legal

These Terms of Use were last updated on April 13, 2018

 

These Terms of Use (“Terms of Use”) constitute a legally binding agreement (“Agreement”) between you (“RENTER” or “PARTNER” or “User” or “Client” or “you” or “your” as applicable) or, in case RENTER or PARTNER or User is below eighteen (18) years old, his/her Legal Guardian, and RSVP.PH (“RSVP”, “we”, “us”, or “our” as applicable”) governing your access or use of the RSVP.PH website,  rental of RSVP Dress/es, submission of dress/es to the RSVP dress inventory (“collectively, “Services”) as more fully defined below in Section 1.

 

Before accessing or using Our Services, please read this Agreement carefully. By accessing or using any part of our Services, you confirm that you accept and agree to this Agreement. If you do not agree to this Agreement, you may not access or use our Services. 

 

Your use of Our Services shall entail the submission of any of Your personal information. Such personal information is subject to Our Privacy Policy, which is hereby incorporated by reference into these Terms.

 

Furthermore, if You become a RENTER or PARTNER, your use of Our Services shall also be subject to the Term of Service, which are hereby incorporated by reference into these Terms.

 

This Agreement is written and available in English and we undertake to communicate with you in English regarding any aspect of Our Services.

 

We reserve the right to update these Terms from time to time, in order to clarify or reflect changes or new features in Our Services or in Our Website. You will be notified of the changes or new features by email through the email address supplied by You in Your account information or through a post in Our Website. Unless stated otherwise, the modifications shall become effective on the day that they are posted in Our Website.

 

Your continued use of Our Services after the changes have become effective shall signify of Your acceptance of these changes. To ensure that You are aware of the latest version of the Terms, We encourage You to visit Our Services regularly. The latest version of the revised Terms shall supersede all previous Terms.

 

RSVP reserves the right to modify any part of Our Services or discontinue their availability at any time.

 

Section 1: RSVP and Our Services

RSVP is the best dressed solution for any dress code. RSVP is Manila's first luxury eveningwear rental service that reconsiders ‘occasion dressing’ into something easy and personal for every woman. Our studio carries a wide selection of designer gowns, in-house collections and pre-loved pieces to suit any occasion.

 

 

Section 2. Eligibility for Use of Our Services

 

  • You must confirm Your age to be able to enter into legally binding contracts, which will enable You to access and use Our Services. By accessing and using Our Services, there is a presumption that you confirm and warrant that you are at least eighteen (18) years old and have the legal capacity and authority to enter into a legal contract. However, should You be below eighteen (18) years old, it shall be deemed implied that both You and Your legal guardian have entered into a legal contract with RSVP and thus, are bound by the terms and conditions of Our Website and Our Services.

 

  • You have read and understood these Terms.

 

  • You accept these Terms and You agree to be bound by this Agreement and to comply with all applicable laws, rules and regulations.

 

  • You warrant that Your use of our Services does not violate any laws, rules and regulations.

 

  • You take responsibility for any consequences of Your breach of this section.

 

  • You agree not to use the Services to solicit, recruit, or contact in any form, RSVP PARTNERS, RENTERS, and/or potential Users for employment, commercial uses, or other matters not affiliated with Us without Our advance written permission, which may be withheld in Our sole discretion.

 

Section 3. Use or Access

 

You are solely responsible for all the fees and costs incurred, including but not limited to service, data charges and/or other that may be associated with Your use and access to the Services, as well as for obtaining and maintaining all services, software, computer hardware, and other equipment required for such use and access.

 

Section 4: Registration Procedure

 

  • RENTER and/or PARTNER shall be qualified to avail of the services of RSVP only upon successfully registering in the RSVP website.
  • Upon registration, RENTER and/or PARTNER shall be required to provide personal information that is true, accurate, current, and complete in all aspects.
  • Should RENTER’s and/or PARTNER’s registration information change, notification must be immediately made to RSVP in the manner prescribed in the website. RSVP shall not be held liable for any error in shipment, return, payment, e-mail or other matters should RENTER and/or PARTNER fail to notify the changes in his/her registration information.
  • RSVP reserves the right to change any required registration information as needed and may further request additional information subsequent to RENTER’s and/or PARTNER’s initial registration.
  • The account password of RENTER and/or PARTNER shall be kept secured. Any security breach or unauthorized use of RENTER’s and/or PARTNER’s account must be immediately notified to RSVP.
  • You may register only one (1) RSVP Account. In case of duplicate accounts, We reserve the right to close or merge the duplicate accounts.
  • All activities and transactions made under RSVP Account shall be deemed as activities and transactions carried out by the registered user. You shall only use Our Services to transact on Your own account and not on behalf of any other person or entity.

