Effective 18 March 2023
1.2. Access to and use of our Platform is subject to these Terms. The Terms contain important conditions which set out your rights and obligations arising out of your use of the Platform and Services, including where you use the Services in the capacity as a Supplier and as a Renter. They form our contract with you, and we encourage you to read and understand the Terms carefully before using the Platform.
1.4. We may modify, add to, remove from or change these Terms from time to time with or without notice to you. Updated Terms will reflect the new effective date at the top right-hand corner of this page. We encourage you to regularly check this page for any changes.
1.5. You may view, copy, download and print any part of the Platform publicly available to you for your personal use and information only. You shall not modify the content of the Platform. You shall not reproduce, copy, record, and/or transmit in any form and by any means whatsoever content on the Platform and/or any part thereof for commercial use or for the purpose of resale, distribution, public display or performance or any other uses by you in any form or manner whatsoever. You shall not remove any copyright trademark and other proprietary information and/or notices on the Platform and/or its content.
1.6. TUTNOD reserves the right in its sole and absolute discretion, at any time, with or without notice to you, to change, modify, add to, terminate or discontinue, with respect to any individual user or all users, the Platform, Services and/or associated services, information, content or technical specification. TUTNOD will bear no responsibility or liability of any kind to you directly or indirectly for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.
2.1. For the purpose of these Terms, capitalized words shall have the meaning set forth in these Terms unless otherwise stated.
- Affiliate means a legal entity which controls, is controlled by or is under the same control as TUTNOD including parent companies and subsidiaries.
- Items means individually or collectively the luxury/designer clothes and/or accessories listed on the Platform by a Supplier, including those listed and fulfilled by TUTNOD.
- House Items means those Item(s) that are listed and supplied by TUTNOD on the Platform.
- Order means the act of placing a rental request on the Platform.
- Order Form means an electronic or physical form in triplicate which indicates the condition of an Item(s) collected from a Supplier and delivered to a Renter. The Supplier and Renter must each keep a copy of the relevant Order Form in respect of an Order.
- Personal Information means information relating to you by which you may be identified and includes your name, date of birth, physical address, financial information, billing address, email address and phone number.
- Platform means the TUTNOD rental marketplace accessible through our Website and other mobile applications or other tools, software or devices.
- Rental Period means the period in calendar days for which a Renter has selected to rent an Item(s) and shall include the number of calendar days by which the Rental Period is extended upon the request of the Renter as approved by the Supplier and TUTNOD;
- Renter means a person who is registered as a member on the Platform and rents Item(s) listed on the Platform.
- Representative means an employee of TUTNOD responsible for coordinating the pick-up of Item(s) from the Supplier, the delivery of Item(s) to the Renters and conducting an inspection of Item(s) to determine and record the condition of each Item at the time of pickup and/or delivery.
- Services mean the services provided by TUTNOD through the Platform, Website and/or App.
- Supplier means a person who is registered as a member on the Platform and lists luxury Item(s) on the Platform for rent.
- Vacation Mode means making a listed Item unavailable for renting during a defined period.
2.2. The expression “including” means including without limitation or prejudice to the generality of any proceeding description, defining terms, phrase or word(s) and include shall be construed accordingly.
3. Your License under the Platform:
3.1. TUTNOD hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty free, and revocable license to access and use this Platform for your personal, non-commercial purposes, subject always to these Terms.
3.2. Subject always to these Terms, TUTNOD further grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty free, revocable license to download, install, access and use a copy of its App on a mobile device that you own or control solely for your own personal, non-commercial purposes. Furthermore, and subject to your access to the App through or downloaded from the Apple, Inc. (Apple) application store, your use of the App must comply with the Apple Media Services Terms and Conditions as may be modified from time to time. You may notify Apple of any failure of the App to conform to any applicable warranty and Apple will refund the purchase price of the App (if any) to you to the extent permitted by applicable law. Any other claims, losses, liabilities, without limitation shall be governed solely under these Terms. These Terms are solely between you and TUTNOD.
3.3. You shall not and/or you shall not allow or permit any person to reverse-engineer, decompile, disassemble, translate, derive the source code, algorithms, file formats or interface protocols for and/or interfere with the Platform or any part of it thereof or introduce into the Platform any viruses, worms, Trojan horses and/or other harmful codes. TUTNOD reserves the right to immediately deny you access to the Platform, or any portion of it without notice for the breach of these Terms. Termination or restricting of your access to the Platform does not limit TUTNOD’s right to seek other legal remedies against you.
4.1. The Agreements constitute the legal arrangement between TUTNOD and you as a user of the Platform and the Services, irrespective of whether you act as a Supplier or Renter or both. The Agreements do not create a contract between any Supplier and any Renter that may rent Items from such Supplier.
5. How to use the Platform:
5.1. The Platform provides a marketplace for users to list and rent luxury fashion Item(s).
5.2. Only persons who are registered on the Platform can access the Services provided by the Platform including but not limited to having all accesses available to a visitor to the Platform, listing Items on the Platform for rent, placing an Order to rent Items listed on the Platform and providing reviews about the Services, Suppliers, Renters, and listed Items.
5.3. There is no obligation on TUTNOD to register any person who seeks to register an account on the Platform. TUTNOD may accept or reject any registration in its sole and absolute discretion and without obligation to provide a reason for its decision. TUTNOD shall decline the registration, use and/or access to the Platform and/or Services to any user that is subject to or located in regions subject to national and international sanctions. TUTNOD may also, at any time and without the obligation to provide notice, deactivate a registered account where the registered owner of the affected account has breached any of these Terms or becomes subject to any applicable restrictions.
5.4. Suppliers list one or more Items on the Platform by uploading the images and description of the Items available for rent. Suppliers must deactivate listed Items on their account so that such Items are not visible on the Platform if such Items will be unavailable during a given period. Suppliers can reactivate and make the Items visible on the Platform at any time.
5.5. The content and information appearing and available on the Platform including without limitation, the description and specification of Items, the photos, and reviews are provided “as is” and are to be used for general information purposes only. Nothing provided within the Platform constitutes professional advice or service.
6. Registering a TUTNOD account and profile:
6.1. When you register for an account on the Platform, we will ask you to provide certain Personal Information, and create a username and password. You represent and warrant that the information you provide to us is true and accurate and you will maintain the accuracy of the information by keeping it up to date as necessary. You acknowledge that you are responsible for every activity, transaction or Services you request on and through your account. You further acknowledge that you are responsible for keeping your password and details of your account confidential and for protecting your account from unauthorized access and use.
6.2. In addition to the above, where you register through your Facebook or Google account, you authorize us to receive your Personal Information available on your Facebook or Google account.
6.3. You must promptly inform us if you know or have reasonable reason to believe that your account has been accessed by an unauthorized user.
