Effective 31 August 2019
Thank you for visiting and using our website located at www.tutnod.com (Website) and/or online platform accessible through our mobile application (App) whether through your tablets, smart phones, and/or other devises (collectively our “Platform”). We aim to grant you access to a marketplace for listing and renting of designer luxury clothes and accessories, referred to hereafter as Item(s).
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. The most recent version will, at all time, be the version available on this page. We encourage you to regularly check this page for any changes.
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 this Platform. You shall not reproduce, copy, record, and/or transmit in any form and by any means whatsoever this 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.
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 shall use reasonable effort to provide notice as required. 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.
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.
- Item(s) 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 Item(s) 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 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 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 to lists luxury Item(s) on the Platform for rent.
- TUTNOD means the Limited Liability Company registered and licensed by the International Free Zone Authority of Fujairah and which owns, manages and operates the Platform.
- Website means the site found at www.tutnod .com.
- 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.
Your License under the Platform:
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 the terms and conditions of the Agreements.
Subject always to the terms and conditions of the Agreements, 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 mobile application (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 (“Apple App”), your use of the App must comply with the App Store’s Terms of Service. 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. All rights in and to the App not expressly granted to you under these Terms remain with TUTNOD
TUTNOD reserves the right to change the availability of any feature, functions, or content relating to the Platform at any time without notice or liability to you.
You shall not and 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 this section. Termination of your access does not limit TUTNOD’s right to seek other legal remedies against you.
The Agreements constitute the legal arrangement between TUTNOD and the Supplier and shall apply to the Item(s) listed by the Supplier on the Platform for rental purposes on the one hand and between TUTNOD and the Renter and shall apply to the Item(s) rented by the Renter through the Platform on the other hand. The Agreements do not create or seek to create a contract between the Supplier and the Renter.
How to use the Platform:
The Platform provides a marketplace for users to list and rent luxury fashion Item(s). The Platform, Website and App can be viewed by any person who visit or accesses the Website or App. A visitor to the Platform is not required to login to explore and view publicly available content on the website, contact us or make inquiries.
Only person who are registered on the Platform can access the Services provided under the Platform including but not limited to having all accesses available to a visitor to the Platform, listing Item(s) on the Platform for rental, placing an Order to rent Item(s) listed on the Platform and providing reviews about the Services, Suppliers, Renters, and listed Item(s).
There is no obligation on TUTNOD to accept every person who seeks to register 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 user that are 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.
Suppliers list Item(s) on the Platform by uploading the images and description of the Item(s) available for rental. Suppliers must deactivate listed Item(s) on their account so that the Item(s) is not visible on the Platform if such Item(s) will be unavailable during a given period. Supplier can reactivate and make the Item(s) visible on the Platform at any time.
The content and information appearing and available on the Platform including without limitation, the description and specification of Item(s), 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.
Registering a TUTNOD account and profile:
Any eligible person as set out in these Terms may register as a user on the Platform, create a profile and operate an account on the Platform to access the parts of the Platform which are restricted to registered users. During the registration process, we will ask you to provide certain Personal Information, and create a username and password. You may also wish to register through your Facebook or google account. By registering with your Facebook or google account, you hereby authorize us to receive your Personal Information available on your Facebook or google account. You represent and warrant that the information you provide to us are true and accurate and you will maintain the accuracy of the information by updating them 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.
You must promptly inform us if you know or have reasonable reason to believe that your account has been accessed by an unauthorized user.
If you wish to deactivate or delete your account, please contact our customer support at email@example.com.
You hereby 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.
Item(s) uploaded by the Supplier to be listed on the Platform will be listed in the order in which the Item(s) are approved for publication by TUTNOD. TUTNOD will endevour to publish uploaded Item(s) within an hour of the Item(s) being uploaded, subject to the Supplier complying with the listing guidelines. While the Supplier reserves the right to determine the rental price for their Item(s), TUTNOD may provide guidance to the Supplier on prevalent market price in respect of similar Item(s) listed on the Platform.
TUTNOD will endevour to contact the Supplier as soon as reasonably possible if any Item(s) 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.
