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Terms of Service

General

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products and/or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

You agree to receive all communications from Boro electronically via email and to maintain a current email address as registered with the site at all times. You agree that you will be deemed to have received any notice that Boro sends to the email address you provide. We recommend that members check their spam folder from time to time to verify that Boro’s emails were not misdirected. Upon sending an email to the email address you provide, Boro has satisfied its obligation under this paragraph. We are not responsible for any emails you do not receive as a result of any misdirection by your email provider.

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred by unencrypted means and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities. We will have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of products and/or services purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to, or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address, full name, phone number, credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation: (a) to maintain any comments in confidence; (b) to pay compensation for any comments, or (c) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Your submission of personal information through the store is governed by our Privacy Policy.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its contents: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Boro, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You acknowledge and agree that Boro does not have an obligation to conduct background checks on any member, including, but not limited to, renters, lenders and/or owners, but may conduct such background checks in its sole discretion. The site, services, and collective content are provided “as is”, without any warranty of any kind, either express or implied. Boro makes no warranty that the site, services, collective content, including, but not limited to, the listings or any item for rent, or the referral program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Boro makes no warranty regarding the quality of any listings, item for rent, your accrual of referral credits, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, services or referral program. No advice or information, whether oral or written, obtained from Boro or through the site, services or collective content, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site or services, including, but not limited to, any owners or members. You understand that Boro does not make any attempt to verify the statements of users of the site, application or services or to review, verify or visit any item for rent. Boro makes no representations or warranties as to the conduct of users of the site, application or services or their compatibility with any current or future users of the site, application or services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, members, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Boro. Notwithstanding Boro’s acceptance of payments from members on behalf of the owners, Boro explicitly disclaims all liability for any act or omission of any member, renter, or third party.

You agree to indemnify, defend and hold harmless Boro and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.  Any such determination shall not affect the validity and enforceability of any other remaining provisions.

In order to access certain features of the website, and to book an item for rent or create a listing, you must become a Boro member by registering and creating an account. You can only register or join by logging into your account (a “Third Party Account”) with certain third party social networking sites including, without limitation, Facebook (a “SNS”) and Google. As part of the functionality of the website and services, you may link your Boro account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Boro through the website; or (ii) allowing Boro to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Boro and/or grant Boro access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Boro to pay any fees or making Boro subject to any usage limitations imposed by such third party service providers. By granting Boro access to any Third Party Accounts, you understand that Boro will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the website and services via your Boro account and Boro account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Boro account on the website and services. Please note that if a Third Party Account or associated service becomes unavailable or Boro’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the website or services. Please note that your relationship with an SNS associated with your third party account is governed solely by your agreement(s) with such SNS. Boro does not review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Boro is not responsible for any SNS Content. A Boro account and Boro account profile page for your use of the website will be created upon registration based upon the personal information you provide to us or that we obtain via an SNS, as described above. You may not have more than one (1) active Boro account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Boro reserves the right to suspend or terminate your Boro account and your access to the website and services for any reason, including, without limitation, if you create more than one (1) Boro account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you are solely responsibility for any activities or actions under your Boro account, whether or not you have authorized such activities or actions. You will immediately notify Boro of any unauthorized use of your Boro account.

We reserve the right to terminate your right to lend and/or rent products to us or from us at any time in the event of your breach of this agreement or for no reason or any other reason, in our sole discretion. We may, in our sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) limit, suspend or terminate your access to your account, our Site and/or Services: and/or (b) deactivate or cancel your Boro account. In the event Boro terminates these Terms, or your access to our Site and Services or deactivates or cancels your Boro account you will remain liable for all amounts due hereunder. You may cancel your Boro account at any time by sending an email to talk@boroit.ca

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

You acknowledge and agree that we may place limits on the rental or purchase of products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of products for any reason in our sole discretion, including but not limited to availability and geographic concerns.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the province of Ontario, Canada.

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service and Agreements constitutes acceptance of those changes.

Boro is a concierge service which means that lenders and renters do not communicate with each other. All rental transactions will be managed by Boro. Any questions or comments or arrangements should be sent to us via email at talk@boroit.ca, by phone, text message, WhatsApp message at +1 416-276-3414, via Drift chat on the website, and/or via the contact form on the website.

We will use the preferences and orders you provide on our website to send you emails and other marketing materials for other products. You may opt out of receiving those emails.