6.4. If you wish to deactivate or delete your account, please contact our customer support at email@example.com.
6.5. It is a condition of your access to the Platform that you authorize TUTNOD to access your account to provide relevant customer support to you including to troubleshoot any problems you may have on the Platform and take all actions necessary to protect your use, your Personal Information, the Platform, the Services and/or other users on the Platform.
7. Supplier’s Items:
7.1. Items uploaded by the Supplier to be listed on the Platform will be listed in the order in which the Items are approved for publication by TUTNOD. TUTNOD will endevour to publish an uploaded Item within an hour of the Item being uploaded, subject to the Supplier complying with the listing guidelines. While the Supplier reserves the right to determine the rental price for their Items, TUTNOD may provide guidance to the Supplier on prevalent market rate in respect of similar Items listed on the Platform.
7.2. TUTNOD will endevour to contact the Supplier as soon as reasonably possible if any Item uploaded on the Platform does not meet relevant specifications. If TUTNOD does not approve an Item, TUTNOD will make reasonable effort to give reason(s) for the non-approval.
7.3. If an Item listed by a Supplier will not be available during a period, Supplier must make the Item unavailable through their account. Items made unavailable will not be visible on the Platform for the period it is made unavailable. An Order placed on a Supplier’s Item is contractually binding on the Supplier. Please refer to the FAQs on how you can make Items unavailable on the Platform.
7.4. In the event that a Supplier will be unavailable to supply a listed Item for a set period, the Supplier must place the relevant Supplier’s account on Vacation Mode and disable the ability for users to place Orders on the Supplier’s listed Items. Placing the account on Vacation Mode will restrict Orders being placed on Items listed by the Supplier until the Supplier disables the Vacation Mode status on the account. Please refer to the FAQs on how you can enable and disable Vacation Mode on your account.
7.5. Suppliers will receive notifications for Orders placed on their listed Items. TUTNOD will make arrangements for the pick-up of the Ordered Item(s) from the Supplier and the delivery of the same to the Renter(s).
7.6. TUTNOD shall be entitled to thirty percent (30%) of the Net Rental Fee paid by a Renter, with the balance paid to the Supplier. As used herein, Net Rental Fee means the total rental fee of an Item less dry cleaning, delivery and insurance expenses (together the Rental Expenses). Where applicable, a Value Added Tax (VAT) will be included in the total rental fee and charged to the Renter.
7.7. Where TUTNOD incurs other expenses beyond the Rental Expenses in connection with a rental, for example, where TUTNOD takes steps (as agreed with the Supplier) to put an Item in suitable and acceptable usable condition for rental, such expenses will be passed to the Supplier and deducted from the Supplier’s portion of the Net Rental Fee.
7.8. TUTNOD will release the balance of the Net Rental Fee to the Supplier within five (5) working days after the relevant Item has been recovered from the Renter. Where a Rental Period has been extended on the request of the Renter, subject to the approval of the Supplier, TUTNOD will release the sum due to the Supplier, in respect of the initial Rental Period, within five (5) working days of the end of the initial Rental Period.
7.9. If an Item that has been Ordered is unavailable for rent, the Supplier must confirm the unavailability of the Item to customer support at firstname.lastname@example.org no later than one hour after receipt of the rental Order notification.
7.10. TUTNOD may at its sole and absolute discretion, suspend or deactivate a Supplier’s account who regularly confirms the unavailability of Items which are otherwise showing on the Platform as available for rent.
7.11. A Representative will, at the agreed time and location, receive the Item(s) from the Supplier, complete the Order Form with the Supplier, deliver the Item(s) to the Renter, and obtain an acceptance of the Item(s) from the Renter.
8. Placing a rental Order:
8.1. Renters can place an Order to rent an Item by:
- searching though the listed Items on the Platform,
- selecting one or more Items for rent,
- selecting the Rental Period,
- selecting the rental dates, and
- going through the checkout process on the Platform.
8.2. TUTNOD may limit the number of Items a Renter may rent at a given time, including restricting the number of Orders placed under a single customer account, credit card or to a shipping address.
8.3. When the Renter has checked out an Order, the Item(s) will become unavailable on the Platform for the dates selected by the Renter and the Platform will send a rental notification to the Supplier of the checked-out Items.
8.4. The Renter agrees that the Renter is responsible for the rented Item(s) and undertakes to take all due care of the Item(s) in a manner consistent with a careful and conscientious owner of the relevant Item(s). The Renter accepts all associated risks with respect to each Item rented from and including the time when the Renter takes delivery of the Item until the Item is received by TUTNOD at the end of the Rental Period. The use of any Item shall be limited exclusively to the Renter or a third-party for whom the Renter has expressly notified TUTNOD will use the Item. No other person may use the Item.
8.5. A Renter may, at any time prior to the end of the Rental Period and in all cases, at least 24 hours before the expiration of the Rental Period and before a pick-up is arranged, request an extension of the Rental Period. A request for extension is subject to an acceptance by the Supplier and the prepayment of fees applicable for the extension of the Rental Period.
8.6. If the extension is accepted by the Supplier, the period of the rental will be extended, provided that a prior Order has not been placed in respect of the Item and for the same Rental Period by another registered user on the Platform. The Renter hereby authorizes TUTNOD to charge the Renter’s payment card on file in respect of an extended Rental Period.
8.7. Except at the sole discretion of TUTNOD, extension of a Rental Period will not be available to Renters who have used cash on delivery as means of payment for their rental.
8.8. Notwithstanding the Supplier accepting to extend the Rental Period, TUTNOD reserves the right to reject a request for extension for any reason, including but not limited to, where the Renter’s payment is not made or cannot be processed in respect of the requested extension.
8.9. An Order placed by the Renter on the Platform is contractually binding on the Renter. TUTNOD is not obliged to accept any Order and retains absolute discretion as to whether an Order shall be fulfilled, regardless of whether the relevant Supplier has agreed to the rental.
8.10. The Supplier shall, at all times during the Rental Period, remain the owner of any Item rented.
9. Cancelling an Order:
9.1. Renter may cancel an Order placed on the Platform any time before scheduled pick-up from Supplier and/or delivery to Renter is made. Renter will be entitled to a 100% refund of prepaid Rental fees if the Order is cancelled within an hour after it was placed, provided that the Rental fee has been pre-authorized through the Renter’s payment method.
9.2. A cancellation done later than one hour after the Order is placed may be subject to administrative charges unless otherwise determined at TUTNOD sole and absolute discretion.
9.3. Cancellation of Order after the pick-up and delivery process are initiated will be subject to a refund of prepaid fees less 20% administrative charges. In addition, the Renter will be liable for any delivery cost incurred by TUTNOD.
9.4. Where TUTNOD allows cash on delivery (COD) payment option on a Renter’s account, TUTNOD reserves the right to restrict a Renter’s option to pay by COD where Renter cancels a rental Order after subjecting TUTNOD to administrative costs.
9.5. Refunds will be made through the same method of original payment. TUTNOD has no control in determining the time taken to execute a refund to your bank account by payment gateways and banks.
10. Pick-up and Delivery:
10.1. TUTNOD will be responsible for the pick-up of rented Item(s) from the Supplier for delivery to the Renter and the subsequent pick-up of rented Item(s) from the Renter at the end of the Rental Period for delivery to the Supplier.
10.2. Subject to availability, TUTNOD will endevour to deliver the Item(s) no later than one day before the start of the relevant Rental Period, provided that the rented Item(s) have been supplied by the Supplier for delivery to Renter.
10.3. TUTNOD shall use all reasonable endevours to promptly notify the Renter of the unavailability of any Item ordered. The Renter shall in this case be entitled to choose another Item as a replacement of the unavailable Item. Otherwise, the Renter shall be entitled to a full refund of fees paid with no further liability against TUTNOD.
10.4. Where a replacement Item is of a greater value than the unavailable Item, Renter shall be liable to pay the difference in the rental rate as applicable. If the replacement Item is of a lower value than the unavailable Item, TUTNOD will credit the Renter for the difference in the rental value as applicable.
10.5. A Representative will contact the Supplier and Renter to arrange suitable location, date and time for the pick-up and delivery respectively of the rented Item(s). Any changes to the time, date and/or location agreed with the Representative must be communicated to TUTNOD through our customer support at email@example.com no later than 3 hours before the agreed pick-up time.
10.6. A day before the end of the Rental Period, a Representative will contact the Renter to agree on a time and location for the pick-up of the rented Item(s). Any changes to the time and/or location agreed with the Representative must be communicated to TUTNOD through our customer support at firstname.lastname@example.org no later than 3 hours before the agreed pick-up time.
10.7. TUTNOD does not make deliveries to P. O. Box addresses. All delivery must be signed for by the Renter or a third-party on behalf of the Renter upon the Renter’s express authorisation. TUTNOD will not be liable for any delays and/or costs arising from the failure of the Renter to receive the Item(s) at the agreed time, date, and place of delivery.
10.8. Nothing in these Terms shall restrict TUTNOD from using shipping/delivery partners to provide pick-up and/or delivery Services. TUTNOD may change shipping/delivery partners from time to time at our discretion and without notice.
11. Inspecting rented Items:
11.1. TUTNOD will conduct an inspection of each Rented Item together with the Supplier and the Renter at the time of pick-up and delivery of the relevant Items. Our Representative will refuse to accept any Item from a Supplier if our Representative in her/his sole discretion determines that the Item is not in a suitable or usable condition, including if the Item is dirty, stained, soled, ripped, visibly old and worn and/or has unpleasant odour.
11.2. Our Representative will have the discretion to determine if an Item is not in a suitable or usable condition at the time of pick-up from the relevant Supplier, may be put into a suitable or usable condition prior to delivery to the Renter. In this case, our Representative will determine whether, for example, an Item(s) which is wrinkled, soled, stained, or ripped, etc. can be pressed, cleaned, or fixed, etc. before the Item is due to be delivered to the Renter. If our Representative determines that the Item can be put into a suitable or usable condition prior to the Item being due for delivery to the Renter and accepts the Item(s) from the Supplier on the basis of this determination, the Supplier agrees that all costs incurred by TUTNOD in putting the Item in a suitable or usable condition for rent will be deducted from the Supplier’s portion of the Net Rental Fee due to be received by the Supplier. The Supplier undertakes to reimburse TUTNOD if the cost of putting any Item into a suitable or usable condition for rent exceeds the Supplier’s portion of the relevant Net Rental Fee.
11.3. TUTNOD will be entitled to suspend or deactivate a Supplier’s account where Items rented from the Supplier are repeatedly rejected by our Representative or the Renter on various grounds including that (i) the Item is not in a suitable condition for rent, (ii) the Item is not the same as was listed on the Platform, (iii) the Item received from the Supplier materially differs from the Item listed on the Platform, or (iv) a Renter rejects the Item on the grounds that the condition of the Item as stated on the Order Form does not accurately represent the condition of the Item delivered to the Renter. TUTNOD shall immediately deactivate a Supplier’s account where it has determined (at its sole and absolute discretion) that the Item(s) supplied for rent by the Supplier is a fake or a replica.
11.4. At the end of the Rental Period, the TUTNOD Representative will, along with the Renter, conduct a thorough check of the Item(s) using the Order Form accepted by the Renter at the time of delivery. Other than the cleanliness of the Item(s) and/or other normal wear and tear, the Renter is responsible for returning the Item(s) in the same condition as the Renter received the Item(s). The Order Form must be signed by the Renter and returned with the Item(s). Normal wear and tear include minor stains that can be cleaned easily, minor rips that can be hemmed, a few missing beads or sequins, broken zippers that can be easily replaced, missing non-decorative button that can be easily replaced or other minor damages as determined by TUTNOD. Normal wear and tear are covered by insurance.
11.5. Supplier and Renter agree that they are obliged, at all times during the pick-up and delivery of Items, to carefully, along with the Representative, conduct a thorough check of the relevant Items and indicate their acceptances of the condition of the Items on the Order Form.
11.6. Unless otherwise indicated on the Order Form, Items are deemed as having been delivered to the Supplier or Renter or to a third-party authorized by the Supplier or Renter (as the case may be) in good order and condition, clean and without any damage other than that which was previously known to, and accepted by, the Supplier or Renter.
12. Renter’s right to reject an Item at delivery
12.1. The Renter is not obliged to accept the delivery of an Item if the Item delivered materially differs from the Item listed on the Platform and/or the condition of the Item as stated on the Order Form does not accurately reflect the condition of the Item delivered. The Renter understands that an acceptance of an Item and the Order Form “as is” is an acknowledgement that the Renter received the Item in the condition stated in the Order Form.
12.2. If a Renter refuses to accept an Item on the ground that (i) the Item is not the same as the Item listed on the Platform, (ii) the Item materially differs from what was listed on the Platform, or (iii) the condition of the Item as stated on the Order Form does not accurately represent the condition of the Item delivered, our Representative will document the specific reason for non-acceptance on the Order Form.
12.3. Any Item that has been rejected by the Renter on any of the above grounds shall be returned to the Supplier and the Order will be recorded as a failed Order against the Supplier.
13.1. A Renter may refuse to accept an Item on the ground that the Items does not fit or suit the Renter. If the Item does not fit or suit the Renter, the Renter must, within four (4) hours of the Item being delivered to and accepted by the Renter, notify customer support at email@example.com of the intention to return the Item. The rejected Item must be returned unworn, unwashed, unscented (no perfume or other scents), no human, animal or other hair, no rips or tears, no other signs of being worn and with all original packing and hangers included.
13.2. The Renter will be entitled to a replacement of the rejected Item by selecting another Item on the Platform. Additional fees may apply where the replacement Item is greater in value than the returned Item.
13.3. Otherwise, TUTNOD will issue a refund of the rental fee paid by the Renter provided that the rejected Item has been returned unworn by the Renter (other than for trial purposes) and our customer support was notified of the Renter’s intention to return the rejected Item within four (4) hours of the Item being delivered to and accepted by the Renter. Receipt of refund may take a couple of days and is dependent on the payment gateway used to process the refund.
13.4. The Renter acknowledges that in delivering an Item to the Renter, TUTNOD may incur certain operational and logistical costs. TUTNOD will be entitled to suspend or deactivate a Renter’s account where a Renter refuses to accept delivery of an Item for no justifiable reason.
13.5. Notwithstanding the above, the Renter acknowledges and agrees that Items may appear different in colour and detailing and fit than as displayed on the Platform.
14. Returning rented Items:
14.1. The Renter is contractually obligated to return rented Item at the end of a Rental Period in the packaging provided by TUTNOD. A day before the end of a Rental Period, our Representative will contact the Renter to arrange a time and place for the pick-up of the Item. At the time of pick-up, our Representative will conduct an inspection of the Item, as described above, along with the Renter and record the condition of the Item on the relevant Order Form.
14.2. If a Renter is unable to return the rented Item due to the Item being lost or stolen, the amount in damages suffered by Supplier and/or TUTNOD becomes immediately payable by the Renter on demand.
14.3. A failure by the Renter to return an Item at the end of the Rental Period shall constitute illegal possession of the relevant Item. TUTNOD reserves the right to use every legal means available to ensure the return of the relevant Item. The Renter shall bear all costs incurred by TUTNOD in recovering any unlawfully retained Item from the Renter. TUTNOD will charge the Renter the Default Rental Price for the relevant Item for each day that the return of the Item to TUTNOD is delayed, up to a maximum of twenty (20) days. Thereafter, if the Item is not returned, TUTNOD may at its sole discretion: (i) elect to commence proceedings against the Renter to recover the Item, or (ii) charge the Renter’s account for the full retail price of the Item at the prevailing market value, after which the Renter will be entitled to keep the relevant Items. You hereby authorize TUTNOD to charge to your account the amount due and payable in respect of delayed return or failure to return any Item.
14.4. As used herein Default Rental Price means in respect of any unreturned Item, an amount representing 2.5 times the daily rental charge specified in the Order Form applicable to such rented Item.
15. Cleaning and returning of Item(s) to Supplier:
15.1. TUTNOD partners with reputable, specialist cleaning service providers to ensure that all Items are properly cleaned, sanitised, steamed and pressed (if applicable) before Items are returned to the Supplier.
15.2. Our Representative will take the Items to our cleaning partner including dry-cleaners and leather cleaner upon receiving an Item from the Renter. Suppliers should expect to receive the rented Items no later than 2 days after the end of the Rental Period. Our Representative will arrange a time and location for the delivery of the Items following the cleaning of the Items. The Supplier along with our Representative will conduct a thorough check of the Items against the Order Form signed by the Supplier at the time of the rental. Supplier shall sign off the Order Form once the Item is deemed acceptable.
15.3. The Supplier understands that an acceptance of an Item and the Order Form is an acknowledgment that the Item was received in the condition stated in the Order Form.
15.4. TUTNOD takes great care and diligence in selecting and appointing cleaning partners for rented Items and ensures that such Items are cleaned with utmost care. TUTNOD shall not be liable for any health-related complaints associated with any Item arising from the cleaning process.
16. When an Item is damaged, lost or stolen:
16.1. A Renter is responsible for returning the rented Items in the same condition as it was when the Renter received the Items. Renter hereby acknowledges and agrees that she is responsible for her actions and omissions and those of any third party whom they allow access to the Items.
16.2. In the event of an Item being damaged, lost or stolen, the Renter shall immediately or as soon as reasonably possible, but in all instances, no later than 24 hours after the occurrence of the incidence, notify TUTNOD of the incident leading to the damage, loss or theft of the relevant Item. If requested by TUTNOD, the Renter shall cooperate with TUTNOD in reporting the damage, loss and/or theft of the relevant Item to the relevant law enforcement authorities.
16.3. The Renter will cooperate with any investigation into the damage, loss and/or theft of the relevant Item including investigation by insurer and/or in instituting and prosecuting a claim or action relating to the damage, loss or theft of the relevant Item. If the Item is rented by the Renter on behalf of a third-party, the Renter shall procure the cooperation of the third-party in accordance with this section.
16.4. Renter shall be liable for the cost of replacing any damaged, lost or stolen Item, including all costs and/or expenses incurred by TUTNOD in respect of recovering such Items. In the event that TUTNOD has determined, on the advice of reputable artisans, that a damaged Item is capable of being repaired, the cost of repairing the damaged Item will be borne solely by the Renter. In all cases of damaged, lost or stolen Items, the Renter will be liable to pay the full cost of replacing the relevant Items as applicable, at the prevailing market value. TUTNOD may, but shall not be obliged to, use commercially reasonable efforts to resolve any disputes regarding such damages.
16.5. Amount recovered from a Renter or a third party on behalf of a Renter as compensation or payment for a damaged, lost or stolen Items will be paid to the Supplier. TUTNOD shall be entitled to deduct any amount incurred by TUTNOD in the recovery of such payment.
17. Communicating with you:
17.1. TUTNOD will communicate with you, using one or more methods including emails, SMS text messages, App push notifications and/or calls, in respect of the Services we provide including for the purposes of confirming your Order, updating you on your Order status, facilitating authentications, and providing all other information relevant to the Services we provide to you. You hereby acknowledge and agree to receive all such communications from us. Please note that applicable telecommunication and/or internet data services charges may apply to you. Other than promotional communication which you may opt to stop receiving, you may not opt out of transactional communications while using any of the TUTNOD Services.
18. General guidelines:
18.1. By visiting and using the Website, accessing and using the App and/or the Platform, you hereby undertake to comply with these general guidelines:
- You will comply with all laws applicable to TUTNOD and/or you in your use of the Website, App and/or Platform. You will not use the Website, App and/or Platform for any unlawful purposes;
- As a Supplier, you will list only Item that you own or have received the owner’s express authority or right to list;
- As a Supplier, you will list only authentic designer Item on the Platform. You will not, under any circumstances, list Item that you know and/or have reasonable reason to believe, or suspect to be fake, counterfeit or replicas, and/or have reasons to doubt its authenticity. If you list counterfeit Item, TUTNOD will immediately suspend or deactivate your account and block your access to the use of the Website, App and/or Platform. In addition, TUTNOD will be entitled to take all other legal actions that are accessible to us against you;
- As a Supplier, you will not list Item with false, misleading and/or inflated prices;
- As a Supplier, you will provide true and accurate description of every Item listed by you and when any Item listed by you is rented, you will supply that Item so listed and will not pass off another Item as the listed Item. You will ensure that any Item supplied by you matches the Item listed by you.