If an Item(s) listed by a Supplier will not be available during a period, Supplier must make the Item(s) unavailable through their account. Item(s) made unavailable will not be visible on the Platform for the period it is made unavailable. An Order placed on a Supplier’s Item(s) is contractually binding on the Suppliers. Please refer to the FAQs on how you can make Item(s) unavailable on the Platform.
If a Supplier will be unavailable to supply listed Item(s) for rental for a set period, the Supplier must place her account on Vacation Mode and disable the ability for users to place Orders on their listed Item(s). Placing the account on Vacation Mode will restrict Orders being placed on Item(s) listed by the Supplier until the Supplier disables Vacation Mode on her account. Please refer to the FAQs on how you can enable Vacation Mode on the account.
Suppliers will receive notifications for Orders placed on their listed Item(s). TUTNOD will make arrangement for the pick-up of the Item(s) from the Supplier and the delivery of same to the Renter.
For every rental of the Supplier’s Item(s), including in the event of a rental extension, TUTNOD and Supplier shall be entitled to thirty: seventy percent (30%:70%:) of the net rental cost respectively; net rental cost being rental cost less expenses including dry cleaning, delivery, insurance and relevant taxes as applicable.
Where TUTNOD incurs other expenses in connection with the rental such as in the event that TUTNOD takes steps (as agreed with the Supplier) to put an Item(s) in suitable and acceptable usable condition for rental, such expenses will be passed to the Supplier and deducted from the rental cost due to the Supplier.
TUTNOD will release the sum due to Supplier within five (5) working days after the Item(s) has been returned from the Renter. .
Placing a rental Order:
Renters can place an Order to rent Item(s) by searching though the listed Item(s), selecting Item(s) for rental, selecting the Rental Period, selecting the rental dates and going through the checkout process.
TUTNOD may limit the number of Item(s) 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 .
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(s) of the checked-out Item(s) .
If an Item(s) that has been ordered is not available for rental, the Supplier must confirm the unavailability of the Item(s) to customer support at firstname.lastname@example.org no later than one hour after receipt of the rental notification.
TUTNOD may at its sole and absolute discretion, suspend or deactivate a Supplier’s account who regularly confirms the unavailability of Item(s) which are otherwise showing on the Platform as available for rental.
A Representative will, at the agreed time and location, receive the Item(s) from the Supplier, complete the Order Form with the Supplier, delivery the Item(s) to the Renter, and obtain an acceptance of the Item(s) from the Renter.
The Renter agrees that she is responsible for the rented Item(s) and undertakes to take proper care of the Item(s). The Renter accepts all associated risks with respect to the Item(s) immediately upon receiving delivery of the Item(s) until the Item(s) is returned to TUTNOD. The use of the Item(s) shall be limited exclusively to the Renter or a third-party for whom the Renter has expressly notified TUTNOD will use the Item(s). No other person is allowed the use of the Item(s). The Renter remains responsible and liable for the rented Item(s).
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 pre-payment of fees applicable for the extension of the Rental Period. If the extension is accepted by the Supplier, the period of the rental contract is extended. The Renter hereby authorizes TUTNOD to charge the Renter’s payment card in file in respect of the extended period. Where a cash payment is required, the extension will be subject to the receipt of the full payment for the extension.
Notwithstanding the Supplier accepting to extend the Rental Period, TUTNOD reserves the right to reject a request for extension on reasonable ground including but not limited to when payment is not made or cannot be processed in respect of the requested extension.
An Order placed by the Renter on the Platform is contractually binding on the Renter. TUTNOD’s obligation to fulfill an Order placed on the Platform shall be subject always to the availability of the Item(s), geographical concerns or other reasonable restrictions or limitations.
The Supplier shall, at all times during the Rental Period, remains the owner of the Item(s).
Cancelling an Order:
Renter may cancel an Order placed on the Platform any time before scheduled delivery is made to the Renter. The Renter shall be entitled to 100% refund of pre-paid 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.
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.
