Terms of Use

Overview

Clothex ("we", "us", "our") offers a platform for exchanging clothes, accessories, shoes, and other items. Through a mobile application and any other tool related to these Terms of Use (the "Terms", the "Agreement"), users may exchange pieces directly with other users. Additional terms that may arise during use and/or be accessible through links are generally referred to as the Service (the "Service"). Using the Service, users ("You") can upload photos, provide information about the status, size, brand, name of their items, and submit them for exchange through a monthly subscription. Other users can also upload items for swapping, signaling their desire to swap by clicking the "Want" button or swiping right.

Before using the Service, please read these Terms carefully. By using or accessing any part of the service, you agree to these Terms. It is not permitted for you to access or use any of the features offered by the Service if you do not agree to all the terms of this Agreement without exception.

Any new features added to the Service are also subject to the Terms of Use. You can view the latest version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms without notice by posting updates and / or changes on our website. You are responsible for periodically checking this page for changes. Your continued use of or access to the Service following the posting of any changes constitutes your acceptance of those changes.

General conditions

We reserve the right at any time and for any reason to refuse to provide the Service to anyone or to terminate the provision of the Service to anyone.

You agree not to reproduce, duplicate, copy, sell, resell or use any part of the Service other than as provided in these Terms, without our written permission.

PROVIDED CONTENT AND INTELLECTUAL PROPERTY

You acknowledge and agree that the Service and the Collective Content may contain images and descriptions of items and other content protected by copyright, trademark or other laws of the UK and foreign countries. By uploading such user content ("Content Submitted", "Collective Content"), you grant us a perpetual, irrevocable, worldwide free and non-exclusive license to use, copy, distribute, publicly display, modify, create and sublicense such works, materials or any part thereof.

We make every effort, but have no obligation to monitor, edit or remove content that we believe is illegal, offensive, obscene, vulgar, threatening, defamatory, racial or ethnically inappropriate, pornographic, obscene, unwanted advertising or in other way causing objections or infringes the intellectual property of any party or these Terms of Use.

You agree not to modify, copy, process, rent, lease, sell, distribute, delete, obscure or create derivative works based on any copyrights, trademarks, service marks or other proprietary rights contained in the Service or collective content.

You warrant that your Submitted Content does not violate any laws of the UK or your jurisdiction or the rights of any third party, including copyright, trademark, confidentiality, publicity or other personal or proprietary rights. You also agree that your Submitted Content will not contain defamatory or other illegal, offensive, obscene, or pornographic material, and will not contain any computer viruses or other malicious software that in any way may affect the operation of the Service. You may not use a fake email address, impersonate anyone other than you, or mislead us or third parties about the origin of the Content. You are solely responsible for any of your comments and their accuracy. We are not responsible or liable for any Content provided by you or any third party.

Registered users can publish, upload, send and transmit User Content. By making any User Content available through the Service, you hereby grant Clothex and its users a perpetual, non-exclusive, transferable, free license with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit and otherwise use such User Content. Clothex does not claim any ownership of such User Content, and nothing in these Terms will limit any rights you may need to use any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you provide through the Service. Accordingly, you represent and warrant that: (i) you are the sole owner of all User Content that you provide through the Service, or you have all the rights, licenses, and consents necessary to grant rights to such User Content provided by these Terms; and (ii) neither User Content, nor your posting, uploading, publishing, sending or transmitting User Content, or the use of Clothex or its Users by User Content (or any part thereof) will infringe patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or the rights of publicity or confidentiality of a third party or violate any applicable laws or regulations.

Swap

Every item uploaded by users as Provided Content undergoes verification and must meet our requirements. The item must be authentic. We encourage you to upload and give preference to new or mildly used and second-hand items that are odorless (cigarette smoke, perfume, pets, mothballs, etc.), free of stains (sweat marks, makeup marks, food / water stains, etc.), not damaged (holes, extensions, missing / broken parts, such as buttons, brand label, etc.).

Please upload photos of items that meet the following criteria: they should be well-lit, show pieces without unnecessary objects, be clear, not distort colors, and not contain any personal information.

In case of mutual liking, our specialists contact both parties and confirm intention. Our specialists conduct additional inspections in your presence or you send us your item for verification and exchange by mail. Clothex shall not be liable for any loss or any other damage caused to you or any third party in the course of providing the service, including the transportation and delivery of items by you personally or by postal or courier services, etc. Once both items have passed peer review, they are delivered to their respective parties. If one or both items do not meet requirements, they are returned to the owners or picked up by them themselves. Your decision cannot be changed once you give your item to us.

DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results that may be obtained while using the service will be accurate, authentic or reliable.

You agree that from time to time we may terminate the Service indefinitely or cancel the Service at any time without notice to you.

You expressly agree that the use or inability to use the Service is at your own risk. The Service and all products and features provided to you through the Service are provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, express or implied, including any implied warranties or conditions of merchantability, fitness for a particular purpose, durability or non-infringement. We do not guarantee that the site is secure, that its content is accurate or reliable, or that it is free from defects, viruses or other harmful components.

In no event shall our employees, affiliates, agents, contractors, service providers or licensors be liable for any injuries, losses, claims or any direct, indirect, incidental, special damages of any nature including without limitation, loss of profits, loss of income, loss of savings, loss of data or any similar damages based on contract, tort (including negligence) or otherwise arising out of your use of any service or any products obtained through the Service, or any other claim relating in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content or loss or damage of any kind resulting from the use of the Service or any content (or product) posted, transmitted or otherwise provided through the Service.