 

 

Section 5: Confidentiality Agreement

 

The identity and contact information of RSVP RENTERS AND PARTNERS shall remain confidential and shall not be disclosed to anyone except if legally ordered, required or authorized by government agencies to discharge any regulatory function, under any law or in relation to any order or judgment of a court and/or for the purpose of detection or prevention of crime, illegal/unlawful activities or fraud or for the apprehension or prosecution of offenders, or for an investigation relating to any of these.

 

 

Section 6: Trademarks

 

The trademarks, service marks, and logos (the "Trademarks") used and displayed through Our Services are Our registered or unregistered Trademarks, or of Our suppliers, or of Our Partners, or third parties, and are protected pursuant to applicable trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.

 

Section 7: Non-Expiration of Provisions

 

All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall continue despite the expiration or earlier termination of these Terms of Service.

 

Section 8: Right to Amend

 

Except for any provisions determining the primary contractual obligations of You and RSVP, RSVP has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, market conditions, technology, payment methods, relevant laws and regulatory requirements and in system capabilities. Changes are effective immediately upon posting and Your continued use of any of Our Services following the posting of revised Terms of Service means that You accept and agree to the changes, to the extent permitted by applicable laws.

 

Section 9: Injunction

 

You acknowledge that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause RSVP irreparable damage, for which the award of damages would not be adequate compensation. Consequently, RSVP may seek an injunction to prevent You from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and RSVP may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief that RSVP may be entitled by law or in equity.

 

Section 10: Governing Law and Venue

 

These Terms of Service shall be construed and governed by the laws of the Philippines, without regard to the principles of conflict of laws thereof. You and RSVP shall first discuss and attempt to resolve amicably any dispute arising out of or in relation to these Terms of Service. You agree and accept that any legal action or proceeding shall be brought in the courts of Makati, Philippines and You expressly waive any objection to personal jurisdiction, venue or forum non-conveniens. Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Service (including, but not limited to, any claims of breach of contract, tort, infringement), You agree that all such disputes/claims shall be resolved by means of a court trial conducted in the Makati courts, and You expressly waive any right it may otherwise have to any trial outside Philippine jurisdiction.

 

Section 11: Notices

 

Legal notices may only be sent to the office address of RSVP at L509 North Joya Building Rockwell Center Makati 1223. However, notices to You may be sent either to the email address or home address supplied by You in your account information. In addition, RSVP may broadcast notices or messages through the Website to inform of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to You to the extent permitted by applicable law.

 

Any notice or communication under these Terms of Service shall be deemed delivered to the party receiving such communication (a) if by personal delivery, on the delivery date; (b) if by registered mail or private courier, on the date of receipt by party after verification from the private courier or post office; (c) if by email, on the delivery date; or (d) within three (3) days after RSVP posts a notice on the Website.

 

Section 12: Force Majeure

 

RSVP shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure”). Force Majeure includes any act, event, non-happening, omission or accident beyond RSVP’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fiber optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.

 

Section 13: Terms of Use, Terms of Service, and Privacy Policy

 

You agree to comply with the Terms of Use, Terms of Service, and Privacy Policy. RSVP reserves the right to modify any of them at any time, and to the extent permitted by applicable law. The changes shall be effective immediately upon posting on the Website. Your continued use of any portion or all, of the Services, following the posting of any change or revision means that You accept and agree to such change or revision.  In the event of an express conflict among the Terms of Use, Terms of Service and Privacy Policy, the Terms of Service shall prevail.

 

Section 14: Severability

 

If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.

 

Section 15: Waiver and Amendment

 

Any failure on the part of RSVP to insist upon strict performance of Your obligations under any of these terms and conditions or any failure on the part of RSVP to exercise any of the rights or remedies to which it is entitled under these Terms of Service shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. No waiver by RSVP of any default will constitute a waiver of any subsequent default, and no waiver by RSVP of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to You in writing.

 

Section 25: Geographic Restrictions

 

Software, functionality, and/or features (collectively, “Service Functionality”), that may be available on or through Website from time-to-time, is subject to applicable laws. Although the Website may be accessible worldwide, RSVP makes no representation that materials on the Website are appropriate or available for use in locations outside the Philippines, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.

