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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
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
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.
This Privacy Policy was last modified on 10 April 2018.
INTRODUCTION
Welcome to RSVP.PH (“RSVP”)! 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. Here in RSVP, we care about your privacy. This Privacy Policy (the “Policy”) is meant to help you understand the collection, use and disclosure of personal information, which we receive when you enter and use our website, www.rsvp.ph (the “Website”) and/or when you fill up our data forms. We hope that you will take time to read the Policy carefully because we value your trust in us, especially with regard to the security of your personal information.
LEGAL MATTERS
All information and data collected in the Website and our data forms are treated with strict confidentiality as mandated by the Data Privacy Act of 2012 (RA 10173). No data or information will be disclosed to third parties without your written permission or a valid order from the court and/or other government agencies.
CONSENT
Any person who enters and makes use of the Website and avails of the services of RSVPsignifies their agreement to be bound by the Policy. By using any part of the Website and availing of our services, you consent to the collection and use of your personal information as outlined in the Policy as well as the collection, processing and maintenance of this information in the Republic of the Philippines, and if applicable, other countries. If you do not agree to the terms of the Policy, you must promptly discontinue using the Website and our services.
REGISTRATION
In order to access the contents of our Website and avail of our services, we will require you to register with us by creating your own personal RSVP account. When you register, you will be asked to provide certain personal information about yourself and/or your company, whichever is applicable. Personal information encompasses data that can be used to identify an individual. The Policy strictly requires that the information you provide us, at any given time, be true, accurate, current and complete. Furthermore, you must ensure that such information is kept accurate and up to date.
PURPOSE OF COLLECTING PERSONAL INFORMATION
Our primary purpose in collecting, holding, and using your personal information is for the facilitation, promotion, and improvement of our goods and services. We only collect information that we consider necessary for achieving this objective.
If you register with us, your personal information may be used for any of the following activities:
Rest assured, we will treat any information that you give us with the utmost confidentiality. However, we may pass this information on to other businesses who perform functions or services on our behalfsuch as legal services, IT services, call centers, gateway providers, organizations that assist us to check or prevent unauthorized or fraudulent transactions, or those otherwise required by law. We will request any third party, with whom your personal information is disclosed, to also treat the information as confidential and to protect it in a manner consistent with this Policy. We may also use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
PERSONAL INFORMATION
We collect and hold personal information that is reasonably necessary for the operation of our business including,but are not necessarily limited to, the following:
Personal information is collected whenever you do the following:
We may also collect personal information about you by accessing data from other sources. We may analyze that data together with your records with us in order to learn more about your preferences and interests. When you visit the Website, click on our online advertisements, or visit our social media, we may collect information about you using technology which is not apparent to you, such as in the instance of “cookies”.
HOLDING OF PERSONAL INFORMATION
All the personal information that we collect is safely stored in our records database, which consists of web servers and hard copies of files. Please note that our servers may be operated by us and/or by our service providers. Your personal information is password-protected to prevent unauthorized access to it. You should not divulge your password to anyone.In any case, we have ensured security measures aimed at eliminating risks of unauthorized access to, and loss, misuse or wrongful alteration of personal information.
DISCLOSURE OF PERSONAL INFORMATION
Personal Information may be disclosed to third parties in order for RSVP to effectively manage its business. These third parties include, but are not necessarily limited to, the following:
LINKED SITES
The Website may contain links to third party sites.RSVP is not responsible for such third party sites. Any personal information that you provide to said sites will not be covered by the Policy.
AUTOMATIC COLLECTION OF TECHNICAL DATA
Information about your computer hardware and software may be automatically collected by the Website. This information may include, among others, your IP address, browser type, domain names, access times and referring website addresses. This information is used for the continued maintenance and operation of our services and to provide general statistics regarding the use of the Website.
SECURITY
We use reasonable security measures to protect against the loss, unauthorized access, misuse, alteration and destruction of personal information under our control, both during the transmission and reception of data. Although we do our best to protect and maintain the security of information, we cannot guarantee that it will remain free from unauthorized access, use, disclosure, or alteration. This is because the transmission of data over the Internet or any method of electronic storage, particularly via public computers, is never fully secure. Thus, you are responsible in securing your personal password and user credentials.
USER ACCESS AND CORRECTION OF PERSONAL INFORMATION
You will be provided with access to your own personal information except in limited circumstances recognized by law. If you wish to access your personal information or inquire about privacy, you may do so by contacting us. However, note that we may require you to show proof of identity before allowing you access to your personal information stored in our database.
COMPLAINTS
If you have any issues or complaints regarding our privacy rules or any breach of privacy, please feel free to bring it to our attention via a written notice. Thereafter, your written complaint will be thoroughly discussed and investigated by our personnel, service providers, and/or other responsible agencies. Rest assured that we will do our best to address your concerns in a timely manner and promptly inform you the outcome of the investigation.
COOKIES STATEMENT
Cookies may be arranged (“set”) by us or by others under an arrangement with us, such as companies that analyze information. We may also access information from cookies set by others (“3rd party cookies”).
POLICY FOR CHILDREN USING THE WEBSITE
The Website does not knowingly solicit any personal information from persons under the age of eighteen (18) years old. In addition, the Website does not knowingly obtain, retain or use information from anyone who indicates that they are under the age of eighteen (18) years old. Accordingly, minors may be restricted from participating in certain features and transactions on the Website and our services.
However, in case of usage by a minor, RSVPassumes that said minor obtained the consent of his/her legal guardian. Thus, the terms and conditions of this Policy shall be binding on both minor and his/her legal guardian.
Nevertheless, if you are the parent or legal guardian of a person under eighteen (18) years old who has registered on the Website or you believe has otherwise provided personal information to RSVPwithout your consent, please contact us immediately so that we can terminate the account of the concerned child and delete all relevant information connected with it.
CHANGES TO THE PRIVACY POLICY
We reserve the right to change the Policy periodically. Any material changes to this Privacy Policy will be posted in the Website so that you are always aware of what personal information is collected, how that information is used, and under what circumstances that information may be disclosed. Since the Policy may change from time to time, we may require you to review it before you provide us any additional personal information. Your continued use of the Website following the posting of changes to the Policy will signal your acceptance of such changes
CONTACT US
For any questions, comments, issues, or requests regarding the Policy of the Website and/or our services, please do not hesitate to contact us through the following: