LAST UPDATED: August 27, 2022, effective date January 1st, 2021


ABOUT THESE TERMS 

Accepting these Terms

Welcome to All Borrow! This Terms of Service agreement (“Terms”) is between you (“you” or “your”) and All Borrow, Inc. (“we,” “our,” “us,” or “All Borrow”), and governs your access to and use of our website located at www.allborrow.com (and any successor site thereto) (the “Site) including any content, functionality and services offered on or through the Website, and any of our other products or services (collective, the “Services”), whether or not you register as a user.

Please review these Terms carefully; by accessing or using any of the Services, including by creating an Account (as defined below), you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Services. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are 18 years of age or older and are otherwise capable of forming a legally binding contract with All Borrow Inc. If you do not meet these requirements, you must not access or use the Services. You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by the terms hereof.

You further understand that All Borrow takes no responsibility or liability for the acts, omissions, products or services of any User of the Platform. All Borrow has no responsibility or liability for any acts, omissions or Items provided (or omitted to be provided) by any Lender or Renter.

PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY ALL BORROW IN ITS SOLE DISCRETION AT ANY TIME. All Borrow reserves the right to modify this Agreement or its policies relating to the Platform at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Platform. You should regularly review this Agreement, as your continued use of the Platform after any such changes constitutes your agreement to such changes.

EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN SUBCLAUSE (c) OF THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.

The Services are controlled or operated (or both) from the United States, and are not intended to subject All Borrow, Inc. to any non-U.S. jurisdiction or law. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

DEFINED TERMS

  • “Item(s)” means clothing and accessories made available by Lenders for Renters on the Platform.
  • “Lender” means a user who has listed Items for rent on the Platform.
  • “Listing” means a listing by a Lender of an Item available for Rent on the Platform.
  • “Renter” means a user who seeks to rent Items through the Platform.
  • “Platform” means the All Borrow Site’s rental functionality, which is utilized by Lenders and Renters. 


Overview of the Services

All Borrow rents or sells clothes, other related products and occasional items. The Services include, but are not limited to, the ability to create an account and purchase or rent products. In order to access the features of the Platform, including renting your personal items, or making available Items on the Platform, you are required to become a Registered User. For purposes of the Agreement, a “Registered User” is a Renter or Lender who has registered an account on the Platform (“Account”). In order to participate in the rental services as a Lender, you must maintain ownership or permission to rent all Items you list on the Platform.

Changes to these Terms

We may modify these Terms at any time in our sole discretion. We will post notice of changes to these Terms on this page. Changes will not apply retroactively and will only become effective when (i) you use the Services after you know about the change, or (ii) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. We will also update the Last Modified Date at the top of these Terms accordingly. Your continued use of the Services after the Last Modified Date signifies your consent to the modified Terms. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. If the modified Terms are not acceptable to you, you should not access or use the Services after the Last Modified Date. Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

ABOUT OUR SERVICES

How to Access All Borrow’s Services

You must be 13 years or older to access or use the Services. To use the Services, you may be required to sign up for an account (your “Account”), select a password and username, and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and up-to-date information, and to maintain and update such information. You may not select as your All Borrow User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. We may reject, or require that you change, any All Borrow User ID, password or other information that you provide to us in registering for an Account. You may not transfer your Account to anyone else without our prior written permission.

You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of these Terms, any Additional Terms, or applicable law.

You may not share your Account (including your All Borrow User ID or password) with anyone, and you must protect the security of your Account (including your All Borrow User ID and password) and any other access tools or credentials. You’re solely responsible for any activity associated with your Account, including all charges incurred from use of the Services with your Account.

We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, or billing or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms.

Product or Services

All Products and Services are available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according with the policies outlined herein.

We have made every effort to display as accurately as possible the colors and images of our products, including those that appear at physical retail stores. We cannot guarantee that your computer monitor's display of any color will be accurate.

We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, or billing or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms. 