 

 

 

 

 

These Terms of Service were last updated on April 13, 2018

 

These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you (“RENTER” or “Client” or “you” or “your” as applicable) or, in case RENTER or Client is below eighteen (18) years old, his/her Legal Guardian, and RSVP (“RSVP”, “we”, “us”, or “our” as applicable”) governing your use of the RSVP Website and rental of RSVP dress/es (“collectively, “Services”) as more fully defined below in Section 1.

 

BY CLICKING ON THE CHECKBOX “I ACKNOWLEDGE THAT I HAVE READ AND I ACCEPT THE ABOVE TERMS OF SERVICE AND RSVP.PH’S PRIVACY POLICY AND TERMS OF USE”,  THE RENTER OR HIS/HER LEGAL GUARDIAN THEREBY AGREES TO ABIDE BY THESE TERMS OF SERVICE (“Acceptance”). Furthermore, RENTER and/or his/her Legal Guardian agrees that its assent, given electronically, will give rise to the same legal effect as if it had been personally signed by RENTER and/or his/her Legal Guardian. To the extent permitted by law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Service for future reference.

 

These Terms of Service, together with the Website Terms of Use and the Privacy Policy, and if applicable, the Rental Details Page when a Rental Order is placed, constitute the sole and entire agreement between RENTER and/or his/her Legal Guardian, as the case may be, and RENTER with respect to the Services, and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms and conditions, both written and oral, with respect to the Services.

 

Section 1: RSVP and Our Services

RSVP is the best dressed solution for any dress code. RSVP is Manila's first luxury eveningwear rental service that reconsiders ‘occasion dressing’ into something easy and personal for every woman. Our studio carries a wide selection of designer gowns, in-house collections and pre-loved pieces to suit any occasion.

 

Section 2: Registration Procedure

 

  • RENTER shall be qualified to avail of the services of RSVP only upon successfully registering in the RSVP website.
  • Upon registration, RENTER shall be required to provide personal information that is true, accurate, current, and complete in all aspects.
  • Should RENTER’s registration information change, notification must be immediately made to RSVP in the manner prescribed in the website. RSVP shall not be held liable for any error in shipment, return, payment, e-mail or other matters should RENTER fail to notify the changes in his/her registration information.
  • RSVP reserves the right to change any required registration information as needed and may further request additional information subsequent to RENTER’s initial registration.
  • The account password of RENTER shall be kept secured. Any security breach or unauthorized use of RENTER’s account must be immediately notified to RSVP.
  • You may register only one (1) RSVP Account. In case of duplicate accounts, We reserve the right to close or merge the duplicate accounts.
  • All activities and transactions made under RSVP Account shall be deemed as activities and transactions carried out by the registered user. You shall only use Our Services to transact on Your own account and not on behalf of any other person or entity.

 

Section 3: Schedule Fitting

 

  • RENTER may book a schedule fitting in the RSVP website.
  • The fitting shall be held in the RSVP studio.
  • The schedule fitting is subject to the availability of the RSVP team and the RSVP studio, provided that RSVP reserves the right, at any time and for any reason, to deny a request for schedule fitting.
  • Within twenty four (24) hours after requesting a schedule fitting, RSVP shall confirm with RENTER via email the availability of the selected schedule fitting.
  • Twenty four (24) hours before the schedule fitting, RSVP shall send an appointment reminder to RENTER via text message.
  • Should RENTER wish to postpone or cancel the schedule fitting, RENTER shall immediately notify RSVP.
  • Failure on the part of RENTER to arrive on time during the schedule fitting shall be deemed a cancellation of his/her appointment.

 

Section 4: Actual Fitting

 

    • During the schedule fitting, RENTER may view any available rental dresses, as selected by the RSVP Team, that match the fitting requirements entered by RENTER in his/her information profile.
    • During the schedule fitting, RENTER and/or any of his/her companions is strictly prohibited from performing any of the following acts:
  • Bringing any dress outside the RSVP studio;
  • Taking photos and/or videos of any dress; and
  • Taking photos and/or videos of RENTER wearing any dress (i.e. “selfies”)
    • Until a Rental Order is placed, no dress shall be reserved for RENTER.

