and financial data (including credit card information) that you choose to communicate with LUVYT and the Site while it is being transmitted. In addition, LUVYT is not responsible for any data lost during transmission.

8.4 Accuracy  of Information posted on the Site

LUVYT cannot promise that any information posted on the Site is error-free.

LUVYT does not represent or warrant that any information obtained via the Site is accurate, error free or that it is up to date. LUVYT does not endorse, recommend, or guarantee any goods or services featured on the Site, and nothing will be considered an endorsement, recommendation, warranty or guarantee of the foregoing by LUVYT. LUVYT has no control over content submitted or posted by both Users and Merchants, or the truth, accuracy, safety or legality of such information.

 

9. LIMITATION OF LIABILITY & INDEMNITY

9.1 No Liability for Claims

LUVYT is not liable for any claims related to your use of the Site.

You waive and shall not assert any claims or allegations of any nature whatsoever against LUVYT, its respective affiliates or subsidiaries, sponsors, contractors, advertisers, vendors or other partners, any of its successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.

9.2 No Liability for Damages

LUVYT is not liable for damages of any kind.

Without limitation of the foregoing, neither LUVYT nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from LUVYT or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to LUVYT or any other Released Party's records, programs or services.

9.3 Maximum Liability

The maximum amount that LUVYT is liable for is whatever fees were paid by you in the last 12 months prior to any claim.

In no event shall the aggregate liability of LUVYT, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any fees paid by you for access to or use of the Site during the twelve months prior to the date of any claim.

9.4 Indemnity for User’s Use of the Site

You must repay LUVYT for any financial losses incurred by LUVYT if such losses relate to your use of the Site.

You shall defend, indemnify and hold harmless LUVYT and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site.

 

10. COMMUNICATIONS

10.1 Notices:

There are 3 ways in which we will try to notify you.

We may provide notices to you in the following ways:

  1. By email to the contact information you provided in your Booking Data;
  2. By posting a notice elsewhere on the Site suitable for the notice. It is your responsibility to review the Site for notices.

10.2 Receiving Information from LUVYT

LUVYT may send you printed or email information regarding your participation in the Program as well as marketing information we believe may be of interest to you. When completing your Booking Data, you will have the opportunity to consent to receive all these types of information from us.

 

11. APPLICABLE LAW AND VENUE

11.1 Governing Law

All disputes and claims shall be governed in accordance with the laws of Ontario and Canada.

The Site is controlled by LUVYT and operated by it from its offices in Toronto, Ontario. You and LUVYT both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and LUVYT explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

11.2 Method of Conflict Resolution

Arbitration shall be the method of conflict resolution.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Site or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Booking Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

11.3 Waiver of Future Class Action

You must waive any right to be part of any class action against LUVYT.

Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against LUVYT related to any Claim and, where applicable, you also agree to opt out of any class proceedings against LUVYT.

11.4 If Arbitration is Prohibited

If Arbitration is prohibited for some reason, conflicts shall be resolved at an appropriate court in Toronto, Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

11.5 Compliance with Local Laws

You must comply with local laws if you access the Site from locations other than Ontario.

If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify LUVYT and the other Released Parties for your failure to comply with any such laws.

 

12. MODIFCATION OF SITE AND ACCESS

12.1 Modification of Site: LUVYT may modify any aspect of the Site or Content without any notice and in its sole discretion.

12.2 Limiting your Access: LUVYT may block or prevent your access to and use of all or any portion of the Site or Content without any notice and in its sole discretion.

 

13. TERMINATION

13.1 Termination by LUVYT

We reserve the right to terminate your right to rent Products from us at any time in the event of any breach of this Agreement by you or for no reason or any other reason in our discretion.

13.2 Survival of Terms

All terms of this Agreement shall survive termination under Section 14.1

 

14. UNSOLICITED IDEAS

14.1 Unsolicited Ideas:

Do not send LUVYT unsolicited materials or ideas. If you do, we do not have to acknowledge or compensate you.

Unsolicited Ideas includes, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us Unsolicited Ideas. Nobody at LUVYT will accept or consider, directly or indirectly any Unsolicited Ideas. We have no obligation to review any Unsolicited Ideas nor do we have any obligation to keep any Unsolicited Ideas confidential. If you do send us any Unsolicited Ideas, LUVYT will automatically own such ideas without restriction and we will not acknowledge or compensate you. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Site or send them to us.

 

15. ELECTRONIC CONTRACTING AND NOTICE

15.1 Electronic Signature:

Using the Site means signing electronically.

Your affirmative act of using this Site and/or registering for the Site constitutes your electronic signature to the Terms of Service and your consent to enter into agreements with us electronically.

 

16. MISCELLANEOUS

16.1 Severability: If any part of these Terms is considered invalid for whatever reason, the remaining parts of these Term will still be considered valid and enforceable.

16.2 Assignment: User may not assign or transfer any or all of their rights without prior written consent of LUVYT. LUVYT may assign any or all of its rights hereunder to any party without your consent.

16.3 Enurement: These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

16.4 Entire Agreement: These Terms, and the Privacy Policy expressly incorporated within, represents the entire Agreement between the Parties, and overrules any previous communications, understandings, etc.

16.5 Terms in English Language: The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.

Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

 

QUESTIONS AND COMMENTS

If you have any questions regarding these Terms or your use of the Site, please contact us at info@luvyt.com.