If you are a User based in Europe but outside the UK, you agree to the applicable supplement terms that are included at the end of this Agreement, so please review them carefully.
By using (and in return for us providing) the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our websites or use our software without registering) or you are a “Member” (which means that you have registered to create an account with vestico). If you are a “Member” you will need to confirm your acceptance to this Agreement prior to creating your account. The term “you” or “User” refers to a Visitor or a Member. The term “we” or “our” refers to vestico. You may not use the Service and you may not accept this Agreement if you are not at least 18 years of age. If you do not agree to this Agreement, please don’t use the Service.
As part of the Service, we provide you with a suite of tools that allows Users to browse products from third party merchants, upload pictures, and view pictures of other Users to help make informed purchase decisions. The Service also includes our vesticoins and any other offerings described below.
The Service is provided to you by vestico as a free service.
All products you purchase from a third-party merchant linked from the vestico Website or app are: (a) priced by the applicable third-party merchant (including but not limited to whether such prices include any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by vestico. vestico is not a re-seller or distributor of any products of third-party merchants displayed within the Website, nor is it a party to any purchase agreements entered into between you and any third-party merchants.
You agree that your purchase from a third-party merchant is subject to the merchant’s own terms and conditions applicable to such purchase. You agree that vestico is in no way responsible or liable to you for any products you purchase from third-party merchants, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions.
If you are unhappy with your product purchase, if you wish to return your product, if you ordered a product and it has not arrived, or if you have another customer service inquiry regarding your purchased product, you will need to contact the specific third-party merchant of that product to address such an inquiry. You agree that the third-party merchant (and not vestico) is responsible for its communications with you regarding your purchases, and that vestico is in no way liable to you for any emails or other notifications from the third-party merchant that you receive or fail to receive. If there is a dispute between participants on our Service, or between Users and any third-party (including a merchant from whom you purchase a product), you agree that vestico is under no obligation to become involved. In some cases, vestico may, at its sole discretion, communicate with the merchant directly to attempt to resolve issues with the purchase process.
While we attempt to be as accurate as we can in our descriptions for the products shown on the Website, we cannot promise that such product descriptions are accurate, complete, up to date or error-free. Some of the information regarding products provided on our Service comes from the relevant third-party merchant(s) – this information is the responsibility of the third-party merchant(s) and again we cannot promise that this information is accurate, complete, up-to-date or error-free. Please consult the product information on the third-party merchant’s website to confirm full product details.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use vestico. We do not promise that the vestico extension or Website can be accessed and used on any particular mobile device or with any particular service plan. We do not promise that vestico will be available in, or that orders for products can be placed from, any particular geographic location.
vestico cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. vestico cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. Please ensure that you back-up any communications, information and content which you may require to continue to access in such situations.
We sometimes use specially formatted links for which we receive a commission on resulting sales or clicks from affiliate partners (“Affiliate Links”).
vestico does not endorse or guarantee the products or services available through the Affiliate Links (or any other third-party products or services advertised, presented on or linked from any portion of our Services), whether or not sponsored. vestico is not an agent, distributor, re-seller or broker for such third-parties or the activities or policies of those websites or the products or services available on them. vestico does not promise that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third-party via our Service are the best prices, terms or lowest rates available in the market.
Where you carry out certain activities via our Service, (including uploading pictures of you wearing a selected item via our app) you will earn rewards points that we call “vesticoins”. vesticoins is awarded where you complete a certain action using the Service, most commonly by uploading pictures of you wearing clothes presented in our Service. Where vesticoins is applicable to a particular action, this will be indicated on the Service. Once you accumulate enough vesticoins, you can log in and redeem it for a gift card on the vestico Service. Selection of merchant gift cards may vary based program availability. Use of a third-party merchant gift card at a selected merchant will be subject to the merchant’s own terms of service. In the event that gift cards allow for charitable contributions, vestico shall not be responsible for providing a certificate of accreditation.
We can afford to give you vesticoins because these offers are designed to share with you a portion of an affiliate commission paid by a third-party merchant to us. As such we can only provide vesticoins to you when an action is successfully completed and tracked and after we are paid the relevant commission by the third-party merchant. If we are ultimately unable to recover payment from the relevant third-party merchant, then vestico shall have no obligation to provide any vesticoins to you for the action performed by you. This includes instances where there are difficulties in tracking a transaction due to your use of an ad blocker or interaction with another affiliate program. To ensure you are eligible for vesticoins in relation to a transaction, we may require you to provide copies of your order confirmation, order number, or other proof of purchase. Additionally, you must be a Member in order to participate in the vesticoins program.