Cancellation of Order after pick-up and delivery process are initiated will be subject to a refund of pre-paid fees less 20% administrative charges. In addition, the Renter will be liable for any delivery cost incurred by TUTNOD.
Where TUTNOD allows cash on delivery (COD) payment option, TUTNOD reserves the right to restrict a Renter’s option to pay by COD.
Refund will be made through the same method of original payment. TUTNOD has no influence over how much time refund will be process through payment gateways.
Pick-up and Delivery:
TUTNOD shall 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.
Subject to availability, TUTNOD will endevour to deliver the Item(s) no later than one day before the start of your Rental Period, provided always that the rented Item(s) have been supplied by the Supplier for delivery to you.
TUTNOD shall use all reasonable endevour to promptly notify the Renter of the unavailability of any Item(s) ordered. The Renter shall in this case be entitled to choose another Item(s) as a replacement of the unavailable Item(s). Otherwise, the Renter shall be entitled to a full refund of fees paid with no further liability against TUTNOD.
Where a replacement Item(s) is of a greater value than the unavailable Item(s), Renter shall be liable to pay the difference in the rental rate as applicable. If the replacement Item(s) is of a lower value than the unavailable Item(s), TUTNOD shall credit the Renter for the difference in the rental value as applicable.
A Representative will contact the Supplier and Renter to arrange suitable location, date and time for the pick-up and delivery respectively of the 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.
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 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.
TUTNOD shall not make delivery 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 consent. TUTNOD shall not be liability 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.
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.
Inspecting rented Item(s):
TUTNOD inspects each Item(s) with great care and shall conduct an inspection of the Item(s) together with the Supplier and the Renter at the time of pick-up of the Item(s). Our Representative will refuse to accept an Item(s) from a Supplier if our Representative in her/his sole discretion determines that the Item(s) is not in a suitable or usable condition including Item(s) that are dirty, stained, soled, ripped, visibly old and worn and/or have unpleasant odour.
Our Representative shall have the discretion to determine if an Item(s) that is not in a suitable or usable condition at the time of pick-up, 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(s) is due to be delivered to the Renter. If our Representative determines that the Item(s) can be put into a suitable or usable condition prior to the Item(s) 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(s) in a suitable or usable condition for rental will be deducted from the amount due to be received by the Supplier from the rental price. TUTNOD will however, not incur any cost if TUTNOD thereafter determines that the cost of putting the Item(s) back into a suitable condition for rental will exceed the rental price.
TUTNOD shall be entitled to suspend or deactivate a Supplier’s account where Item(s) rented from the Supplier are repeatedly rejected by our Representative or the Renter on various grounds including that (i) the Item(s) is not in a suitable condition for rental, (ii) the Item(s) is not the same as was listed on the Platform, (iii) the item received materially differs from the Item(s) listed on the Platform, or (iv) the condition of the Item(s) as stated on the Order Form does not accurately represent the condition of the Item(s) delivered in the case of a rejection by a Renter. TUTNOD shall immediately deactivate a Supplier’s account where it is determined that the Item(s) supplied for rental by the Supplier is a fake or a replica.
At the end of the Rental Period, the TUTNOD Representative wil,l 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, broker 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.
Supplier and Renter agree that they are obliged, at all times during pick-up and delivery of Item(s), to carefully, along with the Representative, conduct a thorough check of the Item(s) and indicate the condition of the Item(s) on the Order Form .
Unless otherwise indicated on the Order Form, Item(s) are deemed as having been delivered to the Supplier or Renter or to a third-party authorized by the Supplier or Renter in good order and condition, clean and without any damage.
Renter’s right to reject an Item(s) at delivery
The Renter is not obliged to accept the delivery of an Item(s) if the Item(s) delivered materially differs from the Item(s) listed on the Platform and/or the condition of the Item(s) as stated on the Order Form does not accurately reflect the condition of the Item(s) delivered. The Renter understands that an acceptance of an Item(s) and the Order Form “as is” is an acknowledgement that the Renter received the Item(s) in the condition stated in the Order Form.
