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Terms Of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Wararni Platform, you agree to comply with and be bound by these Terms of Service.
By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: November 2, 2022
Thank you for using Wararni!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Wararni (as defined below) governing your access to and use of the Wararni website, including any subdomains thereof, and any other websites through which Wararni makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Wararni Services"). The Site, Application and Wararni Services together are hereinafter collectively referred to as the “Wararni Platform”.
When these Terms mention “Wararni,” “we,” “us,” or “our,” it refers to the Wararni you are contracting with. Account as determined by either your express selection or by Wararni’s assessment of your residence using various data attributes associated with your Wararni Account.
1.1 The Wararni Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Lenders” and the services they offer are “Lending Services”) to publish such Lending Services on the Wararni Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Lending Services (Members using Lending Services are “Guests”). Lending Services may include the offering of clothing or other pieces for use ("Items"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other fashion related services.
1.2 As the provider of the Wararni Platform, Wararni does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Lending Services, nor is Wararni an organiser or retailer of fashion items. Lenders alone are responsible for their Listings and Lending Services. When Members make or accept a booking, they are entering into a contract directly with each other. Wararni is not and does not become a party to or other participant in any contractual relationship between Members, nor is Wararni a retailer reseller or insurer. Wararni is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Wararni has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Wararni does not endorse any Member, Listing or Lending Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Wararni about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to rent an Item, participate in an Experience or Event or use other Lending Services, accept a booking request from a Renter, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing and are therefore not an endorsement by Wararni of any Lending or Listing.
1.4 If you choose to use the Wararni Platform as a Lender or Co-Lender (as defined below), your relationship with Wararni is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Wararni for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Wararni. Wararni does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Lending Services. You acknowledge and agree that you have complete discretion whether to list Lending Services or otherwise engage in other business or employment activities.
1.5 To promote the Wararni Platform and to increase the exposure of Listings to potential Renters, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Wararni cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Wararni Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Wararni Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Wararni is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Wararni of such Third-Party Services.
1.7 Due to the nature of the Internet, Wararni cannot guarantee the continuous and uninterrupted availability and accessibility of the Wararni Platform. Wararni may restrict the availability of the Wararni Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Wararni Platform. Wararni may improve, enhance and modify the Wararni Platform and introduce new Wararni Services from time to time.
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Wararni Platform or register an Wararni Account. By accessing or using the Wararni Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.3 Wararni may make access to and use of the Wararni Platform, or certain areas or features of the Wararni Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity.
2.5 The access to or use of certain areas and features of the Wararni Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Wararni Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Wararni Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Wararni reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Wararni Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Wararni Platform will constitute acceptance of the revised Terms.
4.1 You must register an account ("Wararni Account") to access and use certain features of the Wararni Platform, such as publishing or booking a Listing. If you are registering a Wararni Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Wararni Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Wararni Account and your SNS Account at any time, by accessing the "Settings" section of the Wararni Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Wararni Account and public Wararni Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Wararni Account unless Wararni authorizes you to do so. You may not assign or otherwise transfer your Wararni Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Wararni Account credentials and may not disclose your credentials to any third party. You must immediately notify Wararni if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Wararni Account. You are liable for any and all activities conducted through your Wararni Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Wararni may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Wararni Account. For example, we may allow eligible Members or certain third parties to book Items on behalf of other Members, or we may allow LEnders to add other Members as Co-Lenders (as defined below) to help manage their Items. These features do not require that you share your credentials with any other person. No third party is authorized by Wararni to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Wararni may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Wararni Platform ("Member Content"); and (ii) access and view Member Content and any content that Wararni itself makes available on or through the Wararni Platform, including proprietary Wararni content and any content licensed or authorized for use by or through Wararni from a third party ("Wararni Content" and together with Member Content, "Collective Content").
5.2 Subject to your compliance with these Terms, Wararni grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Wararni Platform and accessible to you, solely for your personal and non-commercial use.
6.1 Wararni may charge fees to Lenders ("Lender Fees") and/or Renters ("Rent Fees") (collectively, "Service Fees") in consideration for the use of the Wararni Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Lender or Renter prior to publishing or booking an Item. Wararni reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Wararni. The applicable Service Fees (including any applicable Taxes) are collected by Wararni Payments. Wararni Payments will deduct any Lending Fees from the Listing Fee before remitting the payout to the Lender. Any Renter Fees are included in the Total Fees collected by Wararni Payments. Except as otherwise provided on the Wararni Platform, Service Fees are non-refundable.