 

Section 5: Rental Order

 

  • The placement of a Rental Order ensures the availability of the chosen dress to be rented (the “Dress”) during the Rental Period.
  • A Rental Order shall be placed only upon completion of the following:
  • Acceptance and signature of RENTER of the Rental Contract and the Rental Details Page; and
  • Payment by RENTER of the Reservation Fee.
  • Any balance on the payment of the total Rental Price shall be made at least on or before the Rental Release Date. Otherwise, the Reservation Fee shall be forfeited and the Rental Order shall be cancelled.
  • If RENTER’s scheduled event is within seven (7) days of date of the schedule fitting, RENTER shall have the option to immediately take home the Dress during the schedule fitting only upon full payment of the agreed Rental Price.

 

Section 6: Rental Period

 

  • The Rental Period is the duration between the Rental Release Date and the Returning Date as agreed upon by the Parties.
  • Rental Release Date – RENTER may pick-up the Dress anytime within seven (7) days before RENTER’s scheduled event.
  • Returning Date – RENTER must return the Dress within two (2) days after RENTER’s scheduled event unless otherwise agreed upon by the Parties.
  • Manner of Return – RENTER shall ensure that the Dress be dropped off in the RSVP studio on or before the agreed upon Returning Date.

 

Section 7: Rental Conditions

 

  • Ownership – RENTER fully acknowledges that any dress for rent is the sole and exclusive property of RSVP or its Partner. 
  • Limitations – RENTER is allowed to rent a maximum of four (4) dresses at any given time, provided that RSVP reserves the right to increase or decrease this number with respect to any or all RENTERs.
  • Condition of the Rental – RENTER fully acknowledges that he/she received the Dress in good condition, unless otherwise recorded in writing and signed by RSVP and RENTER or his/her duly authorized representative receiving the Dress.

 

Section 8: Payment

 

  • Subject to the terms and conditions of this Contract, RENTER shall pay RSVP the Rental Price set forth in the Rental Details page, attached hereto as “Annex A” and made an integral part hereof, in accordance with the foregoing:
  • RENTER shall pay a non-refundable Reservation Fee of Fifty Percent (50%) of the Rental Price upon reservation of the Dress.
  • Any balance on the Rental Price shall be paid on or before the Rental Release Date.
  • Non-payment of the balance on or before the Rental Release Date shall cause the automatic forfeiture of the Reservation Fee and the cancellation of the Rental Order.

 

Section 9: Non-Refundable Reservation Fee

 

The Reservation Fee is strictly non-refundable. Once a dress has been successfully reserved by payment of the Reservation Fee, RENTER may no longer refund the same in case of cancellation of the Rental Order by him/her for any reason.

 

Section 10: Dress Pick-Up and Return

 

  • On the Rental Release Date, RENTER or his/her authorized representative may pick up the Dress in the RSVP Studio.
    • For verification purposes, RSVP shall require the authorized representative to present his/her valid Government identification card and an authorization letter duly signed by RENTER signifying the representative’s authority to pick-up the Dress. A photocopy of RENTER’s identification card must also be attached to the authorization letter.
    • Failure to present any or all the aforementioned documents gives RSVP the right to withhold the releasing of the Dress.
  • It shall be RENTER’s duty to ensure timely collection and return of the Dress. RSVP shall not be liable for any delays or costs resulting from RENTER’s failure to pick-up the Dress on the Rental Release Date or to return the Dress on the Returning Date.
  • RENTER and/or his/her duly authorized representative assumes full responsibility for the care and maintenance of the Dress from the time that he/she receives actual possession thereof until its return in RSVP Studio.
  • The Dress shall be deemed to have been received by RENTER or his/her duly authorized representative in good order and repair, clean and without any damage, unless otherwise recorded in writing and signed by RSVP and RENTER or his/her duly authorized representative receiving the Dress. It shall be the duty of RENTER to return the Dress to RSVP in the same condition as it was received, unless otherwise agreed upon by the Parties.

 

Section 11: Dress Usage

 

  • RENTER shall not use the Dress other than for its intended purpose.
  • The Dress shall be used solely and exclusively by RENTER. RENTER is strictly prohibited from allowing anyone else to wear the Dress unless RENTER obtains the prior written consent of RSVP.
  • In case a dress is rented on behalf of another person, said dress cannot be used for any photo or video shoot, endorsement, advertisement, commercial, campaign, or other mass-media related event. The rented dress is strictly for the personal use of RENTER or, in case RENTER is a stylist, his/her client only, and may not be used for any purpose other than that for which it is intended. RSVP reserves the right to have full knowledge of the person who will use the dress and the event in which said dress will be used.
  • The Dress may be used only during the Rental Period or any extended period as agreed upon by the Parties.