If a Renter refuses to accept an Item(s) on the ground that (i) the Item(s) is not the same as the Item(s) listed on the Platform, (ii) the Item(s) materially differs from what was listed on the Platform, or (iii) the condition of the Item(s) as stated on the Order Form does not accurately represent the condition of the Item(s) delivered, our Representative will document the non-acceptance and reason for same on the Order Form.
Any Item(s) that has been rejected by the Renter on any of the above ground shall be returned to the Supplier and the Order will be recorded as a failed Order against the Supplier.
A Renter may refuse to accept an Item(s) on the ground that the Item(s) does not fit or suit the Renter. If the Item(s) does not fit or suit the Renter, the Renter must notify customer support at email@example.com of the intention to return the Item(s) within four (4) hours of the Item(s) being delivered to and accepted by the Renter. The Item(s) must be returned unworn, unwashed, unscented (no perfume or other scents), no human, animal or other hair, no rips or tear, no other signs of being worn and with all original packing and hangers included .
The Renter will be entitled to a replacement of the Item(s) by selecting another Item(s) on the Platform. Additional fees may apply where the replacement Item(s) is greater in value than the returned Item(s).
Otherwise, TUTNOD will issue a refund of the rental fee paid by the Renter provided that the Item(s) has been returned unworn by the Renter other than for trial purposes and our customer support was notified within the defined time-frame. Receipt of refund may take a couple of day and is dependent on the payment gateway used to process the refund
The Renter acknowledges that in delivering an Item(s) to the Renter, TUTNOD has incurred certain operational and logistical costs. TUTNOD shall be entitled to suspend or deactivate a Renter’s account where a Renter refuses to accept delivery of a rental for no justifiable reason.
Notwithstanding the above, the Renter acknowledges and agrees that Item(s) may appear different in colour and detailing and fit than as displayed on the Platform.
Returning rented Item(s):
The Renter is contractually obligated to return rented Item(s) 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(s). At the time of pick-up, our Representative will conduct an inspection of the Item(s), as described above, along with the Renter and record the condition of the Item(s) on the relevant Order Form.
If a Renter is unable to return the rented Item(s) due to the Item(s) being lost or stolen, the amount in damages suffered by Supplier and/or TUTNOD becomes immediately payable by the Renter on demand.
A failure by the Renter to return the Item(s) at the end of the Rental Period shall constitute illegal possession of the Item(s). TUTNOD shall use every legal means to ensure the return of the Item(s). Renter shall bear all costs incurred by TUTNOD in recovering the Item(s) from the Renter. TUTNOD shall charge the Renter the rental price of the Item(s) for each day that return is delayed until the day of actual recovery of the Item(s), plus a 150% interest on the total rental price, subject to a maximum of 20 days delay. TUTNOD shall begin all legal actions to repossess the Item(s) after 20 days of the Renter failing to return the Item(s) including charging the Renter’s payment method for the retail price of the Item(s) at market value, plus accumulated late fees and applicable interest after which the Renter will be entitled to keep the Item(s). TUTNOD is hereby authorized to charge the Renter’s credit card in the amount due and payable in respect of delayed return or failure to return the Item(s).
Cleaning and returning of Item(s) to Supplier:
TUTNOD partners with reputable, specialist cleaning service providers to ensure that all Item(s) are properly cleaned, steamed and pressed (if applicable) before Item(s) are returned to the Supplier.
Our Representative will take the Item(s) to our cleaning partner including dry-cleaners and leather cleaner upon receiving the Item(s) from the Renter. Suppliers should expect to receive the rented Item(s) 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 Item(s) following the cleaning of the Item(s). The Supplier along with our Representative will conduct a thorough check of the Item(s) against the Order Form signed by the Supplier at the time of the rental. Supplier shall sign off the Order Form once the Item(s) is deemed acceptable.
The Supplier understands that an acceptance of an Item(s) and the Order Form is an acknowledgment that the Item(s) was received in the condition stated in the Order Form.
TUTNOD takes great care and diligence in selecting and appointing dry cleaners for rented Item(s) and ensures that Item(s) are dry cleaned with utmost care. Notwithstanding, TUTNOD shall not be liable for any health-related complaints associated with any Item(s).
