Terms of Hosts - The Clothing Loop

Version dated 2023, December 21th

Terms of Hosts

Provided by Stichting Slow Fashion Movement (hereinafter also referred to as "we" or "us").

Applicability and amendments

1. These terms of use for hosts, as amended from time to time (hereinafter referred to as the "Terms of Hosting"), stipulate the terms of your participation in The Clothing Loop as a host.
2. By signing up to become a host of one or more local clothing loops of The Clothing Loop (hereinafter also referred to as a ″Loop″), you (hereinafter also referred to as a "Host") confirm that you are of legal age in your jurisdiction of residence to enter into a binding agreement and that you agree to these Terms of Hosting.
3. These Terms of Hosting are in addition to our Terms of Use, which remain applicable to you. The Terms of Use can be found here: https://www.clothingloop.org/terms-of-use. In case of conflicting provisions between the Terms of Hosting and the Terms of Use, the provisions of the Terms of Hosting prevail.
4. We reserve the right to unilaterally amend these Terms of Hosting. We will endeavour to inform you of any material changes to the Terms of Hosting in a timely manner. In addition, we may at any time modify the Platform (being our website, www.clothingloop.org, our app, My Clothing Loop, and any other application(s) used by us), change and/or delete data or restrict or discontinue the use of the Platform or your participation in The Clothing Loop either as a User (being a user of the Platform)/participant or a Host, without any liability on any grounds whatsoever towards you or other third parties and without you being able to derive any rights therefrom.

General rules of conduct

5. The Clothing Loop is an easy-to-access initiative as part of Stichting Slow Fashion Movement for swapping clothes with other people in your area or neighbourhood. The goal of The Clothing Loop is to make it easy and fun to share pre-loved clothes by connecting people in local communities that share a bag of clothes - free of charge. The Platform is solely intended to give Users the opportunity to participate in The Clothing Loop. After they have successfully registered, they will be connected to a Loop near their residence to actively start participating. Although participants and Hosts of a Loop are responsible for the implementation and monitoring of the concept of The Clothing Loop, and for all matters relating to the participation in a Loop and the conduct within a Loop, you as a Host have a key role in making sure the Loop runs smoothly – either independently, or together with one or more additional Hosts. We are happy to assist with tips and tricks, but we as Stichting Slow Fashion Movement have no responsibility and liability in respect hereto. We are only here to facilitate by providing the Platform, the rest is up to you and the participants!
6. Your tasks and obligations as a Host include, among others, the following:
   • organizing the relevant Loop. This includes for example:
     1. sending each new participant a message as soon as possible after the participant has registered, but in any case, within 4 weeks after registration to inform the participant about how things are arranged within your specific Loop;
     2. introducing the new participant to the other participants of the Loop;
     3. placing the new participant in a logical place in the route of the Loop; and
     4. being the point of contact for participants of the Loop in case of questions, complaints or suggestions;
   • procure that participants abide by the general rules of conduct applicable to them as described in the Terms of Use and any rules agreed to by the participants of the Loop;
   • issuing a warning to participants if they do not abide by the rules as referred to above;
   • remove participants from the Loop if they no longer wish to participate or if they do not abide by the rules as referred to above;
   • introducing and managing the bags that circulate within the Loop; and
   • regularly checking if the quality of the clothes is good enough to exchange them.
7. As Host, you will also be the point of contact between the Loop and us.
8. It is not allowed to use the Platform or the Clothing Loop (including a specific Loop) for purposes other than the purpose stipulated above, such as (but not only) commercial purposes, unless we have provided our prior written consent to do so. It is also not permitted to offer goods, funds, or services in exchange for any person’s participation in a Loop, nor is it permitted to charge others (or demand or request any consideration) for their participation in or for any items that are exchanged as part of a Loop.
9. You are responsible for and are required to use the Platform carefully and to conduct yourself in a way that aligns with the purpose and values of The Clothing Loop and Stichting Slow Fashion Movement. You are also required to follow any instructions and regulations issued by us as applicable. The foregoing includes (among other things) that you:
   • must provide complete and truthful information;
   • may not share misleading or offensive information;
   • may not violate the rights of ownership and/or other (personal) rights of other Users/participants or third parties (including intellectual property rights);
   • may not perform or permit any acts and/or conduct that violates applicable laws or regulations, public morals, public order or the rights of other Users/participants or third parties (including the rights of Stichting Slow Fashion Movement);
   • must conduct yourself in a respectful and cordial manner in all communications and interactions with other Users/participants and you must adhere to the rules and regulations applicable to any (communication) channels or applications used by the Loop;
   • may not add to the Platform or place via any other (communication) channels or applications used by the Loop any texts, data or files that have illegal or offensive content, for example, discriminatory, racist, sexist or pornographic content, or (otherwise) infringe on the lives of other Users/participants or third parties;
   • must keep your own login data confidential;
   • must keep the personal data of other Users/participants or third parties that may become available to you strictly confidential and, if requested do to so, immediately destroy such personal data;
   • insofar you share (personal) data of other Users/participants or third parties with us (for example, names, telephone numbers and email addresses), you guarantee that you are authorized to share this data with us in accordance with applicable laws and regulations (for example, because you have permission to do so) and that we can use this data for the purposes for which this data has been shared with us;
   • may not spread viruses through the Platform or through any (communication) channels or applications used by the Loop, or otherwise disrupt, prevent or damage (the operation of) the Platform or any (communication) channels or applications used by the Loop; and
   • must respect and consider the good name and reputation of The Clothing Loop and Stichting Slow Fashion Movement.
10. In the event of (suspected) conduct in violation of these Terms of Hosting or contrary to the purpose and values of The Clothing Loop and Stichting Slow Fashion Movement, we may take any action we deem necessary and appropriate, including (but not limited to) denying access to the Platform, removing you from specific Loops, or prohibit you from participating in The Clothing Loop, in whole or in part, temporarily or permanently, and recover any damages and/or costs from you. We may also inform the competent institutions and authorities.