How the Rental Platform Works

The Platform facilitates connections between Renters and Lenders (the “Rental Services”). Each Item will be available at a time and for a duration as set forth in the Listing. Please review our App and/or Website for more details on the Rental Services. All Borrow’s responsibility to Users is limited to providing the Platform.

THE PLATFORM FACILITATES CONNECTIONS BETWEEN RENTERS AND LENDERS. YOU AGREE THAT All Borrow HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY RENTAL EXPERIENCE OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. ANY ITEMS ARE PROVIDED BY LENDERS AND NOT BY All Borrow, AND RENTERS ACCEPT SUCH ITEMS AT EACH SUCH RENTER’S OWN RISK.

LENDERS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF All Borrow. All Borrow DOES NOT EMPLOY OR RETAIN LENDERS. RENTERS HEREBY ACKNOWLEDGE THAT All Borrow DOES NOT SUPERVISE, DIRECT, CONTROL OR ACCEPT ANY RESPONSIBILITY FOR THE ITEMS, BUT MAY MONITOR AND FACILITATE CERTAIN ASPECTS OF INTERACTIONS FACILITATED THROUGH THE PLATFORM.

Product and Service Descriptions

We may, in our sole discretion, provide listings, descriptions, or images of Products that are available on the Services, as well as references and links to Products, but we do not warrant that the Product listings, descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products will be available, even if noted as so on our Services. Such information and the availability of any Product are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer (including a smart phone or similar device) will accurately display such colors. The prices displayed for Products and Services are quoted in U.S. dollars, unless otherwise indicated. Prices and availability for Products on our Reserve Service are not confirmed until the applicable Products are shipped; if the actual price of such a Product is higher than our stated price, or if the Product is no longer available, we will contact you for instructions before shipping or cancel your order and notify you of such cancellation. The availability through the Services of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product.

Cost of Services

We reserve the right to modify or waive fees required to use certain parts of the Service. You are solely responsible for: (i) the fee for any Service that you order and that are not canceled in accordance with our cancellation policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any late fees accrued by you due to late or lost items.

For more information about our Services, including pricing and fees and cancellation policies, please see our FAQ Section. Please note that any payment terms presented to you in the process of using or signing up for Service are deemed part of these Terms.

Delivery

All deliveries will be through All Borrow’s shipping partners, which may change from time to time at All Borrow’s discretion. The shipping method used will be at the discretion of All Borrow. You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information for your Account up-to-date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each Product until you return such Product (including while they are in transit). We reserve the right to reject, cancel, or prohibit any rentals or sales of Products for any reason.

Return Packaging. With delivery of the Product, All Borrow will provide you with a pre-paid, pre-addressed box or mailing envelope (as the case may be) as well as instructions for your use in returning the Products to All Borrow (“Return Packaging”). Return of the package is the customers sole responsibility as they need to ensure the package is dropped off at the appropriate carrier stated on the return label, by 12:00 PM on the return date and provide a receipt if needed of the drop-off of the package.

Reserve. If you rent a Product through our Reserve Service, the rental fee (“Rental Fee”) will include rental coverage charges and delivery charges (as applicable) listed on the Reserve Service for your rental of the applicable Product. All Borrow reserves the right to alter the Rental Fee or availability of any particular item at its discretion and without notice. You will also see a deposit charge equivalent to 50% of your total cart value. This deposit payment will be returned to you upon return of the product(s).

Deposit

You cannot checkout without paying the deposit fee. The deposit is 50% of your total cart value and will be charged at checkout along with your rental fee. This deposit will be returned to you once the product(s) are returned in a timely manner (based on the duration of rental selected). 

The deposit will not be returned in the following cases:

  • If you return your item late, a late fee of $40 will be charged for each day the rental is late. This fee will be deducted from the deposit. In the case that the late fee surpasses the deposit amount, you will be invoiced for the remaining balance. 
  • Damages beyond normal wear and tear (including but it not limited to: red wine stains, irremovable food stains, breakage or tearing that damage the garment beyond repair, and etc)
  • Lost or stolen item 

In these above incidences, your deposit will not be returned. In addition, you will be invoiced for the retail value of the product (minus the deposit). 

