The Chilled Closet Terms of Service
These terms and conditions outline the rules and regulations for the use of thechilledcloset ‘s Website. thechilledcloset is located at thechilledcloset.com (the “Site”), the thechilledcloset mobile app (the “App”) and related services including TheChilledCloset’s product rental, renting out (“chilledsharing”) and sale services (together with the Site, the App, and the thechilledcloset Content. These Terms also apply to all in-store rentals and sales, which are part of the Services.
By accessing this website or mobile app, you agree to accept these terms and conditions in full. Do not continue to use TheChilledCloset’s website if you do not accept all of the terms and conditions stated on this page.
Unless otherwise stated, thechilledcloset and/or it’s licensors own the intellectual property rights for all material on thechilledcloset. All intellectual property rights are reserved. You may view and/or print pages from thechilledcloset.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from thechilledcloset.com
- Sell, rent or sub-license material from thechilledcloset.com
- Reproduce, duplicate or copy material from thechilledcloset.com
- Redistribute content from thechilledcloset (unless content is specifically made for redistribution).
- Hyperlinking to our Content
The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union; dot.com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.
We will approve link requests from these organizations if we determine that:
(a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
(b) the organization does not have an unsatisfactory record with us;
(c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and
(d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link:
(a) is not in any way misleading;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and
(c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to Chill@thechilledcloset.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of thechilledcloset’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
- are subject to the preceding paragraph; and
- (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
DISPUTE RESOLUTION, ARBITRATION & CLASS ACTION WAIVER
Informal Process First
You agree that in the event of any dispute between you and thechilledcloset, you will first contact thechilledcloset and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of thechilledcloset’s Services and/or Products, or relating in any way to thechilledcloset’s communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and thechilledcloset. However, this arbitration agreement does not (a) govern any Claim by thechilledcloset for infringement of its intellectual property or access to the Services (including the Site and App) that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. IF YOU ARE AN INDIVIDUAL YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF THE FIRST OF THE DATE YOU ACCESS THIS SITE OR APP OR THE DATE YOU RECEIVE ANY SERVICES BY FOLLOWING THE PROCEDURE DESCRIBED BELOW.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the Singapore Arbitration Act governs the interpretation and enforcement of this provision, and that you and thechilledcloset are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to thechilledcloset. The arbitration shall be administered by the Singapore International Arbitration Centre (SIAC) under its rules including, if you are an individual, the SIAC’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the SIAC’s Supplementary Procedures for Consumer-Related Disputes will not be used. The SIAC’s rules are available at WWW.SIAC.ORG.SG. The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Singapore law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the SIAC’s rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to Miscellaneous clause below.
If you do not want to arbitrate disputes with thechilledcloset and you are an individual, you may opt out of this arbitration agreement by sending an email to Chill@thechilledcloset.com within thirty (30) days of the first of the date you access the Site or App or the date you receive any Services.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and thechilledcloset each waive any right to a jury trial.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
JURISDICTIONAL ISSUES. thechilledcloset makes no representation that the Services are appropriate or available for use outside Singapore. Those who choose to access the Services or any part thereof from outside Singapore do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that thechilledcloset intends to announce or make available such products or services to the general public, or in your country. Contact thechilledcloset at Chill@thechilledcloset.com to determine which products and services may be available to you.
EXPORT LAWS. The laws of Singapore prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the thechilledcloset Content, or any part thereof, in any way, in violation of Singapore law.
GOVERNING LAW AND VENUE.
These Terms are governed and interpreted pursuant to the laws of Singapore, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a court located in Singapore, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non Conveniens (FNC).
These Terms are the entire agreement between you and thechilledcloset relating to the subject matter herein and shall not be modified except by thechilledcloset in accordance with these Terms, or as otherwise agreed in writing by you and thechilledcloset. No employee, agent or other representative of thechilledcloset has any authority to bind thechilledcloset with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
SEVERABILITY AND WAIVER.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
ASSIGNMENT. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. We, thechilledcloset may assign these Terms at any time without notice to you.
FORCE MAJEURE. We, thechilledcloset will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond thechilledcloset reasonable control.
Please send any questions, feedback or comments, or any unauthorised usage or report violations of these Terms, to thechilledcloset at Chill@thechilledcloset.com