 

Section 12: Penalty Charges for Late Return

 

  • RENTER shall be liable for penalty charges in the amount of Five Hundred Pesos (PHP 500.00) per day in case he/she fails to return the Dress on the scheduled Returning Date.
  • If return is not made within fourteen (14) days after the scheduled Returning Date, the Dress shall be considered as lost or damaged property.
  • RENTER acknowledges that failure to return the Dress as set forth in this Contract shall constitute as illegal possession thereof and RSVP may repossess the Dress wherever the same may be found and from whomsoever is in possession thereof. Any costs incurred by RSVP to retrieve the Dress shall be for the account of RENTER.

 

Section 13: Lost or Damaged Property

 

  • Upon return of the Dress, RSVP shall immediately inspect the same to determine if there has been any damage thereto.
  • RENTER shall indemnify RSVP for any lost or damage to the Dress while it is under the possession of RENTER and/or any of his/her authorized representatives.
  • RENTER shall be duly informed of the fees and costs of the rental of the Dress prior to its release. The Rental Details Page shall contain the following information:
    • Reservation Fee – this is the fee for reserving the Dress, which is strictly non-refundable
    • Rental Price – this is the cost of renting the Dress, which RENTER must pay in full before the Dress can be released to him/her
    • Retail Price – this is the retail price of the Dress
    • Settlement Fee – this is the fee that RENTER must pay to RSVP in case of lost or damage to the Dress
  • In case RENTER fails to return the Dress or he/she returns the Dress in damaged condition, RENTER shall be automatically liable to RSVP for the Settlement Fee of the Dress.
  • The determination of the extent of the damage of a dress shall be at the sole discretion of RSVP.

 

Section 14: Confidentiality Agreement

 

The identity and contact information of RSVP RENTERS AND PARTNERS shall remain confidential and shall not be disclosed to anyone except if legally ordered, required or authorized by government agencies to discharge any regulatory function, under any law or in relation to any order or judgment of a court and/or for the purpose of detection or prevention of crime, illegal/unlawful activities or fraud or for the apprehension or prosecution of offenders, or for an investigation relating to any of these.

 

Section 15: Trademarks

 

The trademarks, service marks, and logos (the "Trademarks") used and displayed through Our Services are Our registered or unregistered Trademarks, or of Our suppliers, or of Our Partners, or third parties, and are protected pursuant to applicable trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.

 

Section 16: Non-Expiration of Provisions

 

All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall continue despite the expiration or earlier termination of these Terms of Service.

 

Section 17: Right to Amend

 

Except for any provisions determining the primary contractual obligations of RENTER and RSVP, RSVP has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, market conditions, technology, payment methods, relevant laws and regulatory requirements and in system capabilities. Changes are effective immediately upon posting and RENTER’s continued use of any of Our Services following the posting of revised Terms of Service means that RENTER accepts and agrees to the changes, to the extent permitted by applicable laws.

 

Section 18: Injunction

 

RENTER acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause RSVP irreparable damage, for which the award of damages would not be adequate compensation. Consequently, RSVP may seek an injunction to prevent RENTER from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and RSVP may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief that RSVP may be entitled by law or in equity.

 

Section 19: Governing Law and Venue

 

These Terms of Service shall be construed and governed by the laws of the Philippines, without regard to the principles of conflict of laws thereof. RENTER and RSVP shall first discuss and attempt to resolve amicably any dispute arising out of or in relation to these Terms of Service. RENTER agrees and accepts that any legal action or proceeding shall be brought in the courts of Makati, Philippines and RENTER expressly waives any objection to personal jurisdiction, venue or forum non-conveniens. Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Service (including, but not limited to, any claims of breach of contract, tort, infringement), RENTER agrees that all such disputes/claims shall be resolved by means of a court trial conducted in the Makati courts, and RENTER expressly waives any right it may otherwise have to any trial outside Philippine jurisdiction.

 

Section 20: Notices

 

Legal notices may only be sent to the office address of RSVP at L509 North Joya Building Rockwell Center Makati 1223. However, notices to RENTER may be sent either to the email address or home address supplied by RENTER in his/her account information. In addition, RSVP may broadcast notices or messages through the Website to inform of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to RENTER to the extent permitted by applicable law.

 

Any notice or communication under these Terms of Service shall be deemed delivered to the party receiving such communication (a) if by personal delivery, on the delivery date; (b) if by registered mail or private courier, on the date of receipt by party after verification from the private courier or post office; (c) if by email, on the delivery date; or (d) within three (3) days after RSVP posts a notice on the Website.

