Terms of Service2018-07-10T17:39:34+00:00

Privacy Policy

We respect your concerns about privacy and follow strict procedures to protect your personal information. We do not give out information about you to any third parties.

 

Terms Of Service

Welcome to the website (the “Site”) of The Changing Room. These Terms of Service govern your use of the Service (defined below) and the Site. By using the Site or Service, you are stating that you have read and understand, and agree to be bound by, these terms. The Site offers a wide range of services and sometimes additional terms. The Changing Room will send you a detailed inventory for your approval upon Consignment. Certain portions of the Site may not be available to you unless you have registered. If you do not agree to be bound by these terms and conditions you may not use the Service or Site in any way.

DESCRIPTION OF SERVICES

In the Site, The Changing Room provides users with access to sales of luxury resale items. You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

LICENSE AND SITE ACCESS

The Changing Room grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in The Changing Room’s sole discretion) an unreasonable or disproportionately large load on The Changing Room’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by The Changing Room to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the permission or license granted to you by The Changing Room.

YOUR ACCOUNT

You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of South Africa or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or The Changing Room has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Changing Room has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof). If you use the Site or Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify The Changing Room immediately of any unauthorized use of your account or any other breach of security. The Changing Room reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.

SUBMITTED CONTENT

The Site and Service may provide you and other users with the ability to send messages or post content to or for other users and non-users. The Changing Room is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, The Changing Room may from time to time monitor the Postings on the Site or Service and may decline to accept and/or remove any Postings. You acknowledge that you are responsible for any Postings you may submit through the Site or Service, including the legality, reliability, appropriateness, originality and copyright of any such Postings. You may not upload to, distribute or otherwise publish through this Site any Posting that:

  1. is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable South African or foreign laws;
  1. may contain software viruses or malware;
  1. contains advertisements or solicitations of any kind, or other commercial content;
  1. is designed to impersonate others;
  1. contains personal information (such as messages that include phone numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
  1. contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
  1. contains multiple messages placed within individual folders by the same user restating the same point;
  1. contains chain letters of any kind; or
  1. contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.

AUTHENTICATION AND BRANDS

You acknowledge and agree that The Changing Room’s authentication process is in-house and independent. Brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the website. Brands sold on the Site are not partnered or affiliated with The Changing Room’s in any manner.

DISCLAIMER OF WARRANTY

All content, products, and services on the site, or available through the service, or obtained from a website to which the site is linked (a “linked site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The Changing Room does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site or service by any party, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site. Other than as required under applicable consumer protection law, under no circumstance will The Changing Room be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

LIMITATION OF LIABILITY

You expressly understand and agree that The Changing Room and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the changing room has been advised of the possibility of such damages), resulting from use of the site, content or any related services.

INDEMNITY

You will indemnify and hold harmless The Changing Room from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by The Changing Room and such parties, and shall defend  The Changing Room and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) or the rights of a third party. The Changing Room will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of The Changing Room.

FORCE MAJEURE

The Changing Room shall be excused from performance under these TOS, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of The Changing Room. In the event that The Changing Room is temporarily unable to ship to you a purchased item because of such an event, The Changing Room will give you the option of deferring shipment or receiving a refund of your charges.

ELECTRONIC COMMUNICATION

When you use the Site, Service or send emails to The Changing Room, you are communicating with The Changing Room electronically. You consent to receive communications electronically from The Changing Room. The Changing Room will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

LINKS

The Site, Service or third parties may provide links to other websites or resources. Because  The Changing Room has no control over such sites and resources, you acknowledge and agree that  The Changing Room is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that The Changing Room shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

MODIFICATION AND NOTIFICATION OF CHANGES

The Changing Room reserves the right to make changes to the Service, Site, related policies and agreements at any time. If The Changing Room makes a material modification, it will notify you by: (i) sending an email to the address associated with your account. The Changing Room is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add thechangingroom.co.za to the list of domains approved to send you email. After notice of a modification to the Terms and Conditions or the Privacy Policy has been posted for 30 days, the notice may be removed. If you choose to continue using the Site or Service, you agree that by doing so you will be deemed to accept the new  Terms and Conditions or Privacy Policy, as relevant.

TRADEMARKS

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of The Changing Room and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of The Changing Room or such third party which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) may protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.

HOW TO CONTACT US

If you have any questions or comments about these Terms and Conditions or this Site, please contact us by email at info@thechangingroom.co.za.

You also may write to us at:

The Changing Room
6 Cavendish Street
Claremont 7708
South Africa