Rental. The following additional conditions apply to the rental of any clothing, accessories, and all other products (each a “Product”).

RENTAL FEE. The rental fee (“Rental Fee”) for a Product will be the total of the posted rental fee and delivery charges (if any) listed on the Site for your rental of the Product. When you place your rental order for a Product, you hereby authorize All Borrow to charge your payment card for the Rental Fee, including insurance and delivery charges. All Borrow will charge your payment card the amount of such fees and costs immediately upon your rental order. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize All Borrow to charge your payment card for an amount equal to 100% of the original retail value of the Product (when new) set forth on the Site plus applicable sales taxes (“Retail Value”); provided that All Borrow will only charge your payment card for an amount greater than the Rental Fee as described below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by All Borrow, shall be paid by you to All Borrow in connection with your rental order.

CANCELLATION POLICY. You may cancel your rental order subject to the following cancellation fees and policies:

If you cancel thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.

If you cancel less than thirty (30) days but more than eight (14) days in advance of the delivery date, you will not receive any refund, but you will receive a full credit for the rental fee associated with the cancelled order that can be redeemed with a unique code. This credit can be applied to a future All Borrow rental for one year from the date of cancellation.

If you cancel within seven (14) days of the delivery date, the order will not be refunded or credited. This is due to the shipping and logistics required for an order.

RECEIPT OF THE PRODUCTS. Upon delivery, you bear responsibility for the Product(s). You acknowledge that a secure shipping address is highly recommended. In the event that an un- secure shipping address is provided, All Borrow does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a secure shipping address may result in delivery delays and additional delivery fees for which All Borrow will not be liable. You will be liable for all such delays and additional delivery fees.

USE OF THE PRODUCTSYou agree to treat the Products with great care and love, as if it was borrowed from your close friend. This will ensure that the products remain in good shape for the next person to be able to enjoy as well! 

You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear include minor stains, rips, missing beads, stuck zippers or other minor damage covered by the rental fee. If you return a Product that is damaged beyond normal wear and tear (including but it not limited to: red wine stains, irremovable food stains, etc.), then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the full Retail Value.

Payment Terms for Lenders.

Lender Fee. As Lender, you may be entitled to receive payment in connection with the Items you list on the Platform. To be eligible for payment, (i) you must be designated as a verified Lender on the Platform; and (ii) the Items you make available on the Platform must be selected by Renters via the Platform. Please refer to the Commission Schedule for Information regarding fees payable to lenders (the “Lender Fee”). Lender is solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from the payment of the Lender Fee to Lender under this Agreement, and agrees to do so in a timely manner.

Payment Acceptance. As a Lender, you must provide a valid method of accepting payment (“Payment Acceptance Method”), such as a bank account, paypal account, or other agreed upon payment method. You must keep your Payment Acceptance Method current. If this information changes, we may update it using information and third-party sources available to us without any action on your part. If you do not want us to update your information, you may contact your issuer to request this or remove your Payment Acceptance Method from your Account.

LENDER TERMS. If you are a Lender, the following terms of this Section apply to you:

LISTINGS. All Borrow has sole and absolute discretion to approve (or not approve) Items to be included in Lender Listings. Prior to posting a Listing, you may be asked a variety of questions about the listed Items, including, but not limited to, the location, size, brand, retail availability and description. Listings will be made publicly available via the Platform. Renters will be able to rent your listed Items via the Platform based upon the information provided in your Listing. Lender represents and warrants that any Listing and subsequent rental of Items through the Platform will not breach any agreements Lender has entered into with any third parties.

