Terms of use

Last updated: May 2, 2019

Welcome to My Golden Closet! These Terms of Use (“Terms”) govern the respective rights and obligations between My Golden Closet, a French corporation (“My Golden Closet”), and you, and constitute a legally binding agreement (“Agreement”) between us. This Agreement governs your use of Mygoldencloset.com (the “Website”) and your use of any Services (as defined below). Together, the Website and Services shall be collectively defined as the “Platform”.

Please note that your use of the My Golden Closet Platform is also governed by other agreements including without limitation the Privacy Policy, which is incorporated into these Terms, as well as any other policies referred to or linked to herein. In case of any conflict among these Terms and the Privacy Policy or other terms or policies, these Terms shall govern unless expressly stated herein. By using the Platform as a visitor or a Member (as defined herein), you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY CONTINUING TO ACCESS OR USE THE PLATFORM, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS.

If you do not agree with these Terms, you do not have the right to access the Platform.

A few important points:

  • Members are only eligible to use the Platform if they are at least eighteen (18) years of age and are able to enter into legally binding contracts. By accessing the Platform, Members represent and warrant that they are eighteen years of age or older and have the capacity to enter into legally binding contracts.
  • Members agree to comply with any applicable export control laws in the Member’s local jurisdiction, and each Member represents and warrants that (i) he or she is not located in a jurisdiction that is subject to an embargo, or that has been designated as a terrorist-supporting country, by the US government, or (ii) that the Member has not been included on a list of US government prohibited or restricted parties.
  • We may update these Terms from time to time and such changes will become applicable to you if you continue to use the Platform at any time after such changes are posted. You will not be permitted to access or use the Platform unless you agree with the updated Terms. We will notify you of any changes made to these Terms by changing the “Last Updated” date at the top of these Terms. Review any changes, and if you do not agree to them, please stop using the Platform.
  • Members are solely responsible for determining any laws, rules or regulations that apply to them and ensuring that they understand and are in compliance with those rules. My Golden Closet encourages all Members to seek independent legal guidance if they have questions about compliance.

I. Definition of terms

  • “Deposit” means the security deposit
  • “Account” means the account that must be created to allow an individual to become a Member and access the Services offered by the Platform.
  • “Rental” means a Rental entered into between a Owner Member, ie a Member who owns an Article, and a Renter Member, ie a Member who rents an Article.
  • “Password” means the password chosen by the Member when creating his or her account to allow him or her to access his or her Account.
  • “Listing” means any Article described on the Platform published by a Member, including any User Content used to describe such Listing. Each Listing has a unique identification number on the Platform.
  • “Member” means any person who registers on the Platform and by doing so, accepts these Terms.
  • “Verified Member” means a Member whose email address has been verified.
  • “Article” means any item which a Member has the legal and/or contractual right to offer via the Platform.
  • “Service” or “Services” means any service rendered by My Golden Closet to a Member through the Platform.
  • “Agreement” means the agreement between you and us incorporating these Terms, the Privacy Policy, and any other as amended from time to time in the manner set forth herein.
  • “We”, “us”, and “our”, means My Golden Closet.
  • “I”, “you”, “yourself”, means any Member who uses the Platform in any manner, either through accessing, the Websites or Services.

II. General use of the platform

The Platform may contain areas in which you or other Members may post or submit information, including text, photographs, images, or other information (“User Content”). Please review these terms carefully. We reserve the right to remove or refuse any User Content that does not comply with the rules set forth herein.

When using the Platform, you agree that you will:

  • Only post User Content to the Platform if you have all permissions and rights needed to make that content available, including from any individuals who appear or are mentioned in your User Content.
  • Not provide false or misleading information to any Member or My Golden Closet.
  • Not post on the Platform, or transmit to other Members, us, or our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material or communication, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
  • Not use any of the Platform to violate any applicable law and do not post or send any content or engage in any conduct that subjects any Member or us to any threat of civil or criminal penalties.
  • Not upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another's computer or gain otherwise unauthorized access to the computer.
  • Not advertise to or solicit other Members to buy or sell any products or services. Any attempt to collect or use email addresses from Members and email individual Members or groups of Members other than for the purpose of arranging an Rental between Members is in violation of these Terms of Use.
  • Not accept payment from a third party in Rental for performing any commercial activity on the Platform in violation of these Terms without My Golden Closet’s express permission.
  • Not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

You further agree that:

  • You assume all liability for your use of any information appearing on any of the Platform.
  • You have the authority to enter into this Agreement, to post your Listing and to rent it.
  • You are solely responsible for your communications and relationship with other Members.
  • My Golden Closet has the right but not the obligation to monitor use or access to the Platform in order to ensure the security of Members generally and/or the Platform,or to ensure compliance with these Terms and/or compliance with any applicable laws, rules, regulations, or order from any legal authority. Members agree to cooperate with and assist My Golden Closet in good faith, and provide any related information and take any other actions reasonably requested by My Golden Closet regarding any investigation by My Golden Closet or any legal authority regarding the misuse of the Platform.
  • If you believe in good faith that a Member is violating these Terms or has otherwise acted inappropriately or illegally, you should immediately report such Member to My Golden Closet and, as may be the case, to the relevant legal authorities. Any report made to My Golden Closet and/or legal authorities however shall not obligate My Golden Closet to respond in any particular way except as may be required by law.

Any web address or URL links must be approved by My Golden Cloet. Email addresses and other contact information must reside only in the authorized locations within the Listing. All other references to specific web addresses, websites, email addresses or phone numbers may be removed without notice.

III. ELIGIBILITY

Your Account is for your sole, personal use. Companies and businesses may not be Members.

1. Members terms and conditions

You may not authorize others to use your Account, and except as otherwise expressly provided for herein, you may not assign or otherwise transfer your account to any other person or entity.

2. Creating and Account

In order to register with the Platform, you must first create an Account by providing the personal information requested (including without limitation first and last name, and email address). Members must keep their Account information up-to-date at all times. My Golden Closet shall under no circumstances be held responsible for information communicated by Members that may be erroneous or fraudulent. In addition, a Member Account is for that Member’s sole, personal use, and Accounts may not be created for business or other commercial purposes.

My Golden Closet reserves the right to refuse (without justification and without recourse or compensation) the registration of any Member Account for any reason, at any time, in its sole and absolute discretion.

Upon registration, Members will select a Password, which can only be changed at the Member's request. Each Member is solely responsible for his or her Password and agrees to keep it confidential and not to disclose it to anyone, in any for, for any reason. Each Member shall be solely responsible for any third-party use of a Member’s Username or Password and for any actions or statements made through his or her Account by a third party, whether fraudulent or not, and shall indemnify My Golden Closet against any claim relating thereto. Moreover, My Golden Closet shall not liable for any identity theft of any Member. If a Member has reason to believe that a third party is fraudulently using the Member’s identity or is otherwise using the Member’s account in an unauthorized manner, the Member must immediately inform My Golden Closet. In the event of loss or theft of a Member’s Username or Password, the Member must immediately change his or her Password and the Member shall be solely responsible for any losses relating to such loss or theft.

You agree to only create and/or use one Account. Any exception to this rule must be granted My Golden Closet’s prior written approval. Any Accounts created in violation of the foregoing shall be subject to immediate suspension and/or termination.

Note that Members’ use of the Services provided on the Platform shall not be construed as any employee, agent, joint venture, or partner of My Golden Closet for any reason, and that all Members are acting exclusively on their own behalf and benefit and not those of My Golden Closet. My Golden Closet does not in any manner control or direct and Member and each Member acknowledges and agrees that he or she has complete discretion on whether to post a Listing or enter into an Rental.

3. Listings

Listings must be maintained in an accurate state by Members, including the following information:

  • Description, location, item condition and availability dates
  • Any particular terms or conditions listed in a Member’s Listing cannot conflict with these Terms.
  • The placement of Listings in My Golden Closet search results may vary and depend on a variety of factors relating to the Listing details and the Renter Member’s particular search. My Golden Closet makes no guarantees regarding the particular placement of a Member’s Listing in search results.

4. Closing an Account

- Accounts Closed by My Golden Closet

Should a Member act in violation of these Terms or any other rules or regulations issued by My Golden Closet, or exhibit any conduct contrary to our rules of good conduct, values or ethics, or break any law, rule, regulation, or any other legal order issued by a governing jurisdiction, My Golden Closet reserves the right, without justification and without compensation, to:

  • limit Members' access to the Platform;
  • remove any User Content Ownered on the Platform;
  • close an Account.

The following behaviors are strictly prohibited and may result in Account closure:

  • Providing false or misleading information upon Account registration;
  • Providing false or misleading User Content;
  • Creating fake Accounts;
  • Infringing the rights (including intellectual property rights) of third parties;
  • Posting on the Platform or otherwise distributing to other Members, or My Golden Closet, any defamatory, violent, abusive, harassing, obscene, threatening, sexist, pornographic, racist, homophobic, discriminatory, otherwise illegal, or, more generally, controversial material or content;
  • Acting in a discriminatory manner toward any other Member or other third party;
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
  • Sending unsolicited commercial e-mails or other communications (spamming);
  • Diverting Members away from the Platform or following Members on social networks for commercial purposes;
  • Uploading or transmitting any files that contain viruses, corrupted files, Trojan horses, malicious code, spyware, or any other software or programs that may harm the Platform or other Members’ or third parties’ computers, property, or other rights;
  • Posting or distributing, in any form whatsoever, information or content that has the effect of diminishing, disorganizing or preventing provision of the Services or interfering with the proper functioning of the Platform;
  • Interfering with another Member’s Account;
  • Using robots, spiders, scrapers or other means used to access the Platform and collect the Platform’ content for any purpose whatsoever;
  • Collecting or otherwise obtaining or using any information about others, including e-mail addresses, without consent;
  • Circumvent measures intended to prevent or restrict access to the Platform;
  • Including hyperlinks in a listing;
  • Renting an Article outside the Platform when that Article is listed on the Platform;
  • Advertising to other Members or otherwise soliciting other Members to buy or sell any other products or services unrelated to the Rental.

This list is not exhaustive and My Golden Closet reserves the right to remove, without warning or other notification, any User Content that is not compatible with the rules in force on the Platform and/or that would undermine the security of the platform or other Members.

My Golden Closet may close the Member's Account without warning or formal notice. By closing an Account for breach of these Terms, My Golden Closet does not waive its right to any damages it may otherwise claim related to such breach.

My Golden Closet reserves the right to sign out, terminate, delete, or purge your Account, any related Listings and any related information from the Platform and our servers if you have not signed in to the Platform for a particular period of time, as determined by us, in our sole discretion.

The Member will be informed by email of the closure of their Account.

- Closing an Account at a Member’s Request

Members of the Platform may, at any time and for any reason, terminate their registration on the Platform by requesting the closure of their Account with My Golden Closet, at no cost other than those related to the transmission of their request, by following the procedures indicated on the Platform. This request shall become effective one working day following receipt by My Golden Closet of the request to close the Account ; however, if a future Rental has been paid on the date of the request, the Account will not be closed until after the Rental and any related transactions are completed.

Upon closure of a Member Account and/or any other termination of these Terms, the clauses of these Terms that reasonably should survive termination shall remain in effect.

5. Services

- Rental Management

My Golden Closet provides its Members with a rental management service via its Platform, allowing the Member to publish a listing to propose an Rental of his or her Article, and allowing the Member to review the Listing and book the Article proposed for Rental. My Golden Closet is merely a platform-provider. When Members enter into an Rental, they are entering into a contract directly with each other. My Golden Closet does not become party to any Rental, nor is My Golden Closet an insurer. My Golden Closet does not act as an agent in any capacity for any Member during a Rental. The Rental management services provided by My Golden Closet are automatized. As such, all contact between Members is initiated solely on the Members’ efforts and My Golden Closet does not intervene in any manner unless otherwise explicitly described herein.

Each Rental is a limited license by one Member to another Member to use and wear the Article for the provided period.

Members wishing to execute a Rental via the Platform do so on their own initiative and under their own responsibility.

Members agree not to enter into any Rental of an Article listed on the Platform outside the Platform. A violation of this provision will result in immediate Account closure.

My Golden Closet in no way guaranties the legality of any Rental entered into between Members, nor its proper performance by any Member. Further, My Golden Closet makes no guaranties regarding the availability of the Article, the conditions of the Rental, or any other conditions imposed by one Member on another regarding a Rental.

Members alone assume the risks associated with renting an Article, in particular, the risk of damage to the Article or theft. Members are free to select the Member who will use his or her Article. Preliminary correspondences between Members should be used to discuss (and avoid) any issues that may arise from a Rental.

- Messaging Service

My Golden Closet provides Members with a free messaging Service for the purposes of facilitating a Rental or to share experiences regarding past Rentals; however, use of the messaging Service alone does not permit Members to enter into an Rental. The messaging Service is automatized and as such, administrators can see content of conversations. We collect the private messages that you exchange with other members, but we treat them as confidential private correspondence in accordance with applicable regulations (cf privacy charter).

Members are solely responsible for any information communicated via the My Golden Closet messaging service. Any information communicated between Members on the messaging service shall in no way bind My Golden Closet, nor does My Golden Closet in any way guaranty the information’s accuracy or completeness.

- Verification

My Golden Closet will request verification of each Member’s e-mail address when the Member creates an Account.