Attribution of vesticoins is subject to successful verification of the uploaded pictures according to the picture guidelines presented in the Service and upon proof of the veracity of the item submitted. We hold the right to refuse vesticoins if, in our view, the pictures uploaded are not up to the accepted standards.
If you have any trouble using vesticoins then please contact us at email@example.com and we will try to figure out what went wrong. In our sole discretion we may choose to award you vesticoins if you provide enough information about your transaction. Please note that to prevent abuse your account may become ineligible for vesticoins if tracking your transactions becomes an issue. Basically, we’re going to try to be good people and we hope you choose to do the same. This only works if everyone plays fairly.
vesticoins is not transferrable (i.e. it is personal to each User) and can expire as further explained below.
To maintain your vesticoins points, you must earn at least 10 vesticoins points during each consecutive 12-month period. To the maximum extent permitted by applicable law, if you do not earn at least 10 new vesticoins points in each 12-month period, your vesticoins points balance will automatically reset to zero (0). To the maximum extent permitted by applicable law, you agree that any disputes about whether your vesticoins points should expire will be resolved by vestico in its sole discretion, and you agree to abide by vestico’s resolution of such dispute.
Periodically vestico may make you offers to receive vesticoins for taking actions to promote the Service (collectively “Rewards Programs”). We may institute a limit on how many times you can receive each type of reward. These limits will vary from program to program and will be communicated to you. If you have questions about how many times you can participate in each Rewards Program please contact us. vestico reserves the right to withhold or retract vesticoins if it was accumulated through deceptive, artificial, or illegal means designed to cheat or game the program. (For instance, if you try to accumulate vesticoins through use of a bot network, fake or edited pictures, purchased email lists for unconsented referrals, or by engaging in repeated purchase-return behavior.) Unless doing so would put us at risk, in such cases, vestico will notify you.
vestico reserves the right at any time to cancel, modify, or restrict any aspect of our Rewards Programs, including any point conversion ratios, redemption offers, expiration terms, etc. vestico reserves the right to apply such changes retroactively to rewards already accrued under any Rewards Program, if it determines that you have done so in violation of this Agreement.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information.”
If you become aware of any unauthorised use of your Registration Information, you agree to notify vestico immediately.
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non- commercial purposes. Subject to your compliance with this Agreement, vestico hereby grants to you, a right to: (i) use the software and content provided to you as part of the Services for personal, non-commercial purposes; (ii) download a single copy of our software for such use; (iii) make a further copy of the software as necessary for back-up purposes only; and (iv) print a copy of information provided in the Service for your personal, non-commercial use.
Accurate records enable vestico to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by vestico. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.
You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
If you infringe the rules above, we may immediately suspend or terminate your right to use or access the Services.
Automatic notifications may be sent to you following certain changes made online to your vestico account, such as a change in your Registration Information.
Voluntary account notifications relating to the operation of the Service may be turned on by default as part of the Service. They may then be customised, deactivated or reactivated by you. These notifications allow you to choose alert messages for your accounts. vestico may add new notifications from time to time, or cease to provide certain notifications at any time, subject always to the provision above (i.e. you will still be able to customise, activate and deactivate etc. these notifications). Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service.
Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your notifications.
Because notifications are not encrypted, we will never include your passcode. However, notifications may include your vestico login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. At any time you may disable certain notifications, although we may still send you Service-related notices as needed to allow us to provide you the Service.
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to vestico through the Service, then (except for User Content, to which the specific rules below apply) you hereby give vestico permission to use that content solely for the purpose of providing the Service. vestico may use and store the content, but only to provide the Service to you. By submitting this content to vestico, you represent that you are entitled to submit it to vestico for use for this purpose, without any obligation by vestico to pay any fees or other limitations.
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under copyright, trademark and other laws. The contents of the Service belong or are licensed to vestico or its software or content suppliers. vestico grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service other than as expressly permitted in this Agreement and without our prior written consent, is prohibited. If you would like to request such permission, shoot us an email at firstname.lastname@example.org.