- As a Supplier, you will indicate the true and accurate condition of your Item on the Order Form and will not provide an inaccurate representation of any Item on the Order Form;
- As a Supplier, you will comply with TUTNOD’s pricing guidelines (if any) in determining the price of the Item you list;
- You will not contact or attempt to contact a Supplier or Renter outside of this Platform for the purpose of arranging or completing a rental transaction which was initiated on the Platform, offline in order to evade paying TUTNOD for the use of the Platform. You understand that you carry all the risks and will not avail any remedy that may otherwise be available to you in respect of any transaction conducted outside the Platform. TUTNOD will immediately suspend or deactivate your account and block your access to the use of the Website, App and/or Platform;
- You will not access or use the Platform to collect market research/data for use for a competing business and/or in a manner that will be detrimental to TUTNOD;
- You will use the Website, App and/or Platform for the purposes set forth in the Agreements. You undertake not to use the Platform to engage in any commercial activities without limitation.
- Your listings including images and/or descriptions uploaded on our Platform are proprietary to you or the person authorizing you to list them. They must neither infringe without limitation any third-party copyrights, trademark, publicity rights and proprietary rights, nor disclose sensitive information about a third-party including the third-party’s phone number, email address, billing address, delivery address, financial information or any other similar information;
- Your reviews and/or listings must be a true and accurate description of your experience. They will not, without limitation, be false, malicious, threatening, tortious, defamatory, libellous, indecent, obscene, pornographic, invasive of another’s privacy or promote violence. TUTNOD will be entitled to take appropriate legal actions that are available to it against you in respect of the same.
- You may like certain Suppliers or Renters as favourites but you may not stalk or harass any person on the Platform.
- You will not use any robot, spider, scraper, or other automated means to access the Website, the App and/or the Platform for any purpose without our express written permission; provided, however that our approval to grant operators of public search engines permission to use spiders to copy materials from the public portions of the Website, the App and/or the Platform is limited to the sole purpose of and only to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not, either by yourself or by permission/through access given to any third party, reverse-engineer, decompile, disassemble, translate, derive the source code for, interfere with the Platform or any part of it thereof;
- You will not, whether during registration, providing a review, or in the course of using the Platform without limitation, impersonate any person or entity or otherwise falsely represent your affiliation with such person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Website, App and/or Platform through the use of any virus, device, information collection or transmission mechanism, software, or access or attempt to gain access to any data, files or passwords relating to the Services through hacking, data mining or any other means.
18.2. TUTNOD, in its sole and absolute discretion, and without notice to you, reserves the right to change or remove or request you to change or remove any content or information from your profile that does not adhere to these guidelines, and/or are deemed offensive. TUTNOD may suspend or deactivate your account and/or deny you access to the Website, App and/or Platform or any portion of the Website, App and/or Platform. The rights available to TUTNOD under this section shall not limit or exclude TUTNOD’s right to seek additional legal remedy against any misuse of the Platform and the Services including obtaining injunctions where relevant, in respect of any action(s) that violate these guidelines.
19. Sale of Items on the Platform:
19.1. TUTNOD may, periodically, sell House Items by carrying out sales on the Platform. TUTNOD will notify users through email communication or other forms of notifications of such sales. TUTNOD will, at its discretion, determine the prices of such sale Items. Sale prices as shown on the Platform will include applicable taxes and delivery charges.
19.2. Suppliers who wish to sell their Items on the Platform must notify TUTNOD of their intention to do so. Suppliers reserve the right to determine the sale prices of their Items. TUTNOD shall be entitled to twenty percent (20%) of the sale price of Items sold through the Platform, representing administrative fees in respect of such sold Items.
19.3. The Supplier may alter the sales price or availability of the Items listed for sale at the Supplier’s discretion, after providing TUTNOD with reasonable prior written notice.
19.4. Notwithstanding the above, you may at any time notify TUTNOD of an interest to purchase Items listed on the Platform. TUTNOD shall have the sole and absolute discretion to determine whether to sell any Items that are House Items.
19.5. All participants in our sales acknowledge that Items placed on sale may have been previously rented and worn by others and may not be new. All sales under the Platform are final without a right of refund or exchange, are sold “as is” and without any warranty. TUTNOD undertakes to ensure that Item(s) sold on the Platform are properly cleaned before they are delivered to the buyer.
19.6. You hereby authorised TUTNOD to charge your credit card or other acceptable payment methods for the purchase price immediately upon your purchase.
20. Your content:
20.1. The content you post, upload, create on and/or transmit through the Platform including without limitation images and description of Item listed by Suppliers, other images posted by persons reviewing rented Item, links, feedbacks, and reviews provided by Renters or Suppliers, may be publicly accessible to any person visiting the Platform. You acknowledge and agree that there are no confidentiality or privacy obligations with respect to your content on the Platform and/or information that you make available through the Platform. You are solely responsible for your content.
20.2. You retain all copyrights and intellectual property rights in and to your content. You hereby grant to TUTNOD a perpetual, world-wide, non-exclusive, transferable, sublicensable, royalty free, irrevocable license, (in whole or in part) to, at its absolute discretion, use, copy, reproduce, display publicly, exhibit, distribute, compile, record, modify, combine with other content, synchronize, transmit, translate, format, publicly perform, exploit, create derivative works, and otherwise use your content, including your name, image, voice, likeness and/or other identifiable information, in whole or in part, in all media form and distribution methods, as reasonably necessary to provide the Services under the Platform without further notice to you.
20.3. You represent and warrant each time you provide your content on the Platform that the content represents content originally created by you or of which you have obtained the express authority of the original content creator to use, and that you have the necessary rights to grant the license to the content without the need for any permission from or payment to any person or entity, and that the use of the content by TUTNOD and/or any of our partners does not and will not constitute an infringement or misappropriation of a third party intellectual property rights.
20.4. All images, information, content uploaded by users are subject to pre-approval by TUTNOD prior to publishing.
21.1. Users who are registered on the Platform and have used any of the Services on the Platform are encouraged to review the Services and Platform including Suppliers or Renters. All reviews provided on the Platform are subject to pre-approval by TUTNOD. TUTNOD undertakes to not modify any review properly given and/or fail or refuse to publish reviews which are unfavorable to the Platform.