The "Required Listing Period" for each Item begins on the date Lender lists the Item on the Platform and ends 120 days thereafter, even if this Agreement has been terminated during that time by you or us. At any time after the Required Listing Period, and subject to this provision, Lender may request in writing that All Borrow return the Item. Once All Borrow receives your request, All Borrow will use commercially reasonable efforts to remove the Item from the All Borrow Platform and return the Item to you within thirty (30) days after the scheduled rental period of that Item. It is your responsibility to pay for the return shipping and to ensure that All Borrow has your most current contact information. If after the Required Listing Period, Lender does not notify All Borrow of desire to have Item(s) returned, All Borrow will continue to carry the Items on the Platform until such request is received by All Borrow.

RETURN OF ITEMS BY ALL BORROW. If an Item remains unrented after the Required Listing Period, or in circumstances where All Borrow determines that an Item is unlikely to generate sufficient further interest by Renters on the Platform, or if All Borrow decides to withdraw the relevant Item from a Listing for any other reason, in all cases in our sole and absolute discretion, All Borrow will notify the Lender of such withdrawal (a “Withdrawal Notice”). On receipt of that Withdrawal Notice, the Lender may, at Lender’s option and expense: (i) choose to retrieve the Item, or (ii) donate the Item to a charity of All Borrow’s choice. All Borrow will use commercially reasonable efforts to contact Lender with such Withdrawal Notice. If All Borrow does not receive a response from Lender within thirty (30) days of such Withdrawal Notice, All Borrow may dispose of the Item, or donate it to a charity chosen by All Borrow.

EXCLUSIVE LISTING. In accordance with this Agreement, once Lender makes an Item available on the Platform, Lender grants All Borrow an exclusive right to display the Item, and rent the Item on All Borrow’s Platform pursuant to the terms of this Agreement. In other words, a Lender will not, directly or indirectly, cause or permit the Item to be used or sold, or to be available to be used or sold, via any other means or platform. Lender maintains ownership of each Item at all times.

ADDITIONAL TERMS. All Borrow shall have the right, but All Borrow maintains no obligation, to list an Item presented by Lender on the Platform. To learn more about our Item approval process, please review our guidelines here. You acknowledge and agree that:

  • All Borrow in its sole discretion will determine the rental price for each Item.
  • All Borrow in its sole discretion will decide which Items to list on the Platform.
  • All Borrow may offer additional discounts and promotions during the Required Listing Period, or at any other time that the Item remains available for rent on the Platform, at its sole discretion and without notice to you, as a means to efficiently market and rent your Items. Such initiatives may affect your earnings.
  • The placement and ranking of Listings in search results on the All Borrow Platform may vary and depend on a variety of factors, such as Renter search parameters and preferences, price and calendar availability, and number and quality of Images.

DAMAGE. Lenders understand that normal wear-and-tear are part and parcel of the rental experience. In the case of damage, All Borrow shall have the right, but All Borrow maintains no obligation, to repair, replace, or compensate Lender for the market value of the damaged, lost, or stolen Item.

REPAIR. All Borrow, in its sole discretion, will choose and compensate a qualified repair vendor to remedy any damages that exceed normal wear and tear.

REPLACE. All Borrow will seek a suitable replacement for the affected Item by finding an item similar in brand, style, value, and condition, and will ship such item to Lender.

COMPENSATE FOR MARKET VALUE: All Borrow may elect to compensate Lender for the current market value of the Item, based on resale websites up to $1,000 per item. Should Lender disagree with the value of the Item, Lender may submit proof of purchase for said Item within 30 days of request by All Borrow. If no proof of purchase is available, any compensation for market value will be calculated as market value (up to $1,000) less any Item rental earnings on the Platform.

All Borrow will not cover damages in connection with: (a) normal wear and tear, and Lender agrees and understands that Items will experience normal wear and tear as part of being rented on the Platform; (b) incidents that may occur after the Listing period; or (c) reports of damages made by Lender more than seven (7) days after Lender’s receipt of the applicable Item after such Item is returned to Lender.