 

Section 21: Force Majeure

 

RSVP shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure”). Force Majeure includes any act, event, non-happening, omission or accident beyond RSVP’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fiber optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.

 

Section 22: Terms of Use, Terms of Service, and Privacy Policy

 

RENTER agrees to comply with the Terms of Use, Terms of Service, and Privacy Policy. RSVP reserves the right to modify any of them at any time, and to the extent permitted by applicable law. The changes shall be effective immediately upon posting on the Website. RENTER’s continued use of any portion or all, of the Services, following the posting of any change or revision means that RENTER accepts and agrees to such change or revision.  In the event of an express conflict among the Terms of Use, Terms of Service and Privacy Policy, the Terms of Service shall prevail.

 

Section 23: Severability

 

If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.

 

Section 24: Waiver and Amendment

 

Any failure on the part of RSVP to insist upon strict performance of RENTER’s obligations under any of these terms and conditions or any failure on the part of RSVP to exercise any of the rights or remedies to which it is entitled under these Terms of Service shall not constitute a waiver of such rights or remedies and shall not relieve RENTER from compliance with such obligations. No waiver by RSVP of any default will constitute a waiver of any subsequent default, and no waiver by RSVP of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to RENTER in writing.

 

Section 25: Geographic Restrictions

 

Software, functionality, and/or features (collectively, “Service Functionality”), that may be available on or through Website from time-to-time, is subject to applicable laws. Although the Website may be accessible worldwide, RSVP makes no representation that materials on the Website are appropriate or available for use in locations outside the Philippines, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.

These Terms of Service were last updated on April 13, 2018

 

These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you (“PARTNER” or “you” or “your” as applicable) or, in case PARTNER is below eighteen (18) years old, his/her Legal Guardian, and RSVP.PH(“RSVP”, “we”, “us”, or “our” as applicable”) governing your use of the RSVP Website and submission of dress/es to the RSVP Dress Inventory (“collectively, “Services”) as more fully defined below in Section 1.

 

BY CLICKING ON THE CHECKBOX “I ACKNOWLEDGE THAT I HAVE READ AND I ACCEPT THE ABOVE TERMS OF SERVICE AND RSVP.PH’S PRIVACY POLICY AND TERMS OF USE”,  THE PARTNER OR HIS/HER LEGAL GUARDIAN THEREBY AGREES TO ABIDE BY THESE TERMS OF SERVICE (“Acceptance”). Furthermore, PARNTER and/or his/her Legal Guardian agrees that its assent, given electronically, will give rise to the same legal effect as if it had been personally signed by PARTNER and/or his/her Legal Guardian. To the extent permitted by law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Service for future reference.

 

These Terms of Service, together with the Website Terms of Use and the Privacy Policy, and if applicable, the Partner and Dress Details Page if the dress has been approved for inclusion in the RSVP Dress Inventory, constitute the sole and entire agreement between PARTNER and/or his/her Legal Guardian, as the case may be, and PARTNER with respect to the Services, and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms and conditions, both written and oral, with respect to the Services.

 

Section 1: RSVP and Our Services

RSVP is the best dressed solution for any dress code. RSVP is Manila's first luxury eveningwear rental service that reconsiders ‘occasion dressing’ into something easy and personal for every woman. Our studio carries a wide selection of designer gowns, in-house collections and pre-loved pieces to suit any occasion.

 

Section 2: Registration Procedure

 

  • PARTNER shall be qualified to include his/her dresses in the RSVP Dress Inventory only upon successful registration in the RSVP website.
  • Upon registration, PARTNER shall be required to provide personal information that is true, accurate, current, and complete in all aspects.
  • Should PARTNER’s registration information change, notification must be immediately made to RSVP in the manner prescribed in the website. RSVP shall not be held liable for any error in shipment, return, payment, e-mail or other matters should PARTNER fail to notify the changes in his/her registration information.
  • RSVP reserves the right to change any required registration information as needed and may further request additional information subsequent to PARTNER’s initial registration.
  • The account password of PARTNER shall be kept secured. RSVP must be immediately notified by PARTNER of any security breach or unauthorized use of PARTNER’s account.
  • You may register only one (1) RSVP Account. In case of duplicate accounts, We reserve the right to close or merge the duplicate accounts.
  • All activities and transactions made under RSVP Account shall be deemed as activities and transactions carried out by the registered user. You shall only use Our Services to transact on Your own account and not on behalf of any other person or entity.