When an Item(s) is damaged, lost or stolen:
A Renter is responsible for returning the rented Item(s) in the same condition as it was when the Renter received the Item(s). 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 Item(s).
In the event of the Item(s) being damaged, lost or stolen, the Renter shall immediately or as soon as reasonable possible, but in all instance, 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 Item(s). If requested by TUTNOD, the Renter shall cooperate with TUTNOD in reporting the damage, loss and/or theft of the Item(s) to the relevant authorities.
The Renter shall cooperate with any investigation into the damage, loss and/or theft of the Item(s) including investigation by insurer and/or in instituting and prosecuting a claim or action relating to the damage, loss or theft of the Item(s). If the Item(s) 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.
Renter shall be liable for bearing the cost of replacing damaged, lost or stolen Item(s), including all costs and/or expenses incurred by TUTNOD in respect of recovering the Item(s). In the event that TUTNOD has determined, on the advice of reputable artisans, that a damaged Item(s) is capable of being repaired, the cost of repairing the damaged Item(s) shall be borne solely by the Renter. In all cases of damaged, lost or stolen Item(s), the Renter shall be liable to pay the full cost of replacing the Item(s) as applicable, at the current market price. TUTNOD may, but shall not be obliged to, will use commercially reasonable efforts to resolve any disputes regarding such damages.
Amount recovered from a Renter or a third party on behalf of a Renter as compensation or payment for a damaged, lost or stolen Item(s) shall be paid to the Supplier. TUTNOD shall be entitled to deduct any amount incurred by TUTNOD in the recovery of such payment.
Communicating with you:
TUTNOD will communicate with you, using one or more methods including emails, SMS text messages, 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 cannot opt out of transactional communications.
By visiting and using the Website, accessing and using the App and/or the Platform, you hereby agree to comply with these general guidelines:
- You shall comply with all applicable laws in your use of the Website, App and/or Platform and not use the Website, App and/or Platform for any unlawful purposes;
- As a Supplier, you shall list only Item(s) that you own or have received the owner’s express authority or right to list;
- As a Supplier, you shall list only authentic designer Item(s) on the Platform. You will not, under any circumstances, list Item(s) which you know and/or reasonably suspect to be fake, counterfeit or replicas, and/or have reasons to doubt its authenticity. If you list counterfeit Item(s), TUTNOD shall immediately suspend or deactivate your account and block your access to the use of the Website, App and/or Platform. In addition, TUTNOD shall take all other legal actions that are accessible to us against you;
- As a Supplier, you shall not list Item(s) with false, misleading and/or inflated prices;
- As a Supplier, you shall provide true and accurate description of every Item(s) listed by you and when any Item(s) listed by you in the description provided by you is rented, you shall supply that Item(s) so listed and shall not pass off another Item(s) as the listed Item(s). You shall ensure that any Item(s) supplied by you matches the Item(s) listed by you.
- As a Supplier, you shall indicate the true and accurate condition of your Item(s) on the Order Form and shall not provide an inaccurate representation of the Item(s) on the Order Form;
- As a Supplier, you shall comply with TUTNOD’s pricing guidelines in determining the price of the Item(s) you list;
- You shall 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 shall not avail any remedy that may otherwise be available to you in respect of any transaction conducted outside the Platform. TUTNOD shall immediately suspend or deactivate your account and block your access to the use of the Website, App and/or Platform;
- You shall not access or use the Platform to collect any market research/data for use for a competing business and/or in a manner that will be detrimental to TUTNOD;
- You shall 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 true and accurate description of your experience. They shall not, without limitation be false, malicious, threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy or promote violence. TUTNOD shall be entitled to take appropriate legal actions that are available to it against you in respect of same.
- You may like certain Suppliers or Renters as favourites but you shall not stalk or harass any person on the Platform.
- You shall 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 shall 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 shall 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 shall 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.
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; and/or suspend or deactivate your account 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.