PROHIBITED ITEMS. Lender hereby represents and warrants that Lender will not list any Items on the platform that are stolen, Fake or Counterfeit. An item is a “Fake” if it displays marks of a designer who did not design it and/or a manufacturer who did not make it. An item is “Counterfeit” if it is Fake with intention to deceive. If All Borrow receives notice that, or if we determine in our sole discretion that, any Items listed on the Platform may be Fake, Counterfeit, or stolen we may immediately remove any such Item(s) from the Platform and/or report the associated Lender to law enforcement personnel.

INDEPENDENT PARTIES. As an independent individual or business, you, as a Lender, maintain complete control over your level of participation in the Platform, including: (a) deciding when to log into the Platform and make Items available for Rental Services; (b) selecting the Items you list on the Platform; (c) not being restricted from using competitive services or technology platforms (other than as set forth herein with regard to Items being exclusively available via the Platform); (d) being permitted to maintain your independent business without using the Platform; (e) any opportunity for profit or loss being dependent on the Items you list; (f) being responsible for resolving any disputes with Renters; and (g) being solely in control of the amount you wish to invest in maintaining Items available for Renters in connection with the Rental Services. You are not permitted to represent to any Renters or other users of the Platform that you are an employee, contractor or agent of All Borrow

Neither this Agreement nor your performance under this Agreement shall create an association, partnership, joint venture or relationship of principal and agent, master and servant, or employer or employee, between All Borrow and you, or between All Borrow and your employees and agents. You and All Borrow each agree that you and your employees and agents (if applicable) will not receive any All Borrow-sponsored benefits from All Borrow where benefits include, but are not limited to, paid vacation, sick leave, medical insurance and 401k participation. If you, your employees or agents (if applicable), are reclassified by a state or federal agency or court as All Borrow’s employee, you, and your employees or agents, as applicable, will become a reclassified employee and will receive no benefits from All Borrow, except those mandated by state or federal law, even if the terms of All Borrow’s benefit plans or programs in effect at the time of such reclassification would otherwise render you, or your employees or agents as eligible for such benefits. You acknowledge that it is your sole responsibility for complying with all federal, state and local tax filing and payment obligations that pertain to any remuneration received in connection with the Rental Services as processed by All Borrow in connection with this Agreement, including your sole responsibility for all tax withholding, Social Security, Worker’s Compensation Insurance, FICA, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pensions and other obligations or benefits. You acknowledge that All Borrow is not rendering legal, tax or investment advice, nor is All Borrow a fiduciary of yours. Accordingly, you acknowledge that you may seek advice from an appropriate professional to comply with any and all applicable federal, state and local laws or ordinances.


SHIPMENT OF PRODUCTS.

We will guarantee that the products you ordered have been prepared and shipped out by us, or a Lender, with the delivery method that will get to you by the intended rental date. Any carrier delays are out of our control and we are not liable for. 

RETURN OF THE PRODUCTS. You agree to return all pieces of the rented outfit (including but not limited to skirt, pants, blouse linings, dupattas (scarves), belts, etc.) to All Borrow in the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. You must return the Product by delivering the Product in the Return Packaging to the requested courier located in the United States by 12 PM (PST) on or before the date that the Product is due. You must obtain a receipt of your package drop off. We may, but are not required to, permit you to extend your order for a Product (by contacting us at help@allborrow.com), subject to prepayment of any additional fees applicable to that Product for the period of time of the extension. We are not responsible for any personal or other items left in the Products or which are returned to All Borrow in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at help@allborrow.com. We will assist in attempting to locate such items upon request but are not obligated to and assume no liability for doing so.

LATE FEESIf you return the Products late or not at all, a late fee of forty dollars ($40.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to All Borrow for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 100% of the Retail Value (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within seven (7) days after the return date for the Product, your late return will be considered a non-return and All Borrow will charge your payment card the full Retail Value of the item(s), less any late fees that you have already paid, plus applicable sales tax.

PAYMENT OF 100% RENTAL VALUEAll Borrow will not charge you for more than an amount equal to 100% of the Retail Value plus the Rental Fee, in the aggregate, other than for collection costs. If you pay All Borrow an amount equal to 100% of the Retail Value plus the Rental Fee and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you by way of late fees or penalties.