Member

Members may submit an application for Listings for items to rent out, either via the online form, PDF form, or in person. Boro will approve the items that will we rent, given our expertise and as determined in our sole discretion. Products will not be available for purchase. We will determine a good time to pick up any such items from you, arrange to have them shipped, or arrange a meeting time at an agreed upon location. To this end, you may be asked a variety of questions about the listed items, including, but not limited to, the location, size, brand, retail and rental price, availability, description, and photos of the item on its own and worn by you. You authorize that all items you are provide are authentic and are not knock-offs of other brand names. Listings will be made publicly available via the website and services. The photos of garments worn by you or photos of your garments worn by other models are to be used on Boro’s website and are the property of Boro. Other Members will be able to rent your listed items via the website and services based upon the information provided in your listing.

Boro will insure items for rent while under Boro’s possession. The owner of the item understands that after certain rentals of an item the item will not be in the same exact condition that it was when given to Boro given normal wear and tear.

In the case of damage, Boro will repair the item.  If the item needs major repair, we will bill the Boro’er for the cost of that repair.  If it is irreparable, Boro will replace the item or pay the owner the market price which is determined by the item’s age, resale value and depreciation, in Boro’s sole and reasonable discretion and/or bill the Boro’er accordingly. Boro recommends that Members obtain appropriate insurance for their items. We recommend that you review any insurance policy and consult with an insurance professional regarding the terms of potential coverage.  If you have any questions, comments, and/or concerns, etc., please email us immediately at talk@boroit.ca by or using any of the other contact methods outlined above.

After the application of rental items is approved, Boro is to hold on to the items in our storage facilities and will arrange for delivery of rental items directly with the renter. The Owner of the items is to determine a good time for Boro to pick up or arrange to have them shipped, or arrange a meeting time at an agreed upon location. Although Boro is holding and storing the items for rent, ownership of the items remains with the Owner. The Owner is to let Boro know when they need the item back or when they personally want to wear any item, at the point of drop off, so that Boro ensures not to rent it out at that time. The Owner of the item agrees to let Boro hold the item for a minimum of 3 months unless otherwise agreed upon.

If the Owner of the item keeps the garment item at their own home or storage place rather than with Boro, as agreed upon with Boro, the Owner agrees to have the item available for rent at any time other than the dates that the Owner has notified Boro that they are blocked off due to the Owner wearing them. If the Owner keeps the items in their own space, the space is to be smoke-free and the garment is to be kept in pristine condition and cleaned and in the exact same condition as when Boro accepted their application for that particular garment.

Boro will deliver the products you ordered on or before the date on which you ordered them, except to the extent we informed you in connection with your order that the specific product was not guaranteed. Products may appear different in color and style than the photos displayed on our website. Your Products may be ordered and delivered to you on the same day for certain orders in the Greater Toronto Area (GTA), subject to the additional delivery charges as set forth on the Website. Otherwise, all deliveries outside of the GTA will be through Boro’s shipping partners, which may change from time to time at Boro’s sole discretion. The shipping or delivery method used will be at the discretion of Boro. The products can be delivered to you until 9:00 p.m. on your rental start date, or at any other agreed upon time. The products will be professionally and ethically cleaned and delivered ready to wear. We dry clean and inspect each product with the utmost care, but the use of the product is at your own risk and Boro shall not be held liable for any health-related complaints associated with any product rented from our site.

If your product does not fit you, then you may return the product to us within 24 hours of the date you received the Product by contacting us via methods outlined in the communication/contact section and returning the product in conformance with the return procedures. If you try the item on upon delivery by Boro, you should inform Boro right then and there if the item does not fit in order to receive a refund for the full Rental Fee (less delivery charges) of the Product, so long as the product, in our sole discretion, has not been worn.

In order to provide greater assurance that a product will fit properly, Boro may bring a backup

product, subject to availability. In such event, the backup product must be returned together with the product with which it was ordered. Any differences in pricing between the backup product and original product ordered will be applied (charged or refunded) to your credit card on file accordingly. These terms and conditions shall apply to the backup product just as to any other product.

Upon delivery, you bear responsibility for the product(s). If, however, you opt to have your products delivered in Toronto by courier service, you agree to bear responsibility for receipt of products shipped to the location specified at the time of check out. You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive the product(s). In the event that an unsecured shipping address is provided, Boro does not bear liability for products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Boro is not to be held liable, but for which you will be held liable.

