WEBSITE USER AND ACCEPTABLE USE POLICY
(Site) is a Site operated by The Dress Change Limited of 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ, a limited company registered in England with company number 11439849.
BY USING OUR SITE YOU ACCEPT THESE TERMS
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
Our Acceptable Use Policy below.
If you wish to offer items for exchange, or have access to the details of those offering items for exchange, then you will need to register for an account and our main terms and conditions will also apply thedresschange.com/terms-conditions
We provide a platform on which you can offer goods on our Site in exchange for other goods.
Access to our Site is free of charge.
By registering for an account, you can list for exchange 1 item per calendar month. As a premium member you can list up to 5 items for exchange per calendar month.
It is your responsibility to make any and all arrangements necessary in order to access our Site.
Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue our Site (or any part of it) at any time and without notice. Subject to our main terms for members, we will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.
Only items for exchange can be listed on the Site and no goods may be placed on the Site in return for payment;
To place Listing on our Site or contact those offering items for exchange you must register for an account.
To register for an account you must be:
o an Individual only (i.e. not acting in the course of a business);
o resident in the UK;
o over the age of 16. Where you are over the age of 16 but under the age of 18 years of age, your parent or guardian must create an Account for you. You must only use the Account with their supervision.
We do not offer any items for exchange and any contract formed for an exchange is between the members of the Site offering and accepting the exchange.
Members and the goods offered for exchange on the Website have not been approved or vetted by Us.
ITEMS OFFERED FOR EXCHANGE ON OUR SITE
We do not pre-screen members of our Site or the items advertised in listings on our Site. We are therefore not, in any way responsible for any items exchanged or for the content of any listings.
Members are required to offer a full description of the items offered, including any defects, and to upload pictures of the items. The colours of pictures can vary.
CREATING AN ACCOUNT
To create an account you will be required to inform us of your name, a username, your gender, age, address and to upload a profile photo. Your profile photo does not have to be a picture of you, it can be anything you choose but you must not breach any copyright laws that exist in images that are not your own.
All exchanges made using information on our Site are between the members offering and accepting the exchange. We are not a party to such transactions.
When looking to exchange an item you expressly agree that you have read the description and all details within the relevant listing carefully and that, if details you provide are not within a listing, that you will provide a true and accurate description of the item you wish to exchange.
The delivery and/or collection of the items are to be agreed between the parties to the exchange. If you arrange to meet in person to exchange their goods we strongly recommend you follow the following simple tips:
- Goods should only be exchanged - never give money. If someone you are communicating with asks you for money or your bank details they are likely to be a scammer. If you have experienced monetary fraud online, report it to Action Fraud and to us.
- Report unwarranted behaviour. If you encounter a suspicious person or someone has been rude to you, do not hesitate to report them to us.
- Meet in a public place. When you meet another member for the first time, do it in a public place like a bar or a café. Do not go to their home unless you are accompanied.
- Tell a friend. Inform someone you know and trust that where you are going and the reason.
- Stay connected. Make sure your phone is charged before your meeting.
- Take action. If you have encountered an incident of a serious nature call the police straight away and report your experience to us.
All members of our Site are individuals and not acting in the course of a business. Therefore you do not have the same legal protection in regards to the goods as when dealing with a business. This means that you have no right to cancel an agreement for an exchange or return items unless they have been misdescribed to you.
You will not be able to ask for an exchange for an item in regards to damage or defects that were made clear to you within a listing.
If you register for an account to offer or accept an exchange, you will agree that feedback may be give about the goods offered or the other party to the exchange on the Site.
WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 9th November 2018.
WE MAY MAKE CHANGES TO OUR SITE
We may update and change our site from time to time to reflect our users' needs and our business priorities.
WE MAY SUSPEND OR WITHDRAW OUR SITE
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We do not represent that content available on or through our Site is appropriate for use or available in other locations outside of the UK.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us immediately.
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our Site, and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
LIMIT OF RELATIONSHIP
We are not liable for any information given on the Site by members.
We do not verify the registration of members, nor do we modify or vet the information posted within listings.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
USER-GENERATED CONTENT IS NOT APPROVED BY US
This Site may include information and materials uploaded by other users of the site, including members, profiles, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Our Site is meant for use by consumers only and is not meant for use by any person acting in the course of a trade, business or profession and you agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our Site or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy below.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy or commits a criminal act.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy below.
You are solely responsible for securing and backing up your content.
RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to our Site, you grant us full rights to use, re-post and deal with all such content provided we deal with it in a fair and reasonable way.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (see below).
USE OF OUR TRADE MARKS
You are not permitted to use any of our trademarks, whether they are registered or not, without our approval, unless they are part of material you are using as permitted under How you may use material on our site.
Website acceptable use policy
This acceptable use policy sets out the terms between you and us under which you may access our Site.
You may use our Site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- To advertise any items for sale;
- To list any items that are not clothing, shoes or accessories (including underwear, personal items or jewellery).
You also agree:
- Not to reproduce, duplicate copy or re-sell any part of our Site in contravention of the provisions of our terms of website use above.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our Site, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our Site, including on any profile or when creating a listing (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this general user and acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our Site;
- Closure of your account;
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site, including accounts, profiles and teams.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?