LOST RETURN PACKAGING. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date and providing All Borrow with a tracking number. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you.

LIMITED WARRANTIES. The following are the limited warranties ALL BORROW provides in connection with Product rentals. ALL BORROW’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by ALL BORROW:

CORRECT PRODUCTS. Subject to availability, we will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site.

CLEAN AND READY TO WEARThe Products will be professionally cleaned and delivered ready to wear. All Borrow dry cleans and inspects each Product with the utmost care but use of the Product is at your own risk and ALL BORROW shall not be held liable for any health- related complaints associated with any Product.

ALL BORROW RENTER CONTENT. All Borrow may in its sole discretion offer Lender the option of having Lender’s Items professionally photographed. Such photographs (“Verified Images”) may be used in connection with a Lender’s Listings. Lender is responsible for ensuring that Lender’s Items are accurately represented in the Verified Images. Lender must provide notice to All Borrow if the Verified Images no longer accurately represent the applicable Items. Lender acknowledges and agrees that All Borrow shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. All Borrow grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images solely in connection with Listings on the Platform. Lender agrees that Lender has no right or title in or to any content (other than Your Content), including any Verified Images, that appear on or in the Platform.

SIZING RETURNS. Unfortunately, our standard terms can't offer you a refund, credit or replacement when this occurs. We are not liable for blouse fit as we are including the blouses as a complementary item. We highly recommend obtaining your own blouse for items that require a separate top. If you’re in doubt about the size and the rental partner does not offer this service, then please contact us for styling guidance before placing your order. However, we will handle this on a case-by-case basis so please try on your outfit within 24 hours of delivery and send us an e-mail at help@allborrow.com with information on the fit and a picture to demonstrate the issue. All Borrow could potentially issue you a refund for the Rental Fee (excluding shipping and handling up to $50.00), so long as the Product, in our sole discretion, has not been worn.

Billing and Payments

How Payments Work

When you place a rental order for a Product, you hereby authorize All Borrow to charge your payment card or other payment instrument (“Payment Method”) for the Rental Fee. You must ensure that at all times your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to All Borrow and notifying All Borrow of any changes to such information. All Borrow will charge your Payment Method the amount of the Rental Fee immediately upon your rental order. A reservation of a Product through the Services is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize All Borrow to charge your Payment Method for an amount up to the Retail Value of the Product set forth on the applicable Service plus applicable sales taxes; provided that All Borrow will only charge your Payment Method for an amount that is greater than the Rental Fee as described above and in the Cost of Services section above. Rental Fees exclude all federal, state, and local taxes, goods and service tax, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by you directly or, if paid by All Borrow, shall be paid by you to All Borrow in connection with your rental order.   

All products, including availability and price, are subject to change at any time without notice. We reserve the right, with or without prior notice, to limit the availability of or to discontinue any service; to impose conditions on any promotion; to bar any user from making any payment; and/or to refuse to provide any user with any service. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. All Purchases placed on or through the Services are subject to our acceptance. Your receipt of an order confirmation does not signify that we have accepted your Purchase. We reserve the right at any time after receipt of your Purchase to accept or decline your purchase for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for a Purchase that we later cancel, we will issue you a refund. Prices are in U.S. dollars unless otherwise stated and are subject to change. We may require verification of information prior to the acceptance and/or fulfillment of any Purchase.

Licenses Granted

All Borrow grants to you a revocable, non-transferable, nonexclusive, limited and non- assignable license to access and use the Services in accordance with these Terms. All Borrow reserves all other rights in the Services not expressly granted to you.

