If you are based in Canada, Australia or New Zealand, 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 accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to this Agreement, please don’t use the Service.
We really want to make sure you read this next part so we’re going to use all-caps: THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
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.
Using the vestico Mobile App from Apple App Store and Google Play Store: The following terms and conditions apply to you if you are using the vestico Mobile App from the Apple App Store or Google Play Store. To the extent the other terms and conditions of the rest of this Agreement conflict with the terms and conditions of this paragraph, the terms and conditions in this paragraph apply, but solely with respect to your use of the vestico Mobile App from the Apple App Store or Google Play Store:
You acknowledge and agree that this Agreement is solely between you and vestico, not Apple or Google, and that Apple and Google have no responsibility for the vestico Mobile App or content thereof. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the vestico Mobile App.
In the event of any failure of the vestico Mobile App to conform to any applicable warranty, you may notify Apple or Google, as applicable, and they will refund the purchase price you paid to install the vestico Mobile App, if any, to you.
To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the vestico Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement.
You and vestico acknowledge that Apple and Google are not responsible for addressing any claims of yours or any third-party relating to the vestico Mobile App or your possession and/or use of the vestico Mobile App, including, but not limited to: (a) product liability claims, (b) any claim that the vestico Mobile App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
You and vestico acknowledge that, in the event of any third-party claim that the vestico Mobile App or your possession and use of the vestico Mobile App infringes that third-party’s intellectual property rights, vestico, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You must comply with applicable third-party terms of agreement when using the vestico Mobile App.
You and vestico acknowledge and agree that Apple and Google, and their subsidiaries, as applicable, are third-party beneficiaries of this Agreement as its relates to your license and use of the vestico Mobile App, and that, upon your acceptance of this Agreement, Apple or Google (as applicable) will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
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.
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.
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 within the vestico Mobile App), you agree that vestico is under no obligation to become involved. To the maximum extent permitted by applicable law, in the event that you have a dispute with one or more other users, you release vestico, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
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 firstname.lastname@example.org 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 personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license 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 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.
As part of the vestico Mobile App and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, emails or other types of messages directly sent to you outside or inside the vestico Mobile App (“Push Messages”). You acknowledge that, when you use the vestico Mobile App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the vestico Mobile App or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the vestico Mobile App, including your receipt of Push Messages from vestico.
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 email@example.com.
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 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 firstname.lastname@example.org to inform us about User Content that is, in your view, in disagreement with the terms of the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. VESTICO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
VESTICO MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. VESTICO MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. vestico does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that vestico shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third-party in reliance on a notification.
VESTICO SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF VESTICO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, VESTICO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF VESTICO SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
You shall defend, indemnify and hold harmless vestico and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees and other legal expenses, in whole or in part arising out of or attributable to your use of the Service (including any purchases you make within the vestico Mobile App) or any breach of this Agreement by you or your violation of any law or the rights of a third-party when using the Service.
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 email@example.com 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, to reflect: (i) technological developments; (ii) changes to the Service; and (iii) changes to law and regulation. Any and all changes to this Agreement will be posted on the Website. In addition, the Agreement will always indicate the date it was last revised. These changes will not be retrospective (i.e. they will only apply from the date notified, or any later date stated in the notification). 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). You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to vestico Ltd., Kemp House 160 City Road, London EC1V 2NX, United Kingdom
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND VESTICO ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
If you do not want to arbitrate disputes with vestico and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to firstname.lastname@example.org within thirty (30) days of the first date you access or use the Service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
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].
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210.
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.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
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 accessing or using our Services in Canada, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in Canada:
Application of the Canadian Provincial Consumer Laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of Canadian provincial consumer laws, including any applicable statutory consumer guarantees and rights, contained in Canadian provincial law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.
Governing Law for Consumers Residing in Quebec. If you reside in Quebec, the Agreement will be governed the laws of the Province of Quebec, without giving effect to any principles of conflicts of laws.
Commercial Electronic Messages: We will obtain your consent where required by law to send you Electronic Notifications, Push Messages or emails about our own and third-parties' goods and services that may be of interest to you.
If you are accessing or using our Services in Australia, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in Australia:
Application of the Australian Consumer Law. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), including any applicable statutory consumer guarantees, contained in the Australian Consumer Law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law, including the Australian Consumer Law, if applicable.
Indemnity. You will not be obliged to indemnify vestico under the section titled ‘Your Indemnification of vestico’ to the extent that any claims and expenses arise from the negligence or wilful misconduct of vestico, its officers, directors, shareholders and employees.
Modification. Where vestico modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification.
vesticoins. Except in the event fraud, any cancellation, modification or restriction of any aspect of our Rewards Programs (including vesticoins) will be effective on our provision of reasonable notice to you, where practicable, and will not apply retroactively.
Marketing and communications. Subject to your right to unsubscribe under ‘Your Registration Information’, you consent to receiving, and our use and disclosure of your personal information in order to send you, sponsored links from advertisers, third-party offers, vestico Offers, personalized links or other electronic notifications, which may be of interest to you.
If you are accessing or using our Services in New Zealand, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in New Zealand:
Application of New Zealand consumer laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of mandatory provisions of New Zealand consumer law, such as the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.
Indemnity. You will not be obliged to indemnify vestico under the section titled ‘Your Indemnification of vestico’ to the extent that any claims and expenses arise from the negligence or other unlawful act or omission of vestico, its officers, directors, shareholders and employees.
Modification. Where vestico modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification.
vesticoins. Except in the event fraud, any cancellation, modification or restriction of any aspect of our Rewards Programs (including vestico Gold) will be effective on our provision of reasonable notice to you, where practicable, and will not apply retroactively.
Commercial Electronic Messages: We will obtain your consent where required by law to send you Electronic Notifications, Push Messages or emails about our own and/or third-parties' goods and services that may be of interest to you. We will comply with all applicable legal requirements in relation to the electronic messages we send you, and will ensure that any text messages you receive are not billed to you unless you have specifically consented to the associated fees and charges.
Kemp House 160 City Road
London EC1V 2NX