Terms & Conditions
WELCOME TO POCKET WARDROBE. BY ACCESSING AND USING OUR SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SERVICE.
1. The Service
Pocket Wardrobe provides an online community-based fashion platform (the “Service”) through which users who have registered with Pocket Wardrobe (“users”) can connect with stylists, retailers and brands (“Retailers”) and other users to post and receive questions, comments, suggestions and offers and to engage in general discussion on fashion-related matters. The Service is provided through Pocket Wardrobe’s mobile and tablet application (the “App”) and/or through our website at www.pocketwardrobe.com (the “Site”) and includes all associated services and software and the audio, visual or other content uploaded, downloaded or otherwise made available through the App or the Site, now or in the future (the “Content”).
2. Our contract with you
2.1. Your access to and use of the Service is conditional upon your acceptance of and compliance with these User Terms and Conditions and, with respect to the App, the terms of the EULA that you agreed to at the time of download from the Apple AppStore. By accessing and using the Service you agree to be bound by these User Terms and Conditions. It is important that you take the time to read them carefully.
2.2. These User Terms and Conditions form a legally binding agreement between you, the user of the Service (“you” or the “user”) and Pocket Wardrobe Limited, a company registered in England and Wales with company number 08486803 (“Pocket Wardrobe”, “we” or “us”) and with its registered address at The Cobalt Building, 19-20 Noel Street, London W1 8GW, United Kingdom.
2.3. We reserve the right to modify these User Terms and Conditions at any time without notice. If in our sole discretion we consider a modification to these User Terms and Conditions is material, we will notify you via an email to the email address associated with your Account or via a notification within the Service. Modifications and additions to the Service itself are also subject to these User Terms and Conditions. Your continued use of the Service after these User Terms and Conditions or the Service has been modified will constitute your acceptance of any change.
3. Using the Service
3.1. You do not have to pay to use our Service.
3.2. You agree to use the Service only for lawful purposes and only in compliance with (i) all applicable local, national and international laws and regulations connected with the Service, (ii) these User Terms and Conditions, and (iii) any reasonable instructions, regulations and guidelines that Pocket Wardrobe may issue on the App or Site or otherwise in relation to the Service from time to time.
3.3. You acknowledge and agree that any Content you submit to the Service, other than Content you submit via the private messaging service on the App or Site (“Private Content”), will be freely available to all other users of the Service. As a user, you cannot use the Service to initiate a private conversation – only Retailers and Pocket Wardrobe can do this. However, you may submit Private Content in response to a private message received from a Retailer or from Pocket Wardrobe through the Service. Any Private Content you submit will be available only to the relevant Retailer who contacted you via the private messaging service, and to Pocket Wardrobe. You may at any time and for any reason block a Retailer from contacting you via the private messaging service but you cannot block Pocket Wardrobe from contacting you.
3.4. When using the Service, you must not:
• abuse (whether written, verbal, physical or otherwise) any other user, Retailer or any employee or representative of Pocket Wardrobe, and this includes using language which might be offensive;
• falsely imply association with the Service, Pocket Wardrobe, any other Pocket Wardrobe product or service, or any Retailer or other user;
• resell, reproduce or otherwise exploit any part of the Service without the express written permission of Pocket Wardrobe;
• use the Service for the purpose of sending unsolicited “spam” email, viruses, worms, or any other similar contaminating or destructive features or messages;
• use the Service for the purpose of (in our sole discretion) systematically collecting personal data about other users;
• store or transmit Content which contains links to, or hints and/or gives indications about, another website which permits any of the prohibited activities listed above;
• upload or post any Content (including audio or visual materials) to which you do not have the necessary rights; or
• attempt to circumvent or disable any technological protection measures contained in or used to protect Content, or use any Content from which such protection has been illicitly removed, in breach of these User Terms and Conditions or otherwise.
4.1. To use the Service you will need to register your details and create a Pocket Wardrobe account (“Account”). You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. To create and hold an Account, you must:
• be an individual or other legal person or entity (automated signups, whether in bulk or not, are forbidden);
• not share your Account (only one person may use each Account);
• not use or maintain more than one Account;
• choose a password to access your Account. You are responsible for safeguarding your password. You are responsible for any activities or actions carried our under your Account, and disclosure of your password to any other person is entirely at your own risk. We encourage you to use “strong” passwords with your Account. Pocket Wardrobe will not be liable for any loss or damage arising from your failure to comply with these requirements;
• agree to comply with these User Terms and Conditions;
• provide true, accurate, current and complete information about yourself (including your name and email address) as prompted by the registration form (“Registration Data”) and as otherwise required for use of the Services. You are responsible for maintaining your Registration Data and other profile information to ensure it remains accurate and up to date;
• choose a “display name” which is how you will be known in the community. This display name must not be offensive, vulgar, deliberately impersonate another person so as to cause deception or violate any trademark or copyright. Pocket Wardrobe reserves the right to delete any display name it deems inappropriate for any reason at any time.