USER SUBMISSIONS

We do not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas, criticism or other information any User provides to All Borrow concerning the All Borrow Services (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, the User hereby grants All Borrow full ownership of the Submission as if All Borrow had created, developed and posted the Submission for its own purposes, with no obligation to pay you royalties or any other compensation. All Borrow reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with All Borrow’s products or services. You also acknowledge that Submissions will not be returned, and All Borrow may use Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to the Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead All Borrow as to the origin of any Submission. You agree to indemnify All Borrow for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

User Conduct and Community Guidelines

You may use the Services only for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, you agree to use the Services in accordance with the provisions below:

  • You will only use the Services in accordance with the laws of your jurisdiction for personal, non-commercial purposes.

  • You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

  • You will be respectful and considerate of other users and do your part to make All Borrow a safe, supportive community for all users.

  • You will register for the Services using accurate and current information, and you will not impersonate or attempt to impersonate All Borrow, an All Borrow employee, another user or any other person or entity (including, without limitation, by using email addresses or names associated with any of the foregoing).

  • You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.

  • You will independently verify the quality, relevance or accuracy of any information posted on the Services by others.

  • You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms.

  • You will not use contact information received through the Services for phishing, spamming and other unsolicited communications or data collection.

  • You will not post unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations.

  • You will not use the Services in a manner intended to damage, disable, overburden or impair the Services or to disrupt or interfere with another's use of the Services.

  • You will not attempt to hack or otherwise gain unauthorized access to the Services or user accounts.

  • You will not use high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts).

  • You will not affect the display of the Services through use of framing, pop-ups or third-party ads.

  • You will not transmit malware, software viruses, Trojan horses, worms or any other malicious application to or through the Services.

  • You will not threaten, dox, or otherwise harass other users.

  • You will not post information that is inaccurate, false, fraudulent, or misleading, including submissions made under false pretenses.

  • You will not post unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, racist, harmful, or otherwise objectionable material of any kind.
  • You will not act in a manner that violates these Terms.

  • You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction.

  • You will notify us immediately of any content of the Services that violates these Terms. We have the right to: (i) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (iii) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

YOU WAIVE AND HOLD HARMLESS ALL BORROW AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Proprietary Rights

The Services and all past, present and future content of the Services, including all software, hardware and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of All Borrow, are (i) owned by All Borrow, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users, and (iv) may only be used in accordance with these Terms.

Using our Services does not give you ownership of any intellectual property rights in our Services or any content on the Services. You may not use content from our Services, unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any of our technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.

No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by All Borrow. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

All Borrow cannot protect or advise you on your intellectual property rights, and All Borrow cannot and does not take any responsibility for doing so.

Ratings and Reviews

Our Services may allow you to rate and post reviews of Products. Any ratings or reviews provided by you are considered User Submissions and are governed by these Terms. Ratings and reviews are not endorsed by All Borrow, and do not represent the views of All Borrow or of any affiliate or partner of All Borrow. All Borrow does not assume liability for any ratings and reviews or for any claims, liabilities, or losses resulting from or relating to ratings or reviews. We reserve the right to modify, remove, or exclude any rating and/or review for any reason at any time, without notice.

Privacy

Your submission of information through the Services is governed by All Borrow’s Privacy Policy. To review the current All Borrow Privacy Policy, please click here

Frequently Asked Questions

Please also refer to our online FAQ section for general information regarding our Services. 

Claims of Copyright Infringement

If you believe that your copyrighted work has been unlawfully copied and is accessible on the Services in a way that constitutes copyright infringement, please send a notice of copyright infringement to:

All Borrow, LLC.

Attn: Copyright Agent

----

Email: help@allborrow.com

The notice should include:

  • Your full name and electronic or physical signature.
  • Your mailing address, phone number and email address (at which you can be contacted by us or the alleged infringer).
  • A statement that you are the owner or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.
  • A statement that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright owner, its agent or by law, such as fair use.
  • A description of the copyrighted work(s) that you claim has been infringed.
  • A description of the location of the copyrighted materials on the Services.

 

Electronic Delivery Statement and Your Consent

You agree to receive legal notices and other information concerning All Borrow or the Services electronically, including notice to any email address that you may provide.