Use of other media and/or communication channels and applications

1. Each Loop decides which channels or applications to use to communicate with participants within the Loop. Stichting Slow Fashion Movement is not responsible or liable for the use of any such channels or applications. The Host(s) and participants of a Loop are and remain responsible for all matters relating to the use of any chosen channel and/or application.

Liability

1. The use of the Platform, and thus participating in The Clothing Loop (including any Loop) is at your own risk and, if applicable, expense.
2. We cannot exclude and do not guarantee that the Platform does not or cannot have any defects. Interruptions, errors, viruses, malware or other defects may occur. In addition, the information on the Platform may not be accurate, complete or up to date. The Clothing Loop is not responsible of liable for these defects.
3. The Clothing Loop shall not be liable for any damage or injury, physical or otherwise (including as a result of viruses and bacteria) resulting from the use of the Platform or participating in The Clothing Loop (including, for the avoidance of doubt, any Loop), unless direct damages are the result of demonstrable intent or gross negligence on our part.
4. The foregoing also means that we are under no circumstances liable for indirect or consequential damages, such as loss of sales or income. You indemnify us against all possible third-party claims resulting from the use of the Platform or participation in The Clothing Loop (including, for the avoidance of doubt, any Loop).

Intellectual property rights

1. Unless otherwise stated, all intellectual property rights and/or similar rights in or to the Platform belong exclusively to us or our licensors. This includes (among other things) the underlying software, texts, images, videos and audio clips. You may make copies of the information and images on the Platform exclusively for your own use, for example by printing or storing them. The commercial use of information and images of the Platform is expressly prohibited.
2. The ownership (insofar that is the case) and responsibility of the texts, data and files placed by you on the Platform or shared withing a Loop remains yours. However, you agree that we can use and distribute these texts, data and files without restriction for any purpose, without acknowledgement and without owing you any compensation, and insofar legally permitted. To the extent necessary, you hereby grant us a free, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sub-licensable right and license to use, reproduce, display, distribute, adapt and modify all texts, data and files posted by you, create derivative works from them and otherwise exploit them in any non-commercial way. Please note that you should not share texts, data and files placed or shared by other Hosts, Users/participant with other parties, unless you have explicit and legally obtained consent from the relevant party.

Privacy and Cookie Policy

1. Please be referred to our Privacy & Cookie policy, which also applies when using the Platform.

Choice of law and other provisions

1. If these Terms of Hosting are or become partially invalid, we and you will continue to be bound by the remaining, applicable provisions.
2. The English version of these Terms of Hosting is binding. Translations are provided for convenience only.
3. These Terms of Hosting shall be governed, to the extent possible, by Dutch law. The applicability of the Vienna Convention on Contracts for the International Sale of Goods is excluded. In the event of any dispute relating to these Terms of Hosting (including the applicability of these Terms of Hosting), we will try to resolve such dispute together. If that is not possible, the competent court in Amsterdam will have exclusive jurisdiction to settle the dispute, to the extent legally permissible.

Contact details

Do you have any questions? Then contact us at:

Email: hello@clothingloop.org

Or by post:

The Clothing Loop

(KVK 85110701)