You agree that you will not do stuff to make it harder for other Users to enjoy our Service. We’d prefer not to have to list all of these things here, so don’t make us.
As part of the Service, vestico may allow Members to post content on various publicly available locations in the Service (“User Content”). You agree in posting User Content to follow the following rules:
You are responsible for all User Content you submit to the Service.
By submitting User Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access and use your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Service and otherwise. We do not have to attribute your User Content to you. We reserve the right to remove any User Content you put on the Site.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
We do not take responsibility or liability for any User Content including any such content that is defamatory, loss of User Content, or contains incorrect information. vestico accepts no obligation to screen, monitor, or edit any User Content but reserves the right to remove, screen and/or edit any User Content without notice and at any time. The views expressed by other users on the Service do not represent the views or values of vestico and therefore we do not take any liability.
You may not interfere with other Users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
You agree that any User content you provide complies with the terms of the Service, and that you will be liable to vestico and indemnify vestico for any breach of that warranty. This means you will be responsible for any loss or damage the Service suffers as a result of your breach of this warranty.
Please contact us at email@example.com to inform us about User Content that is, in your view, in disagreement with the terms of the Service.
The Service is provided on an “as is” basis. vestico specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing or usage of trade.
We are not responsible for loss or damage resulting from your use of the Service that is not ‘foreseeable'. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agree to this Agreement, both you and we are aware that it might occur.
The Service is provided for personal, non-commercial use only. We have no liability for any loss of profit, loss of business, loss of contract, business interruption, or loss of business opportunity in connection with your use of the Service.
We don’t exclude or restrict (including in the provisions below) our liability in any way that would be unlawful, including our liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
This Agreement will continue to apply until terminated by either you or vestico as set out below.
If you want to terminate this Agreement, you may do so immediately at any time by closing your account for the Service. Please use the directions below to cancel your account, only if you have created a Membership. Otherwise just uninstall vestico and stop visiting our Website and using other Services.
Email firstname.lastname@example.org to cancel your account. Upon doing so: your account will be closed, your vesticoins account will be zeroed out, and your ability to log in deactivated (so be sure to redeem any vesticoins you accumulated beforehand); and
vestico may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your Registration Information. Unless the reason for vestico doing this is that you have breached this Agreement in a serious way, in these circumstances, we will let you redeem your remaining vesticoins.
vestico may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website, and will be effective at the time of posting, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will provide a notice to you of at least 30 days in email (or by way of other reasonable means). In addition, the Agreement will always indicate the date it was last revised.
By continuing to use our services after any changes to this Agreement take effect, you agree to be bound by those changes. If you do not agree to the changes, you are free to exercise your right to stop using the Service and terminate this Agreement (as above).
This Agreement, and your relationship with vestico under this Agreement, shall be governed by the laws of England and Wales. However, if you are based outside England and Wales, the additional consumer rights and protections you are entitled to under the laws of the country in which you are based will also apply.
In the event of any dispute which you are not able to resolve by contacting us, you can bring legal proceedings in the courts. Alternatively, you may submit any dispute to the European Commission Online Dispute Resolution platform for online resolution, accessible [here].
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect (and the specific provision deemed invalid or unenforceable will be enforceable as far as permitted).
You agree that if you breach this Agreement and vestico does not immediately exercise or enforce any legal right or remedy which it has (including e.g. to terminate this Agreement), this will not prevent vestico from doing so at a later date.
vestico welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at email@example.com or writing us at unicorn land
If you are a User based in Europe but outside the UK, some differences to the terms of this Agreement will apply. These will depend on the country in which you are based and are set out below. Please review these carefully, as they form part of the Agreement.
The section entitled “Limitations on vestico’s Liability” above does not limit or exclude vestico’s liability for gross negligence in respect of users based in Germany.
Despite the section ‘Governing Law and Forum for Disputes' above, if you are a user based in Italy then any dispute between you and vestico regarding this Agreement will only be dealt with by the courts of the place in which you are domiciled or resident.
You may also apply for an out-of-court mechanism to solve any dispute relating to this Agreement (in accordance with Sections 141 – 141 decies of the Italian Consumers' Code, 6 September 2005 no. 206). By way of example, you may utilise or consult the European Online Dispute Resolution platform referred to above.
Kemp House 160 City Road
London EC1V 2NX