21.2. TUTNOD shall however be entitled to refuse (in its sole and absolute discretion) the publication of any review which (i) TUTNOD believes have been falsely given by a person who has not used the Services and/or Platform; (ii) contains content, information or materials that TUTNOD considers to be abusive, harassing, unlawful, harmful, threatening to any race, religion, gender, national origin or orientation, defamatory, offensive, pornographic, vulgar, obscene, hateful, lewd, racist, bigotry, profane, or prejudiced; (iii) do not directly relate to the Platform; (iv) TUTNOD reasonably believes to be suspicious as to introduce viruses, worms, Trojan horses and/or other harmful codes; (v) infringes, misappropriates or violates any intellectual property or other rights of any third party; (vi) promotes, solicits or participates in multi-level marketing or pyramid schemes or transmits unsolicited advertising, promotional material or any other form of soliciting; and/or (vii) violates our guidelines, and/or applicable laws or regulations.
22. Eligibility to use the Platform:
22.1. Only people aged 18 years and above are eligible to use the Platform. Any person under the age of 18 must refrain from using the Platform. By visiting, accessing and/or using the Platform, you represent and warrant that you are at least 18 years and therefore eligible to use the Platform.
23. Your Personal Information:
24.1. Your use and access to the Platform and the download and use of our App are free of cost. In addition, there are no fees attached to listing your Item(s) for rent on the Platform. Notwithstanding anything in these Terms to the contrary, TUTNOD reserves the right to, at any time and upon the giving of adequate notice, introduce fees and/or where applicable, increase fees for the use and access to our Platform and/or download and use of our App.
24.2. With regards to the prices at which Items are listed, TUTNOD reserves the right to request the Supplier to increase or decrease the price at which an Item is listed subject always to our pricing guidelines (if any) and/or prevailing market price for similar listed Items.
24.3. Rental fees are payable at the time an Order is made on the Platform unless TUTNOD agrees otherwise. Rental fees include the rental rate, delivery, insurance, cleaning charges and taxes as applicable. Renter agrees to pay the rental fees for Orders purchased by the Renter as indicated on the Platform and/or communicated to the Renter by TUTNOD in respect of the relevant Rental Period, including without limitation, fees for rental extension, delays in the return of Items, cost of replacing a damaged, lost or stolen Items, and/or costs incurred by TUTNOD in recovering or repossessing any Items or outstanding fees. Return of the rented Items before the end of the Rental Period does not entitle the Renter to pro-rated refund of the rental fees.
24.4. If Renter provides credit card details in respect of payments due for Services provided through the Platform, the Renter irrevocably authorizes TUTNOD to charge the card for payments in full through the chosen payment method, including without limitation, in respect of all rental extension, delays in the return of Items, cost of replacing a damaged, lost or stolen Items, and/or costs incurred by TUTNOD in recovering or repossessing the Items or outstanding fees. We use third-party payment gateways to process your payments for rented Items. You represent and warrant that you are the true owner or are authorized to provide and use the financial information and/or credit card and/or payment method details and that the information and/or details are accurate. TUTNOD may accept payment by cash for which cash handling charges may apply or through other approved payment methods such as PayPal. TUTNOD may also accept payment through Renter’s credits on account or points accumulated through our Reward loyalty program.
24.5. For your convenience, we may, at our sole discretion, provide our Services to you prior to receipt of payment. If we do not receive money due to us for Services provided to you or you institute a chargeback with your credit card provider for Services already provided to you, we reserve the right to institute collection procedures. You shall be liable to pay all monies owned by you to us and all costs incurred by us to recover any sum due including but not limited to legal fees. You further acknowledge and agree that all claims under this section are exempt from the arbitration arrangement set forth in these Terms.
25. Reward loyalty programs:
25.1. Suppliers will earn points for any of their Items that are rented and paid for (where no refund has been thereafter issued), rentals that are extended (where payment has been received with respect to such extension), referrals of Renters and Suppliers (at the point when the Renter and/or Supplier successfully rents or supplies Item) respectively through the Platform), and providing positive reviews on the Platform and other media platforms.
25.2. Renters earn points for renting and paying for an Item where no refund has been thereafter issued, extending a rental period (where payment has been received with respect to such extension), referring Renters or Supplier (at the point when the Renter and/or Supplier successfully rents or supplies Items, respectively, through the Platform), leaving positive review on the Platform and other media platforms such as Facebook, Instagram, or Google and posting and tagging TUTNOD on Instagram and/or Facebook posts wearing Items rented from the Platform.
25.3. The points that may be earned in respect of the defined categories are set out in the table below. Suppliers and Renters may redeem their rewards when they have accumulated a total of at least 2000 points.
|Renting and paying for your rental (no refunds processed)||100|
|Having your listed Item(s) rented (per Item)||10|
|Extension of rental period for both Renter and Supplier respectively||50/10|
|Refer a friend to be a supply or rent on the Platform (applies after the referral has supplied or rented)||100|
|Leaving a positive review on any platform e.g. Facebook, Instagram, Google||50|
|Sharing your picture on Instagram or Facebook wearing any Item(s) rented from the Platform and tagging us||50|
|Suppliers and Renter’s birthday||200|
25.4. Points are non-transferable and may not be redeemed for cash but can be used towards paying for rentals of House Items on the Platform. Supplier and/or Renters may also choose to redeem their rewards on services which TUTNOD may, in partnership with selected service providers, make available.
26. Using your reward points on the Platform:
26.1. The following conditions are applicable when using your reward points to purchase Items on the Platform:
- Points may not be combined with any other coupons or offers
- You may apply all or part of your points in one transaction. Unused/balance points will remain in your account for future use;
- You will receive the rental fee you paid (if any) for a rental you applied your points towards that is thereafter cancelled or exchanged Items;
- Points applied to all or part of a cancelled or exchanged Item are not refundable;
- Points cannot be applied toward the payment of sales Item on the Platform;
- Points can be applied toward payment of rented Items only. They cannot be applied towards the payment of any other Services or products provided through the Platform including the payment of applicable taxes;
- Your reward points are your responsibility. TUTNOD will not replace lost points or points used without your authorization.
26.2. TUTNOD reserves the right to, in its sole and absolute discretion, at any time, and without liability to you, modify and/or remove the categories and/or points under the reward loyalty program or the entire reward loyalty program, or the conditions for use of reward points with or without notice to you. In all matters relating to the administration of the reward loyalty program, TUTNOD’s decision will be final.
26.3. TUTNOD reserves the right to cancel your accumulated points or any part of it if you have violated any of these Terms or any applicable law, or earned the points through deceit, forgery, fraud, or abused the reward loyalty program. The reward loyalty program and/or points earned thereunder shall be cancelled immediately at the termination of the Agreements. Points earned in a suspended or deactivated account cannot be redeemed.
27. Communicating with TUTNOD:
27.1. You may communicate with TUTNOD by completing the contact us form on the Contact Us page, phoning our customer support on the numbers provided on the Contact Us page or by emailing us on firstname.lastname@example.org.
27.2. You agree that transmission of information, including electronic mail communication over the internet or other publicly accessible networks is inherently insecure and subject to possible interception, alteration, or loss while in transit. When you email us, please be mindful not to provide confidential information on your emails. TUTNOD shall not assume any liability for any damage, loss or costs that you may incur resulting from the transmissions of your personal information over the internet or other publicly accessible networks, including without limitation, transmissions involving the exchange of email with TUTNOD, that become subject to interception, alteration and/or loss.
27.4. You acknowledge and agree that TUTNOD reserves the right to use any idea, concepts, know-how, or techniques provided in your emails, feedbacks, questions, comments, suggestions and other communications without limitation for any purpose including the improvement, development, production, and marketing of our Services without any compensation to you.
27.5. TUTNOD takes your questions, comments, complaints, queries and/or request for information seriously and we will use reasonable efforts to respond in a timely manner.
28. Intellectual property:
28.1. The text, graphics, images, recording and other materials, trademarks, service marks and logos including the copyrights and intellectual property rights herein whether registered or not (collectively Materials) contained on the Website, App and Platform are provided by or on behalf of TUTNOD and owned by TUTNOD or a third party under license to TUTNOD and are protected from unauthorised copying and distribution under applicable intellectual property laws. Your visit, use and/or access to the Platform does not grant you any right to or in the Materials. The use of the Materials in any way, means, method or medium is expressly prohibited. You may not use or copy the Materials unless as provided under these Terms or unless you have sought and obtained prior written consent from TUTNOD or the appropriate third-party owner.
28.2. If TUTNOD or the appropriate third-party owner grants you consent to use any or part of the Materials, the consent shall, always, be limited to your personal use only. Your rights to the use of the Materials or any part thereof will be specifically stated in our notice of consent to you. You will not assume any other right or license. All goodwill resulting from the use of our Materials inures to our benefit.
28.3. The Material are protected under international copyright laws and TUTNOD shall use all means necessary including seeking injunctions and damages through legal action to stop and/or prevent the violation of this section in addition to the termination of your rights to use and access the Platform.
29. User’s representation and warranties:
29.1. Where you act as a Supplier, you hereby represent, warrant and covenant at all times during the use of the Platform that: (i) you own the rights and titles in the Items you list on the Platform or have the authority of the owner of the rights and titles in such Items to list them on the Platform; (ii) all Items listed by you on the Platform are authentic designer/luxury Items and you are not in doubt of the authenticity of any Item you list; and (iii) the Items you list are of excellent, suitable and useable condition and not defective.
29.2. Where you act as a Renter you hereby represent, warrant and covenant at all times during any Rental Period that: (i) you will care for all Items rented by you as if such Items were your personal property and in a manner reasonably consistent with a responsible and conscientious owner of such Items; (ii) you will not provide the rented Items to any other person or user without giving TUTNOD prior written notice: and (iii) you will return all rented Items at the end of the relevant Rental Period in accordance with these Terms.
29.3. All users hereby represent, warrant and covenant, at all times during the use of the Platform, that the information provided to TUTNOD are true and accurate.
30. User’s indemnity:
30.1. You shall defend, indemnify and hold TUTNOD, its affiliates, their directors, employees, business partners, and/or agent (collectively TUTNOD Parties) harmless against any claims, actions, losses, liability, or damages, including without limitation, legal fees, arising out of or resulting from(i) your breach of the Agreements; (ii) the misuse of the Platform and/or Materials; (iii) your content on the Platform including without limitation where your content infringes on third party intellectual property rights, or are malicious, fraudulent, and/or libelous and/or (iv) a third party claim resulting from your use of the Platform.
30.2 The Renter shall defend, indemnify and hold TUTNOD Parties harmless against all claims and/or actions instituted against TUTNOD arising out of or resulting from the damage, loss or theft of rented Item(s) under this Terms.
30.3. TUTNOD reserves the right to assume the sole defence and control of any matter subject to indemnification by you which shall not excuse your indemnity obligations.
31. TUTNOD’s disclaimed warranties/ limited and excluded liabilities:
31.1. TUTNOD will use all commercially reasonable effort to provide the Platform in accordance with best practices and standards. We will also use all commercially reasonable efforts to attempt the resolution of all problems that may occur between Suppliers and Renters on the Platform.
31.2. Notwithstanding the above, TUTNOD Parties do not endorse or recommend any Items, Supplier, Renters or contents, including House Items.
31.3. TUTNOD does not conduct a prior physical verification of the authenticity and/or condition of any Item at the time such Item is listed on the Platform. While TUTNOD takes all commercially reasonable efforts to ensure that only authentic Items are listed on the Platform, other than the House Items, TUTNOD does not guarantee that Items listed as authentic designer Items by a Supplier are in fact authentic. In the event that a Renter rents an Items which is suspected to be a replica or counterfeit, TUTNOD will take reasonable steps to (i) recover the relevant Item from the Renter to determine the accuracy of the claim (ii) where the Item has been determined to be a replica or counterfeit, return such Item to the Supplier; (iii) take steps to provide the Renter an alternative Item or otherwise, refund the rental fee; and (iv) determine what actions to take against the Supplier including without limitation, the suspension or deactivation of the Supplier’s account or restricting the Supplier’s further access to the Platform. Where an Item is found to be a replica or counterfeit, the return of the rental fee to the Renter represents the limit of any liability owed by TUTNOD to the Renter in respect of such replica or counterfeit Item.
31.4. You acknowledge and agree that the Platform acts merely as a listing marketplace where Suppliers and Renters meet to list and rent luxury Items. Other than for Items expressly fulfilled by TUTNOD, none of the TUTNOD Parties shall be liable for any Item listed and rented through the Platform, including without limitation any damage caused by Items rented through the Platform, including any bodily injury or death resulting from the use of Items rented through the Platform.
31.5. The Services, Platform and Items listed on the Platform are provided on an “as is” and “as available” basis without any warranty of any kind. TUTNOD expressly excludes and disclaims all warranties including without limitation, warranty of authenticity, good condition and title, merchantability, non-infringement of third-party intellectual property rights, fitness for purpose and any warranties arising from the use of the Platform and Services.
31.6. TUTNOD does not warrant that the Platform will at all times be without delay, omissions, error-free, or inaccuracies. In respect of all warranties, whether under contract or common law tort claims, express or implied, TUTNOD and/or the TUTNOD Parties shall not be liable for any direct, indirect, incidental and/or consequential loss, injury, claim, liability, damages, loss of profits, or loss of goodwill, including without limitation, legal costs, resulting from:
- your use of, or your inability to use, the Platform or any Item;
- loss of data or service interruption, unavailability of the Platform due to maintenance or malfunction of computer equipment, technical malfunction of any telephone network or lines, servers, computer on-line systems, internet service providers, software, or any combination thereof; or
- damages caused from exposure to viruses or other harmful components, damages to your and/or any other person’s computer or other devices as a result of using the Platform, or your use of any equipment or software in connection with the Platform, or other reason and/or its content, even if TUTNOD Parties have been advised of the possibility of such damages
31.7. You are advised to apply reasonable caution including without limitation the use of industry recognised software to detect and disinfect viruses on the Platform. You agree that the use of the Platform is solely at your risk.