You agree to return the products to Boro on the date set forth on the website in connection with your order, either by pick-up by Boro or dropping it off at an agreed upon location. Since our Boro team will be picking up the garments, late returns will not be an issue. If you for some reason are not there for the scheduled pickup, as mutually agreed upon between the parties, Boro will pick it up the next day and will have to charge for the cost of delivery. You may extend your order for a product on the website or by phone or text or email to Boro provided that any extensions are subject to other orders for that product and to pre-payment of the additional Rental Fee applicable to that product for the period of time of the extension.

You agree to treat the items with the highest standard of care as if it was borrowed from your close friend and to treat the items as if they were your own. You are responsible for loss, destruction or damage to the items, whether due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompass minor removable stains, minor repairable rips, missing minor beads, or stuck zippers, or other minor damage covered by the insurance coverage fee you paid for with the rental. If you either: (a) fail to return an item; or (b) return an item that is damaged beyond normal wear and tear, then you agree that Boro will charge you, and you shall pay, for the price for repairing and/or replacing the item, as determined in our sole and absolute discretion, up to 200% of the original retail value for the item. If an item is rented and is destroyed, the Owner’s remedy will be to accept the equivalent cash retail value for such item, as stated in the listing, or accept the equivalent dress in the equivalent size if available to purchase and replace.

As a Member, it is your responsibility to return the item for rent in the condition it was given to you when you took possession, with normal wear and tear excepted. You acknowledge and agree that, as a Member, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you allow to wear the item while in your possession. In the event that an Owner claims otherwise and provides evidence of damage, including but not limited to, photographs, Renters agree to pay the cost of replacing the damaged item. If an item rented by the Owner is lost, stolen, or destroyed, the Owner’s sole remedy will be to accept from the Renter the equivalent cash value of such item, as stated in the listing, or equivalent item in the equivalent size if available for purchase. This will be the market value which is determined based on age, depreciation and online channels where the items are available for sale. After being notified of the claim, the payment will be charged to and taken from the credit card on file in your Boro account. Boro also reserves the right to charge the credit card on file in your Boro account, or otherwise collect payment from you and pursue any avenues, rights and/or remedies available to Boro. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the item for rent to the applicable Owner or to Boro (if applicable).

All Members, both Owners and Renters, agree to cooperate with Boro in good faith, and to provide Boro with information and take actions as may be reasonably requested by Boro, in connection with any complaints or claims made by Members relating to items for rent (including, without limitation, payment requests) or with respect to any investigation undertaken by Boro or a representative of Boro regarding use or abuse of the website, products and/or services. If you are a Member, upon Boro’s reasonable request, and to the extent, you are reasonably able to do so, you agree to participate in mediation or similar resolution process with an Owner, which may be conducted by Boro or a third party selected by Boro.

Boro does not endorse any Members. Although these Terms require Members to provide accurate information, Boro may not verify or attempt to confirm any information provided by Members or any Member’s purported identity. You are solely responsible for determining the identity and suitability of other Members who you contact via the website and services. Boro is not and will not be responsible for any damage or harm resulting from your interactions with other Members.

By using the website or services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Boro with respect to such actions or omissions.

The rental fee (“Rental Fee” or “Rental Price” or “Listing Price”) for the Products will be the rental fee plus insurance or coverage charges, and delivery charges listed on the Website in connection with your rental of the products. Upon your order for a product, you hereby authorize us to charge your credit card for the Rental Fee. We will charge your credit card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on our Website is deemed an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your order of a product, you hereby authorize Boro to pre-authorize your credit card for the entire original retail value of the product if Boro decides to, provided that we will only charge your card if you damage the dress or you do not return the dress. In order to establish a booking, you understand and agree that Boro, on behalf of the Owner, reserves the right, in its sole discretion, to obtain a pre-authorization via your credit card for the amount of the Retail Value of the garment rented. Boro will collect the Rental Price in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable listing. Renters are responsible for reading item listings, including, without limitation, the description of the item and any policies or instructions. If a Renter requests to book an item, and if such request is confirmed by Boro, the Renter agrees to pay Boro the Rental Price for such item.

If you do not pay the amounts you owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable lawyers’ fees.