4.2. When you register for an Account with us, you consent to receive email and other communications from us; if you do not wish to receive such communciations you should not register for an Account.
5.1. You agree not to submit any material that is abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in our sole discretion.
5.2. You agree not to submit material (including audio or visual material), as part of your Content, that belongs to anyone other than you or is otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you have written permission from the rightful owner to submit such material to the Service and to grant us all necessary rights in accordance with these User Terms and Conditions.
5.3. Other users may place or otherwise associate tags or comments with Content you have submitted. Such tags or comments may misrepresent your Content, may rate your Content, or may be otherwise disparaging, embarrassing, or unfavourable. We actively encourage all users to be respectful of other users, and the Content they submit as users. If you do encounter Content which is offensive, you may report it to us using the report function within the Service, and we may (but are not obliged to) investigate the matter.
5.4. We may in our sole discretion remove any Content (including your Private Content) from the Service at any time without liability.
5.5. Pocket Wardrobe provides the Service as a platform for users and Retailers to use, and does not, as a matter of policy, review, control, monitor or moderate any of the Content on the Service, including tags or comments placed by users. Pocket Wardrobe is in no way responsible for any such Content. Any use or reliance on any Content posted via the Service or obtained by you through the Service is at your own risk.
5.6. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliablity of any Content or the views expressed by any user or Retailer. Pocket Wardrobe may, but is not obliged to, monitor and take action regarding inappropriate conduct. You understand that by using the Service, you may encounter language or other material that you consider inappropriate or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Pocket Wardrobe with respect to any such Content.
5.7. Content posted to the App or the Site may be subject to copyright protection and other restrictions imposed by the holder of the copyright to such Content. You are solely responsible for determining whether your use of material submitted to the Service is lawful. However, we may respond to any notice given to us of copyright infringement, libel, slander or obscenity in accordance with applicable laws. We reserve the right to remove Content from the App or Site for any reason at any time without liability.
6. Closing your Account
6.1. We reserve the right to suspend or terminate your Account and refuse all future use of the Service, or any other Pocket Wardrobe service, for any reason at any time, including but not limited to your breach of these User Terms and Conditions (particularly with illegal or fraudulent activities or copyright or other intellectual property rights abuse).
6.2. Pocket Wardrobe may suspend or terminate the Service at its sole discretion. Such suspension or termination of the Service will result in temporary or permanent blocking of your access to the App or the Site and may result in the deletion of your Content from the App or the Site. We reserve the right to refuse access to the Service to any individual at our sole discretion.
6.3. You may terminate your Account at any time by sending us a request via the Service.
6.4. On termination of your Account you will no longer be able to access Content from the Service, and so it is your responsibility to ensure that you save any of your Content that you wish to retain prior to any termination. Termination of your Account will automatically terminate these User Terms and Conditions, except that the following clauses will continue in force despite such termination: 7, 9, 11, 12 and 13.
7. Copyright and Intellectual Property
7.1. Pocket Wardrobe and its licensors reserve all rights in and to the Service, the App, the Site and the Content except as expressly set out in these User Terms and Conditions.
Ownership of the Service, the App and the Site
7.2. Except as set out in this clause 7 in relation to Content, Pocket Wardrobe and its licensors own all intellectual property rights in the Service, the App and the Site, including but not limited to the name of the Service, logos, images and interface elements contained within the Service. You may not copy, modify, adapt, distribute, dissemble, reverse engineer or decompile any aspect of the Service owned by Pocket Wardrobe or its suppliers.
Your right to use the Service, the App and the Site
7.3. Pocket Wardrobe hereby grants to you a limited, non-transferable, non-sublicensable, worldwide licence during the term of these User Terms and Conditions, to access and use the App, the Site and the Service as set out in these User Terms and Conditions.
Ownership of Content and Pocket Wardrobe’s licence to use your Content
7.4. You retain (and we claim no ownership of) all intellectual property rights in and to any Content you submit, post or display on or through the Service. However by posting your Content on the App or the Site, you grant Pocket Wardrobe a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable licence to use, copy, distribute, transmit, reproduce, process, modify, publish, prepare derivative works of, and publicly display such material on, through or in connection with the Service in any media formats and through any media channels (for example, through Facebook or Twitter), including without limitation, for promoting and redistributing part of the Service (and its derivative works). This licence will continue even after termination of your Account. For the avoidance of doubt, you agree that this licence includes the right for Pocket Wardrobe and its affiliates to make your Content available to other users, on the same terms as set out in clause 7.5 below.