31.8. Your sole and exclusive remedy and TUTNOD’s sole and exclusive liability to you for breach of the Agreements or any liability resulting from your use of the Platform and/or its content, and the Services, which cannot be excluded by law, shall be limited to a refund of the rental fee as determined by TUTNOD or to discontinue your use of the Platform and terminate the Agreements.
31.9. The Platform may contain technical inaccuracies or typographical errors or omissions. TUTNOD is not liable to you and/or any third party for such typographical, technical or other errors found on the Platform.
31.10. An Items shown as being available on the Platform may in fact, not be available when you want to rent or after you have processed an Order to rent it. We will make reasonable effort to notify you promptly of the unavailability of any Items you have ordered and provide you access to select alternative Items in accordance with the Agreements and without further liability to you (subject to variation in rental rates). We however reserve the right to make changes, corrections, and/or improvement to the Platform at any time without notice.
32. TUTNOD’s remedies for unlawful activities:
32.1. In the event of any violation or suspected violation of the Terms, the use of the Platform and/or the Services, TUTNOD reserves the right to, without limitation, report any suspected or known unlawful activities to law enforcement authorities, and/or seek all remedies available to it at law and in equities. The right to seek remedy shall not affect TUTNOD’s rights to terminate the Agreements with you, deactivate your account, and/or restrict or block your access to and use of the Platform.
33. External Sites:
33.1. Our Platform may contain links or references to third-party websites including third party products, services or other materials or content (External Sites) solely for your convenience. You access them at your own risks. These links, External Sites and their contents are not endorsed or approved by TUTNOD. TUTNOD does not control and/or is not responsible for the links, content and/or actions of External Sites; makes no representation regarding the content or accuracy of the content on External Sites and does not assume any liability for these links and/or their content. External Sites and their contents are developed, provided, controlled, and managed by third parties and are independent from TUTNOD. Your use of External Sites and their content will be governed by their relevant terms and conditions. We encourage you to take all reasonable precautions when accessing External Sites. If you have any concerns about the links and/or any of their content located on such External Sites, please contact the site administrators of the External Sites.
34. Compliance with applicable laws:
34.1. The Platform operates out of the United Arab Emirates (UAE). The Agreements, Platform and its Services are governed by and subject always to applicable UAE laws with no regards to any conflict of laws.
34.2. We make no representation concerning whether the Platform is appropriate or available for use outside the UAE. Access to the Platform or any part thereof from outside the UAE is entirely at your own risk. You are solely responsible for ensuring that wherever you access and/or use the Platform or any part thereof, you do so in compliance with the local laws applicable to you.
35. Dispute Resolution:
35.1. In the event of any dispute arising out of or in connection with the Platform and/or the Agreements, you agree that we shall, in good faith and sustained effort, seek an amicable resolution of the dispute.
35.2. If we are unable to amicably resolve the disputes between us, the dispute, including relating to the interpretation of the Agreements, concerning the performance of the Platform or concerning yours or TUTNOD’s rights and/or obligations, shall be referred to and finally resolved by Arbitration Division of the DIFC Courts and in accordance with the substantive law of the DIFC.
35.3. Nothing in the Agreements shall prevent TUTNOD from seeking injunctive relief in any court of competent jurisdiction as necessary to protect TUTNOD’s proprietary interests.
36.1. The term of the Agreements is for an indefinite period. Notwithstanding, you may at any time terminate the Agreements, deactivate your account and discontinue your use of the Platform by sending an email to customer support at email@example.com requesting that your account be deactivated. We will attempt to deactivate your account within one month of receiving your request. You acknowledge that your content may continue to exist and may be used on or through the Platform even after the deactivation of your account.
36.2. A request by a Supplier to terminate this Terms shall not in any way affect an Order concluded by a Renter in respect of the Supplier’s Items prior to receiving the termination request. Termination shall be deemed to take effect after all Orders in respect of the Supplier’s Items have been fulfilled and returned.
36.3. We may at our sole discretion, with or without notice and without liability to you, terminate the Agreements with you, deactivate your account and restrict your use of and access to the Platform or any part of it at any time and for whatever reason. We reserve the right to change, suspend, or discontinue any or all parts of the Platform at any time with or without notice and without liability.
36.4. A Renter shall be under obligation to immediately return Items rented by them upon the termination of the Agreements, whether termination is at TUTNOD’s or the Renter’s instance. Rented Items must be returned in accordance with these Terms and failure to return such Items immediately upon termination shall entitle TUTNOD to initiate recovery procedures as described under these Terms.
36.5. Termination shall not affect any accrued rights and/or obligations arising under the Agreements prior to termination. The sections on fees, intellectual property, your content, communication with TUTNOD, User’s representation and warranties, User’s indemnity, TUTNOD’s disclaimed warranties and excluded and limited liabilities shall survive the termination of the Agreements.
37. Contact us:
38.1. Unless we have expressly in writing waived our right and entitlement to act on or enforce any provision of the Agreements, TUTNOD’s failure or delay in acting on or enforcing any provision of the Agreements shall not be construed as a waiver of that provision or any other provision in the Agreements, or affect TUTNOD’s right to require the performance of that provision on a later date. No waiver shall be construed as a waiver in any other or subsequent instances.
38.2. TUTNOD will not be liable for or considered to be in breach of any of these Terms in the event that TUTNOD is unable to perform any of its obligations under these Terms as a result of a force majeure event; force majeure event being any event that is out of TUTNOD’s reasonable control including but not limited to acts of God, acts of any government, pandemics or epidemics, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labour disputes or controversies, acts of any third party provider(s) or other third party information provider(s), third party software, or communication method interruptions.
38.3. Your rights under the Agreements apply only to you and may not be assigned, transferred or sold to third parties.
38.4. The Agreements do not create or form a partnership, joint venture or agency relationship between you and TUTNOD.
38.5. TUTNOD may at any time modify, suspend or discontinue the Services and/or Platform for any reason. TUTNOD will use commercially reasonable efforts to notify you of material changes to the Terms by posting a notification on the Platform or through SMS text messages and/or emails to the address you provide to TUTNOD.
38.7. Any part of the Agreements which is declared invalid, unlawful, void or unenforceable by a court of competent jurisdiction shall be deemed severed. The rest of the Agreements not affected by such declaration shall continue to be binding in respect of the Platform and Services.
38.8. The headings on the Agreements are for convenience only and cannot be used for interpretation purposes.
38.9. The Agreements shall be provided in English language at all time and may be provided in other translations from time to time. In the event of a conflict in the provision of the English text and other translated texts (if any), the English language version shall always prevail.
38.10. The Agreements inure to the benefit of our successors, assigns, licensees and sub-licensees with or without notice to you.