Sale of Item(s) on the Platform:
TUTNOD may, periodically, sell House Item(s) 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 Item(s); but shall at all times, sell sale Item(s) at discounted prices. Sale prices as shown on the Platform will include applicable taxes and delivery charges.
Suppliers who wish to sell their Item(s) on the Platform during the sales period must notify TUTNOD of their intention to do so. Suppliers reserve the right to determine the sales prices of their Item(s). TUTNOD shall be entitled to no more than twenty percent (20%) of the price of the Item(s) being administrative fees in respect of Item(s) sold on the Platform.
The Supplier reserves the right to alter the sales price or availability of the Item(s) listed for sale at her discretion but with adequate written notice to TUTNOD.
Notwithstanding the above, a registered member may at any time notify TUTNOD of an interest to purchase a listed Item(s). TUTNOD shall have the sole and absolute discretion to determine whether to sell the Item(s) where the Item(s) is a House Item(s). TUTNOD will otherwise notify the owner of the Item(s) of the interest indicated to purchase the Item(s) without any other obligation.
All participants in our sales acknowledge that Item(s) placed on sale may have been previously rented and worn by other customers 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 and delivered to the buyer.
You hereby authorised TUTNOD to charge your credit card or other acceptable payment methods for the purchase price immediately upon your purchase.
The content you post, upload, create on and/or transmit through the Platform including without limitation images and description of Item(s) listed by Suppliers, other images posted by persons reviewing rented Item(s), 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.
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.
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.
All images, information, content uploaded by users are subject to pre-approval by TUTNOD prior to publishing.
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 that it will not modify any review properly given and/or fail or refuse to publish reviews which are unfavourable to the Platform.
TUTNOD shall however be entitled to refuse the publication of any review which (i) TUTNOD reasonably 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 in its sole discretion 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.
Eligibility to use the Platform:
Only person aged 18 years and above are eligible to use the Platform. Any person under the age of 18 is requested to 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.
Your Personal Information:
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 rental on the Platform. Notwithstanding anything in this 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.
With regards to the prices at which Item(s) are listed, TUTNOD reserves the right to request the Supplier to increase or decrease the price at which an Item(s) is listed subject always to our pricing guidelines and/or prevailing market price for similar listed Item(s).
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 Item(s) and/or costs incurred by TUTNOD in recovering or repossessing the Item(s) or outstanding fees. Return of the rented Item(s) before the end of the Rental Period does not entitle the Renter to pro-rated refund of the rental fees.
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 Item(s) and/or costs incurred by TUTNOD in recovering or repossessing the Item(s) or outstanding fees. We use third-party payment gateways to process your payments for rented Item(s). 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 royalty program.
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 arbitration arrangement set forth in these Terms.
Reward royalty programs:
Suppliers will earn points for any of their Item(s) 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(s) respectively through the Platform), and providing positive reviews on the Platform and other media platforms.
Renters earn points for renting and paying for an Item(s) 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 Item(s) 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 Item(s) rented from the Platform.
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||50|
|Extension of rental period for both Renter and Supplier||50|
|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|
Points are non-transferable and may not be redeemed for cash but can be used towards paying for rentals of House Item(s) 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.
Using your reward points on the Platform:
The following conditions are applicable when using your reward points to purchase Item(s) 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 Item(s);
- Points applied to all or part of a cancelled or exchanged Item(s) are nonrefundable;
- Points cannot be applied toward the payment of sales Item(s) on the Platform;
- Points can be applied toward payment of rental Item(s) 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 responsible. TUTNOD will not replace lost points or points used without your authorization.
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 royalty program, TUTNOD’s decision will be final.
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 royalty program. The reward royalty 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.
Communicating with TUTNOD:
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.
You agree that transmission of information, including electronic mail communication over the internet or other publicly accessible networks is inherently unsecure 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 e-mail with TUTNOD, that become subject to interception, alteration and/or loss.
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 development, production, and marketing of our Services.
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.
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.
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 shall not assume any other right or license. All goodwill resulting from the use of our Materials inures to our benefit.
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.