Your right to use Content submitted by other users
7.5. In relation to Content submitted by other users, Pocket Wardrobe hereby grants you a personal, non-exclusive, non-sublicensable, worldwide licence to access and view such Content solely for the purpose of enabling you to use and enjoy the benefit of the Service, and only during the term of these User Terms and Conditions.
Further use of Content
7.6. Any Content, material, information or idea you transmit to Pocket Wardrobe by any means may be disseminated or used by Pocket Wardrobe or its affiliates without compensation or liability to you for any purpose whatsoever, including where we make your Content available to other companies, organisations or individuals who partner with Pocket Wardrobe. You hereby waive any moral rights that you may have in your Content during and after the term of these User Terms and Conditions. However, this provision does not apply to personal information, which is subject to clause 12 of these User Terms and Conditions.
Termination of licences
7.7. If you breach your obligations under these User Terms and Conditions, all licences granted to you under these User Terms and Conditions will automatically terminate.
8. Platform-only service
Pocket Wardrobe operates as a platform-only service and does not monitor or screen Content, and so any claim of infringement is between the complainant and the alleged infringer. Pocket Wardrobe can therefore bear no responsibility or liability for, and you hereby waive any rights that you might otherwise have against Pocket Wardrobe, in respect of any past, present or on-going breach of your intellectual property rights by a third party. However, Pocket Wardrobe may, in its sole discretion, remove infringing Content or allegedly infringing Content at any time in accordance with clause 5.4 above.
9. No payments
9.1. In the event that you use the Service to initiate a business transaction with a Retailer or other third party or to access a Retailer or other third party service or website, you acknowledge that we have no control or responsibility and we accept no liability whatsoever in respect of that transaction, service or website, including in respect of any goods or services provided by the third party. For the avoidance of doubt, this includes any contract for sale and purchase or other payment transaction you enter into with third parties which are prompted by or otherwise arise as a result of your use of the Service.
9.2. We do not facilitate payments through the Service, and you acknowledge and agree that you will not at any time use the Service, the App or the Site to provide or make available any payment details to us or to any third party (including any Retailer). We will not be responsible for, and accept no liability whatsoever for, any payment details you make available through the Service.
9.3. Pocket Wardrobe will not be responsible for dealing with any queries and complaints from users in relation to Retailers or any Retailer’s products – such queries and complaints should be directed to the relevant Retailer.
10. Service Availability
10.1. We do our best to make sure that the Service is available 24 hours a day, 7 days a week, however there will be times when the Service will be interrupted for maintenance, upgrades or repairs or due to failure of services or equipment that is beyond our control. We reserve the right to modify, suspend or discontinue all or part of the Service at any time with or without notice.
10.2. You agree that you will not hold us liable for any modification, delay, interruption in or discontinuance of the Service and that you are solely responsible for creating backups of any Content that you submit to the Service or Content that you download from or through it.
11. Third Party Sites
The Service may contain links to third-party websites or resources (“Third Party Sites”). You acknowledge and agree that Pocket Wardrobe is not responsible or liable for (i) the availability or accuracy of such Third Party Sites, or (ii) the content, products or services on or available from such Third Party Sites. Links to such Third Party Sites do not imply any endorsement by Pocket Wardrobe of such Third Party Sites or any content, products or services available from such Third Party Sites. You acknowledge sole responsiblity for and assume all risk and liability arising from your use of such Third Party Sites.
Information we collect
12.1. Pocket Wardrobe gathers certain information when you access the App or Site and/or use some other features of the Service. The information we gather enables us to personalise and improve the Service. We collect the following types of information:
12.1.1. Personal information you provide to us, either through the App or Site or in any other way. This includes your Registration Data and display name plus any other profile information you choose to enter (such as your date of birth).
12.1.2. Certain personal information collected automatically whenever you interact with the App or Site or use another feature of our Service, such as your IP address and the page you requested.
12.1.3. General usage information collected automatically, such as the number and frequency of visitors to our App and the Site.
Use of your personal information
12.2. You consent to Pocket Wardrobe using your personal information collected by us in connection with the Service for the following purposes:
12.2.1. for the purpose of administering your Account as follows:
• using your information to validate your identity when you log in to the Service;
• keeping track of your preferences and comments;
• keeping a record of your agreement to the User Terms and Conditions;
• keeping track of any feedback, issues or correspondence in relation to your Account (including any reports of faults);
• contacting you in relation to your Account or use of the Service;
12.2.2. for the purpose of providing the functionality within the Service, such as using your display name within the Service to identify your comments as having been made by you;
12.2.3. to provide you with information (including our welcome message and our newsletters), products or services that you request from us or which we feel may interest you. By using the Service, you consent to us contacting you for such purposes.