Just because a Member's email address has been verified does not guaranty the accuracy of any content provided by that Member, nor guaranty the accuracy of any Listing. My Golden Closet provides no endorsements or assurances regarding Verified Members or their Listings.

- Ratings and Reviews

Following a Rental, the Members may leave reviews of the Article and Rental and submit a related star rating, which will then be available on the Member’s Account profile and/or in relation to a Member’s Listing. Such reviews or ratings only reflect the views of the individual Members and My Golden Closet does not review the reviews or ratings nor guarantee their accuracy. Each Member providing a review or rating agrees to only provide information that is accurate and not defamatory or contain offensive language. Reviews and/or ratings may not be made for purposes of extortion only. Members may not instruct other Members to leave fake reviews or ratings.

- My Golden Closet Service

My Golden Closet takes a 10% commission fee withdrawn from the amount the owner receives.

- Deposit Management

My Golden Closet offers a Deposit management service between the Owner Member and the Renter Member, allowing the Owner Member to protect him or herself, totally or partially, against the risk of theft, loss or damage to his or her Residence pursuant to the provisions described below.

The Deposit, the amount of which is specified on each Listing Page, and defined by the Owner Member, is subject to pre-authorization on the Renter Member's credit card at the time the Renter Member enters into the Rental.

In case of damage, loss or theft, the Owner Member must make a claim, within fifteen (15) days following the Rental, by email to the address mediation@mygoldencloset.com, including a description of the nature and estimate of the related damage, loss or theft and attach any relevant documentary evidence. My Golden Closet shall notify the Renter Member of the Owner Member’s claim by e-mail.

If the Owner Member does not have all documentary evidence required within the fifteen days (for example, if waiting for a repair estimate), the Owner Member must request an extension from My Golden Closet, which shall in no case exceed thirty (30) days from the Rental. Any notice of damage, theft, or loss, or the submission of any supporting evidence thereof, provided outside of such a thirty day timeframe will be refused.

Renter Members must respond to a notice of a claim or proof of damage within fifteen (15) days of receipt of such notice.

In the event of a valid claim made by a Owner Member, any failure to respond by the Renter Member within the above-mentioned fifteen-day period shall constitute an irrevocable waiver to contest the retention of the claimed amount from the Deposit, which will be paid to the Owner Member out of the Renter Member’s preauthorized Deposit.

In the event of a request to retain the Deposit, or if applicable, for proof of the damage, within the applicable time limit, if the Renter Member agrees to the damage estimate and the exercise of the Deposit, the amount of the Deposit agreed between the two parties for the Rental shall be paid to the Owner Member, at the latest, within twenty (20) business days from confirmation of the agreement of both parties, by the following methods: bank transfer, PayPal account or any other valid credit or debit card.

If the Owner Member and the Renter Member cannot agree on the amount of the Deposit to be paid to the Owner Member, My Golden Closet will deduct the amount from the Renter Member’s credit card and hold such amount in escrow until joint instructions are issued by both the Owner Member and the Renter Member confirming their mutual agreement on the distribution of the sequestered amount between them.

While My Golden Closet may intervene to facilitate dispute resolution between Members, it makes no guarantees as to any Listings, or the performance of any Member or other third parties.

All Members agree to cooperate with and make good faith efforts to assist My Golden Closet and the other Members to resolve any disputes that may arise relating to a Rental, and take any further actions that may be required in order to resolve such a dispute.

- Member Protection upon My Golden Closet Cancellation

My Golden Closet may be required, from time to time, to cancel a Rental in emergency or other circumstances which, at My Golden Closet’s sole and reasonable discretion, are necessary in order to prevent harm to My Golden Closet, any Members, or any third party, or for any other reason set forth in these Terms. In this case, My Golden Closet may, at its sole discretion and dependent on the particular circumstances of the reason for cancellation, make any reimbursement or payout it, in its sole discretion, deems necessary.

- Rates and Terms of Payment

Members may register, contact other Members, access the Website, access the Listings, and message other Members, and have My Golden Closet verify their email, free of charge.

All Rentals will require a Member to create a “My Golden Closet Service” Account.

Prices offered by My Golden Closet are subject to change. Any change in price shall take effect immediately upon notice and shall apply to any future purchases made by a Member after such changes come into effect. Furthermore, My Golden Closet may choose to temporarily modify pricing for the Services for promotional events or in relation to new Services. Such changes shall take effect on the date provided in the relevant notice to Members. My Golden Closet may offer new Services at any time, with or without notice.