 

Section 3: Dress Screening Process

 

  • After successful registration in the RSVP website, PARTNER may now upload a photo and a description of the dress that he/she wants to submit to the RSVP Dress Inventory.
  • The instructions on how to upload and submit the dress photo and details shall be indicated in the Website.
  • RSVP shall send an email notification to PARTNER if the dress has been approved for final screening or rejected.
  • Once a dress has been approved for final screening, PARTNER may now drop off the dress in the RSVP studio for personal inspection by RSVP.
  • RSVP shall send an email notification to PARTNER if the dress has been approved for inclusion in the RSVP Dress Inventory or rejected. If approved, the dress shall remain in the RSVP Dress Inventory for a consignment period of one (1) year. If rejected, PARTNER may pick up the dress in the RSVP studio.
  • RSVP reserves the right, at any time, to change the Dress Screening Process. Any changes in the process shall be immediately reflected in the Website.

 

Section 4: Commission Fee

 

  • PARTNER shall be entitled to a commission fee of twenty percent (20%) of the rental price of his/her dress for every time that his/her dress is rented out by RSVP.
  • PARTNER shall receive his/her commission fee on the first week of the month subsequent to the month when the dress was rented out and fully paid by the renter.
  • RSVP shall deposit the commission fee to the bank account of PARTNER registered under his/her personal information in the RSVP website. RSVP shall send a notice of the deposit transaction to PARTNER, which PARTNER shall confirm within five (5) days after receipt of the notice.  Non-confirmation by PARTNER within the aforementioned period shall be deemed that payment has been satisfactorily received.
  • PARTNER shall be informed of the status of the dress in his/her dashboard panel in the RSVP website.

 

Section 5: Dress Usage

 

  • RSVP obligates all RENTERS to not use a Dress other than for its intended purpose. The Dress shall be used solely and exclusively by RENTER and RENTER is strictly prohibited from allowing anyone else to wear the Dress unless RENTER obtains the prior written consent of RSVP.
  • A Dress is strictly for the personal use of RENTER or, in case RENTER is a stylist, his/her client only, and may not be used for any purpose other than that for which it is intended. RSVP reserves the right to have full knowledge of the person who will use the dress and the event in which said dress will be used.
  • The Dress may be used only during the Rental Period or any extended period as agreed upon by the Parties.

 

 

Section 6: Claim During Consignment Period

 

  • PARTNER shall not be allowed to claim his/her dress from RSVP during the consignment period except only if the dress has no upcoming and/or pending rental orders.
  • If PARTNER decides to claim the dress, which has no upcoming and/or pending rental orders, during the consignment period, the dress shall be temporarily removed from the RSVP Dress Inventory.
  • If PARTNER does not return the dress to RSVP within fourteen (14) days from the time of the claim, the dress shall be permanently removed from the RSVP Dress Inventory and the terms and conditions stated in the Partner and Dress Details Page shall be terminated.

 

Section 7: Lost or Damaged Property

 

  • PARTNER is well-aware of the risk of lost or damage to his/her dress once it is included in the RSVP Dress Inventory and rented out to the public.
  • RSVP shall not be held liable for any lost or damage to a dress while it is being rented out to the public.
  • In case a dress is lost or incurs irreparable damage, PARTNER shall be notified by email and shall be entitled to receive the settlement fee, aside from the commission fee, indicated in the Partner and Dress Details Page. 
  • The determination of the extent of the damage of a dress shall be at the sole discretion of RSVP.

 

Section 8: Return of the Dress

 

  • After the lapse of the one (1) year consignment period, RSVP shall send an email notification to PARTNER that the dress is ready for return and can be picked up in the RSVP studio.
  • PARTNER shall be given the option to renew the contract period of the dress if he/she wants it to be retained in the RSVP Dress Inventory.
  • RSVP reserves the right to return the dress to PARTNER at any time and for any reason.

 

Section 9: Release and Waiver of Quitclaim

 

Before a dress can be released from the RSVP Dress Inventory for any reason, the claiming PARTNER shall sign a Release and Waiver of Quitclaim, which effectively serves as a quitclaim, release, discharge and waiver of any and all actions of whatever nature, expected, real or apparent, that PARTNER may have against RSVP, its directors, officers, employees, agents and clients by reason of or arising from the claimed dress or this Contract.