The Boro fee to the Owner of the item (the “Service Fee” or “Boro Fee”) is based on a percentage of the applicable rental listing price that a Renter pays to an Owner (the “Rental Price”). The Boro Fee paid to the Owner of the item is equal to fifty percent (50%) of the Rental Price, net of all costs, including, but not limited to, a variable professional cleaning fee, $10 delivery fee, a variable payment processing fee, and any other agreed upon fees. As such, the Owner is paid fifty percent (50%) of the net Rental Price after the agreed upon fees have been subtracted. Boro will collect the full revenue at the time payment is received from the Lender and will remit the appropriate Boro Fee to such Owner. The timing of payment to Owner is upon return of garment from the Boro’er, at the end of the Boro period. Each Owner hereby permits Boro to collect payments made by Renters on behalf of the Owner. Each Owner agrees that payment of a Rental Price made by a Renter to Boro shall be considered the same as a payment made directly to the Owner and the Owner will make the item for rent available to Renter in the agreed upon manner as if the Owner has received the Rental Price. Each Owner agrees that Boro may, in accordance with the cancellation policy: (a) permit the Member to cancel the booking within 24 hours after the rental period starts for if the item does not fit; and (b) refund to the Member the Rental Price specified in accordance with the cancellation policy. Boro assumes no liability for any acts or omissions of the Owner. Owners are responsible for honoring any confirmed bookings and making available any item for rent reserved through the website and Services. Renters acknowledge and agree that, notwithstanding the fact that Boro is not a party to any agreement (express, implied, deemed or otherwise) between the Renter and the Owner, Boro accepts payments from you on behalf of the Owner. Upon a Renter’s payment of the Rental Price to Boro, the Renter’s payment obligation to the Owner for such amounts is fulfilled. Boro is responsible for remitting such amounts, less applicable deductions and Service Fees, to the Owner. In the event that Boro does not remit any such amounts to an Owner, such Owner will have recourse only against Boro.

Note that Boro cannot control any fees that may be charged to a Member by his or her own bank related to Boro’s collection of the Rental Price, and Boro disclaims all liability in this respect.

 

In connection with your requested booking, you will be asked to provide customary billing information such as full name, billing address, phone number, and credit card information to Boro’s third party payment processor, which is currently “Stripe” (www.stripe.com). You agree to pay Boro for any confirmed bookings made in connection with your Boro account in accordance with these Terms by credit card. You authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Boro or indirectly, via our third party online payment processor. You also authorize Boro to charge your credit card in the event of damage caused to an item for rent or theft of an item for rent as described in this agreement. If you are directed to Boro’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once you reserve an item and it is accepted, you will receive a confirmation email summarizing your confirmed booking.

Members may cancel a requested booking within 24 hours of receiving the item. Members can request another item if the item received does not fit. Boro will cancel any pre-authorization to your credit card and/or refund any amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If a Member wishes to cancel a confirmed booking made via the website and services, prior to the beginning of the rental period, the cancellation is subject to confirmation by Boro. Members may not cancel a booking 24 hours after the day the rental period starts.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Website, Services, and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:

Harass any user of our website or services or collect, store, sell, disseminate or provide to any other party any personally identifiable information about users other than for purposes of transacting as a Boro Member; Offer, as an Owner, any item for rent that you do not yourself own or have permission to rent; Register for more than one Boro account or register for a Boro account on behalf of an individual other than yourself; Contact an Owner for any purpose (as any and all questions are to be directed to Boro for Boro to answer); Recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to Boro, without Boro’s prior written approval; Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; Use the website or services to find an Owner or Member and then circumvent the Terms or complete a booking of an item for rent transaction independent of the Boro website in order to circumvent the obligation to pay any Service Fees; As an Owner, submit any listing with false or misleading price information or submit any listing with a price that you do not intend to honor; As an Owner, fail to deliver an item after a requested booking for such item is confirmed; As an Owner, fail to rent out an item after a requested booking for such item is placed for a date that you otherwise did not notify Boro that you do not desire to rent it out; Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances; Provide Boro with items to rent that are not authentic or replicas of brand names; Systematically retrieve data or other content from our website or services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; nor Use, display, mirror or frame the website or any individual element within the website or services, Boro’s name, any Boro trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Boro’s written consent.

We may permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Boro a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services. Boro does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are responsible for all Content that you make available. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Boro the rights in such Member Content, as contemplated under these Terms; and (b) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Boro’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.