8.2.1 You understand that a confirmed booking of an Item (“Item Booking”) is a limited license granted to you by the Lender to enter, occupy and use the Item for the duration of your rental period, during which time the Lender (only where and to the extent permitted by applicable law) retains the right to re-use the Item, in accordance with your agreement with the Lender.
8.2.2 You agree to return the Item no later than the checkout time that the Lender specifies in the Listing, or such other time as mutually agreed upon between you and the Lender. If you keep the item past the agreed upon checkout time without the Lender's consent (“Overstay”), you no longer have a license to keep the Item and the Lender is entitled to make you return the item in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Lender, for each twenty-four (24) hour period (or any portion thereof) that you Overkeep the item, an additional daily fee of up to two (2) times the average daily Listing Fee originally paid by you to cover the inconvenience suffered by the Lender, plus all applicable Renter Fees, Taxes, and any legal expenses incurred by the Lender to make you leave (collectively, "Overkeeping Fees"). Overkeep Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Lender as a result of such Overkeep. If you Overkeep an Item, you authorize Wararni (via Wararni Payments) to charge you to collect Overkeeping Fees. A Security Deposit, if required by a Lender, may be applied to any Overkeep Fees due for a Renter’s Overstay.
8.3.1 You should carefully review the description of any Experience, Event or other Lending Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Lender has specified in their Listing. At your sole discretion you may want to inform the Lender of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Lending Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Lending Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Lending Service.
8.3.2 Before and during an Experience, Event or other Lending Service you must at all times adhere to the Lendings’ instructions.
8.3.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the Wararni Platform.
8.4 Wararni Lifestyle Credits
Wararni Lifestyle Credits may be redeemed for eligible bookings via the Wararni Platform as specified in the terms and conditions provided with the Lifestyle Credit. You may only redeem Wararni Lifestyle Credits after the Wararni Lifestyle Credits are reflected in your Wararni Account.
9.1 Lenders and Renters are responsible for any modifications to a booking that they make via the Wararni Platform or direct Wararni customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Lending Fees or Renter Fees and/or Taxes associated with such Booking Modifications.
9.2 Renters can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and Wararni Payments will refund the amount of the Total Fees due to the Renter in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Lender under the applicable cancellation policy will be remitted to the Lender by Wararni Payments pursuant to the Payments Terms.
9.3 If a Lender cancels a confirmed booking, the Renter will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, Wararni may allow the Renter to apply the refund to a new booking, in which case Wararni Payments will credit the amount against the Renter’s subsequent booking at the Renter’s direction. Further, Wararni may publish an automated review on the Listing cancelled by the Lender indicating that a booking was cancelled. In addition, Wararni may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Lender has a valid reason for cancelling the booking pursuant to Wararni’s Extenuating Circumstances Policy or has legitimate concerns about the Renter’s behavior.
9.4 For Experiences, Events and other Lender Services, if inclement weather creates an unsafe or uncomfortable scenario for Renters, Lenders may modify or cancel a Lending Service. If there is a substantial change in the itinerary or the Lending Service needs to be cancelled, Wararni will work with the Lender and/or Renters to provide Renters an alternative date for the Lending Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, Wararni may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Wararni's Extenuating Circumstances Policy or (i) where Wararni believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Wararni, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Renter suffers an Issue pursuant to the Renter Refund Policy, Wararni may determine, in its sole discretion, to refund the Renter part or all of the Total Fees in accordance with the Renter Refund Policy.
9.7 If, as a Lender, your Renter cancels a confirmed booking or Wararni decides that it is necessary to cancel a confirmed booking, and Wararni issues a refund to the Renter in accordance with the Renter Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Wararni Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Lender Services, Co-Lending Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Wararni Account, and Wararni Payments will handle all such payments.
10.1 Within a certain time frame after completing a booking, Renters and Lenders can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Wararni. Ratings and Reviews are not verified by Wararni for accuracy and may be incorrect or misleading.
10.2 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.3Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Wararni Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
As a Renter, you are responsible for leaving the Item (including any personal or other property located in the Item) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you share it with, or otherwise provide access to, the Item, excluding the Lender (and the individuals the Lender invites to share the Item with, if applicable).
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