Terms of Use - The Clothing Loop

Version dated 2022, January 29th

Terms of Use

1. These terms of use, as amended from time to time (hereinafter referred to as the "Terms of Use"), stipulate (a) the terms under which use may be made of the website, www.clothingloop.org and the application (together and separately hereinafter also referred to as the "Platform") of and offered by The Clothing Loop (hereinafter referred to as “The Clothing Loop" or "we" or "us") as part of Stichting Slow Fashion Movement, (KVK 85110701) and (b) the terms of your participation in The Clothing Loop.
2. By using the Platform, you (hereinafter also referred to as the"User") confirm that you are of legal age in your jurisdiction of residence to enter into a binding agreement.

Applicability and amendments

3. By using the Platform and thus participating in The Clothing Loop, you agree to the Terms of Use, and the Terms of Use shall apply to your use of the Platform and participation in The Clothing Loop.
4. We reserve the right to unilaterally amend these Terms of Use. We will endeavour to inform you of any (material) changes to the Terms of Use in a timely manner. In addition, we may at any time modify the Platform, change and/or delete data or restrict or discontinue the use of the Platform or your participation in The Clothing Loop, without any liability on any grounds whatsoever towards you or other third parties and without you being able to derive any rights therefrom.

Use of the Platform and general rules of conduct

5. 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, www.clothingloop.org, is solely intended to give Users the opportunity to participate in The Clothing Loop. After you have successfully registered, you will be connected to a local Loop near your residence to actively start participating. We note that the participants/users of a local Loop are responsible for the implementation and monitoring of the concept of The Clothing Loop – you and your community must do it together! Although The Clothing Loop is happy to assist with tips and tricks, it has no responsibility and liability in respect hereto. We are only here to facilitate by providing the Platform, the rest is up to you!
6. It is not allowed to use the Platform for purposes other than the purpose stipulated above, such as (but not only) commercial purposes, unless The Clothing Loop has provided its prior written consent thereto. It is also not permitted to offer goods or services in exchange for any person’s participation in the Clothing Loop (including yours), nor is it permitted to charge others for their participation in The Clothing Loop or for any items that are exchanged as part of The Clothing Loop.
7. 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. You are also required to follow any instructions and regulations issued by The Clothing Loop 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 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 or third parties (including the rights of The Clothing Loop);
   • must conduct yourself in a respectful and cordial manner in all communications with other Users and you must adhere to the rules and regulations applicable to any channels used by the local Clothing Loops;
   • may not add to the Platform (or via any other channels used by a local 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 private lives of other Users or third parties;
   • must keep your own login data confidential;
   • must keep the personal data of other Users or third parties that may become available to you strictly confidential and, if requested do to so, immediately destroy such personal data;
   • insofar as you share (personal) data of other Users 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 other channels used by the Clothing Loop), or otherwise disrupt, prevent or damage (the operation of) the Platform;
   • must respect and consider the good name and reputation of The Clothing Loop;
   • must install the application correctly and install updates to the application;
   • may not sell or rent (the software behind) the Platform to third parties or otherwise make it available to third parties;
   • may not de-compile, reverse engineer or modify the Platform without The Clothing Loop’s prior consent. You may also not remove or allow to be removed or circumvent any technical measures intended to protect the Platform.
8. In terms of items (to be) shared as part of the Clothing Loop, you:
   • represent and warrant that you are the owner of such items;
   • ensure that any items provided are clean, ready to wear and in good shape (not discolored or damaged);
   • acknowledge and agree that you may not reclaim any items you previously provided;
   • acknowledge and agree that The Clothing Loop (nor any other Users) are responsible or liable for any lost items.
9. In the event of (suspected) use of the Platform or conduct in violation of these Terms of Use or contrary to the purpose and values of The Clothing Loop, we may take any action we deem necessary and appropriate, including (but not limited to) denying access to the Platform, removing you from a local Loop, 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.

Links to other websites and/or applications

10. It is possible that the Platform refers to external internet pages and/or applications, or vice versa. The Clothing Loop is not responsible or liable for the use of or the content of these external internet pages and/or applications.

Liability

11. The use of the Platform, and thus participating in The Clothing Loop is at your own risk and (if applicable) expense.
12. 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.
13. The Clothing Loop, shall not be liable for any damage or injury, physical or otherwise (including as a result of viruses, bacteria, resulting from the use of the Platform or participating in The Clothing Loop, unless direct damages are the result of demonstrable intent or gross negligence on the part of The Clothing Loop.
14. The foregoing also means that The Clothing Loop is 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.

Intellectual property rights

15. Unless otherwise stated, all intellectual property rights and/or similar rights in or to the Platform belong exclusively to The Clothing Loop 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.
16. The ownership of the texts, data and files placed by you on the Platform 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 way, commercially or non-commercially.

Privacy and Cookie Policy

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

Choice of law and other provisions

18. If these Terms of Use are or become partially invalid, you (and The Clothing Loop) will continue to be bound by the remaining, applicable provisions.
19. The English version of these Terms of Use is binding. Translations are provided for convenience only.
20. These Terms of Use 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 Use (including the applicability of these Terms of Use), 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