 

Section 10: Confidentiality Agreement

 

The identity and contact information of RSVP PARTNERS and RENTERS shall remain confidential and shall not be disclosed to anyone except if legally ordered, required or authorized by government agencies to discharge any regulatory function, under any law or in relation to any order or judgment of a court and/or for the purpose of detection or prevention of crime, illegal/unlawful activities or fraud or for the apprehension or prosecution of offenders, or for an investigation relating to any of these.

 

Section 11: Trademarks

 

The trademarks, service marks, and logos (the "Trademarks") used and displayed through Our Services are Our registered or unregistered Trademarks, or of Our suppliers, or of Our Partners, or third parties, and are protected pursuant to applicable trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.

 

Section 12: Non-Expiration of Provisions

 

All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall continue despite the expiration or earlier termination of these Terms of Service.

 

Section 13: Right to Amend

 

Except for any provisions determining the primary contractual obligations of PARTNER and RSVP, RSVP has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, market conditions, technology, payment methods, relevant laws and regulatory requirements and in system capabilities. Changes are effective immediately upon posting and PARTNER’S continued use of any of Our Services following the posting of revised Terms of Service means that PARTNER accepts and agrees to the changes, to the extent permitted by applicable laws.

 

Section 14: Injunction

 

PARTNER acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause RSVP irreparable damage, for which the award of damages would not be adequate compensation. Consequently, RSVP may seek an injunction to prevent PARTNER from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and RSVP may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief that RSVP may be entitled by law or in equity.

 

Section 15: Governing Law and Venue

 

These Terms of Service shall be construed and governed by the laws of the Philippines, without regard to the principles of conflict of laws thereof. PARTNER and RSVP shall first discuss and attempt to resolve amicably any dispute arising out of or in relation to these Terms of Service. PARTNER agrees and accepts that any legal action or proceeding shall be brought in the courts of Makati, Philippines and PARTNER expressly waives any objection to personal jurisdiction, venue or forum non-conveniens. Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Service (including, but not limited to, any claims of breach of contract, tort, infringement), PARTNER agrees that all such disputes/claims shall be resolved by means of a court trial conducted in the Makati courts, and PARTNER expressly waives any right it may otherwise have to any trial outside Philippine jurisdiction.

 

Section 16: Notices

 

Legal notices may only be sent to the office address of RSVP at L509 North Joya Building Rockwell Center Makati 1223. However, notices to PARTNER may be sent either to the email address or home address supplied by PARTNER in his/her account information. In addition, RSVP may broadcast notices or messages through the Website to inform of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to PARTNER to the extent permitted by applicable law.

 

Any notice or communication under these Terms of Service shall be deemed delivered to the party receiving such communication (a) if by personal delivery, on the delivery date; (b) if by registered mail or private courier, on the date of receipt by party after verification from the private courier or post office; (c) if by email, on the delivery date; or (d) within three (3) days after RSVP posts a notice on the Website.

 

Section 17: Force Majeure

 

RSVP shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure”). Force Majeure includes any act, event, non-happening, omission or accident beyond RSVP’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fiber optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.

 

Section 18: Terms of Use, Terms of Service, and Privacy Policy

 

PARTNER agrees to comply with the Terms of Use, Terms of Service, and Privacy Policy. RSVP reserves the right to modify any of them at any time, and to the extent permitted by applicable law. The changes shall be effective immediately upon posting on the Website. PARTNER’s continued use of any portion or all, of the Services, following the posting of any change or revision means that PARTNER accepts and agrees to such change or revision.  In the event of an express conflict among the Terms of Use, Terms of Service and Privacy Policy, the Terms of Service shall prevail.

 

Section 19: Severability

 

If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.

 

Section 2O: Waiver and Amendment

 

Any failure on the part of RSVP to insist upon strict performance of PARTNER’s obligations under any of these terms and conditions or any failure on the part of RSVP to exercise any of the rights or remedies to which it is entitled under these Terms of Service shall not constitute a waiver of such rights or remedies and shall not relieve PARTNER from compliance with such obligations. No waiver by RSVP of any default will constitute a waiver of any subsequent default, and no waiver by RSVP of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to PARTNER in writing.

 

Section 21: Geographic Restrictions

 

Software, functionality, and/or features (collectively, “Service Functionality”), that may be available on or through Website from time-to-time, is subject to applicable laws. Although the Website may be accessible worldwide, RSVP makes no representation that materials on the Website are appropriate or available for use in locations outside the Philippines, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.