User’s representation and warranties:
Supplier hereby represents, warrants and covenants at all times during the use of the Platform that (i) you own the rights and titles in the Item(s) you list on the Platform or have the authority of the owner of the rights and titles in the Item(s) to list them on the Platform; (ii) all Item(s) listed on the Platform are authentic designer/luxury Item(s) and you are not in doubt of the authenticity of the Item(s) you list; and (iii) the Item(s) you list are of excellent, suitable and useable condition and not defective.
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.
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 Agreement; (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.
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.
TUTNOD reserves the right to assume the sole defense and control of any matter subject to indemnification by you which shall not excuse your indemnity obligations.
TUTNOD’s disclaimed warranties/ limited and excluded liabilities:
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.
Notwithstanding the above, TUTNOD Parties do not endorse or recommend any Item(s), Supplier, Renters or contents, including House Item(s).
TUTNOD does not conduct a prior physical verification of the authenticity and/or condition of Item(s) at the time the Item(s) is listed on the Platform and has no control over Item(s) listed by Suppliers. While TUTNOD takes all commercially reasonable efforts to ensure that only authentic Item(s) are listed on the Platform, other than the House Item(s), TUTNOD does not guarantee that the Item(s) listed as authentic designer Item(s) by a Supplier are in fact authentic. In the event that a Renter rents Item(s) which is suspected to be a replica or counterfeit, TUTNOD shall take steps to (i) recover the Item(s) from the Renter to determine the accuracy of the claim (ii) where the Item(s) has been determined to be a replica or counterfeit, return the Item(s) to the Supplier; (iii) take steps to provide the Renter alternative Item(s) or otherwise, refund the rental fee with no further liability against TUTNOD; 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.
You acknowledge and agree that the Platform acts merely as a listing marketplace where Suppliers and Renters meet to list and rent luxury Item(s) respectively. Other than for Item(s) expressly fulfilled by TUTNOD, none of the TUTNOD Parties shall be liability for any Item(s) listed and rented through the Platform, including without limitation any damage caused by Item(s) rented through the Platform, including any bodily injury or death resulting from the use of Item(s) rented on the Platform.
The Services, Platform and Item(s) 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.
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 the Item(s); 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, damages causes from exposure to viruses or other harmful components, damages to your and/or any other person’s computer or other devises 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. 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.
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 rate as determined by TUTNOD or to discontinue your use of the Platform and terminate the Agreements.
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.
An Item(s) 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 Item(s) you have ordered and provide you access to select alternative Item(s) in accordance with the Agreements and without further liability to you. We however reserve the right to make changes, corrections, and/or improvement to the Platform at any time without notice.
TUTNOD’s remedies for unlawful activities:
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 agents, 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.
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.
Compliance with applicable laws:
The Platform operates out of 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.
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.
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.
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 under the Arbitration Rules of the DIFC – LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this section.
The number of arbitrators shall be one. The seat or legal place of arbitration shall be the Emirate of Dubai, UAE. The language used in the arbitration shall be English. The governing law of the contract shall be the substantive law of the DIFC.
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.
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 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.
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 Item(s) prior to receiving the termination request. Termination shall be deemed to take effect after all Orders in respect of the Supplier’s Item(s) have been fulfilled and returned.
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.
A Renter shall be under obligation to immediately return Item(s) rented by them upon the termination of the Terms, whether termination is at TUTNOD’s or the Renter’s instance. Item(s) must be returned in accordance with this Terms and failure to return the Item(s) immediately upon termination shall be subject to recovery procedures defined under these Terms.
Termination shall not affect any accrued rights and/or obligations arising 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.
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.
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, 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.
Your rights under the Agreements apply only to you and may not be assigned, transferred or sold to third parties.
The Agreements do not create or form a partnership, joint venture or agency relationship between you and TUTNOD.
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 positing a notification on the Platform or through SMS text messages and/or emails to the address you provide to TUTNOD.
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.
The headings on the Agreements are for convenience only and cannot be used for interpretation purposes.
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, the English language version shall always prevail.
The Agreements inure to the benefit of our successors, assigns, licensees and sub-licensees with or without notice to you.