Term and Termination

These Terms will remain in effect until terminated by you or All Borrow. We reserve the right to terminate or change the Services or your access to the Services, without notice, at any time and for any reason, including your violation of these Terms or for business reasons. We also reserve the right to pursue any additional remedies available in law or equity. You agree that All Borrow may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Services. All Borrow has no obligation to maintain, store, or transfer your information or data that you have posted on or uploaded to the Services. The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions survive any termination.

Disclaimer of Representations and Warranties

THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ALL BORROW NOR ANY PERSON ASSOCIATED WITH All Borrow (LICENSORS, SUPPLIERS, PARTNERS, PARTENT, SUBSIDIARIES, OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES, AND AGENTS, AND EACH OF THEIR SUCCESSORS AND ASSIGNS) MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER ALL BORROW NOR ANYONE ASSOCIATED WITH ALL BORROW REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ALL BORROW HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, OTHER THAN AS EXPLICITLY SET FORTH HEREIN. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

YOUR USE OF THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE AND ANY CONTENT ON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. You may not assert claims for money damages arising from the Services or any associated content against ALL BORROW, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents. ALL BORROW, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, whether caused by tort (including negligence), breach of contract or otherwise, even if we knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Services, any associated content, or any products delivered to you through the Service, (ii) any interaction with any third party through or in connection with the Services, including other users, (iii) any information offered or provided within or through the Services, or (iv) any other matter relating to the Services. In no event shall ALL BORROW, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). 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, our liability shall be limited to the extent permitted by law.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

Indemnification
You are solely legally liable if your use or misuse of the Services, any associated content, or any products delivered to you through the Service causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless ALL BORROW, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgement, awards, losses, costs, expenses, fines or fees (including attorney's fees and investigation costs), that arise from or relate to your use or misuse of the Services, or violation of these Terms or violation of a third party’s rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

Choice of Law
You agree that the laws of the California and U.S. federal law govern these Terms, your use of the Services, and any claim or dispute that you may have against All Borrow, without regard to California’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Binding Arbitration and Jurisdiction

In the rare event you have a dispute with ALL BORROW, we encourage you to contact us immediately so we can work together toward a satisfactory resolution. If we cannot come to a resolution, you agree that any claims, disputes, demands, counts, controversies, or causes of action between you and ALL BORROW arising out of or relating to these Terms, the Services, including the enforceability of these Terms or our Privacy Policy or information practices will be finally and exclusively resolved by binding arbitration on an individual basis only (except as stated below). The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding.

YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE YOUR CLAIMS HEARD IN COURT BY A JUDGE OR JURY. AN ARBITRATION AWARD IS AS ENFORCEABLE AS A COURT ORDER AND IS SUBJECT TO ONLY LIMITED REVIEW BY A JUDGE. YOU ALSO UNDERSTAND AND AGREE THAT THIS ARBITRATION PROVISION PREVENTS YOU FROM PARTICIPATING AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Arbitration will be subject to the Federal Arbitration Act and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties. You can find out more about AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ALL BORROW will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse ALL BORROW for all fees associated with the arbitration paid by ALL BORROW on your behalf, which you otherwise would be obligated to pay under the AAA’s rules. The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required. Except as otherwise provided in these Terms, you and ALL BORROW may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and ALL BORROW shall be exclusively brought in the state or federal courts of New York, New York.

Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.

Severability and Integration

These Terms and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and ALL BORROW. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The paragraph headings used herein are for convenience only and shall not be used to limit any portion of these Terms of Service.

General Provisions

You may not assign these Terms without ALL BORROW’s prior written approval. ALL BORROW may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of ALL BORROW’s business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and ALL BORROW as a result of these Terms or your use of the Services. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ALL BORROW in writing. 

 

Contact Information
The Services are operated by ALL BORROW. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at:

All Borrow, Inc.
8583 Irvine Center Dr. #308
Irvine, CA 92618
hello@allborrow.com
(949) 409-5859

 

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