12.3. We may use any of the information we collect for the purposes of analytics, to help us improve the App, the Site and the Service, and to make them appealing to as many customers as possible. As part of this use of information, we may provide information in aggregate form, on an anonymous basis, to potential sponsors or partners of the App or Site, or we may otherwise use, sell or exploit such aggregated anonymised information at our discretion.
12.4. We may disclose your age, your sizing, and your favourite brands to our Retailers to enable you to receive the full benefit of the Service. You acknowledge and agree that any Retailer may access the profile information specified in this clause 12.4 at any time. Except as set out in this clause 12.4 we will not at any time disclose any of your personally identifiable data (including your email address) to Retailers.
12.5. We may disclose your personal information to third parties:
12.5.1. where we choose to buy or sell any business or assets. In such transactions, customer information is typically one of the business assets that are transferred, and therefore in such case you agree we may disclose your personal information to the prospective seller or buyer of such business or assets;
12.5.2. if we are under a duty to disclose or share your personal information in order to comply with the law, or in order to enforce or apply our User Terms and Conditions, Retailer Terms and Conditions and other agreements; or to protect the rights of Pocket Wardrobe, members of the Pocket Wardrobe Group, our employees, our users, Retailers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
12.6. We will use information we collect from you solely in accordance with these User Terms and Conditions, unless we obtain your consent or as required by law. We will only retain personal information as long as necessary for the fulfilment of those purposes.
Protecting your information
12.7. We shall take measures to protect your personal data using reasonable and industry standard security safeguards against loss or theft, as well as unauthorised access, disclosure, copying, improper use or modification.
12.8. You can amend your Registration Data and other profile information at any time on the Service by logging onto your profile page.
12.9. If your user Account is terminated at any time (by you or by us) we will delete all personally identifiable information we have collected from you, except (i) any posts which you have submitted publicly to the App or the Site, and (ii) to the extent that we reasonably need to retain it for accounting and taxation, business, operational and administrative purposes and in accordance with applicable laws. This clause 12.9 shall not affect our right to retain and continue to use any anonymised data for our own purposes.
13. General conditions
13.1. No warranty
Pocket Wardrobe provides the Service to you on an “as is” and “as available” basis, and to the maximum extent permitted by law gives no representations or warranties of any kind, either express or implied. You assume sole responsibility and risk for your use of the Service and any Content. Pocket Wardrobe will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content.
13.2. Limitation of Liability
You agree that, to the maximum extent permitted by law or any regulatory body (i) neither Pocket Wardrobe or any of its affiliates, officers, employees, agents, representatives, partners, licensors or sponsors will be held responsible or liable for any indirect, incidental, consequential, special, exemplary, or punitive losses (including any loss of data) arising out of or relating in any way to these User Terms and Conditions, or your use of or inabilty to use the Service, and (ii) Pocket Wardrobe’s maximum aggregate liability under or in relation to these User Terms and Conditions, howsoever arising, whether under contract, tort (including negligence), statute or otherwise is limited to £250. Except as expressly set out in these User Terms and Conditions or by applicable law, your sole remedy for dissatisfaction with the Service is to stop using the Service.
You agree, at your own expense, to indemnify, defend, and hold harmless Pocket Wardrobe, its affiliates, officers, employees, agents, representatives, partners, licensors and sponsors against any and all loss or damage related to your use of or access to the Service, or violation of these User Terms and Conditions by you or by someone else using your Account.
If any clause (or part of a clause) in these User Terms and Conditions is determined to be invalid or unenforceable by any court or administrative body of competent jurisdiction, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the paragraph, and the validity and enforceability of the rest of the Agreement will not be affected.
If either party fails to enforce any right reserved by it in these User Terms and Conditions, that failure will not constitute a waiver of that right.
13.6. Governing Law
These User Terms and Conditions are governed by and construed in accordance with the laws of England and Wales without regard to the choice or conflicts of law provisions of any jurisdiction, and the courts of England and Wales have exclusive jurisdiction, provided that Pocket Wardrobe may seek injunctive relief in any jurisdiction in order to enforce its rights under these User Terms and Conditions. You agree not to bring claims on a representative, class member basis, or as a private attorney general.
13.7. Entire Agreement
These User Terms and Conditions represent the entire understanding between you and us in respect of your relationship with Pocket Wardrobe as a user, and supersede any previous agreements between you and us including previous revisions of these User Terms and Conditions.
13.8. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these User Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.