Our Terms

Terms of Use
Welcome to Rize. To help you fully enjoy using the Rize site and services we’ve laid down some simple ground rules.

1. Agreeing to our Terms

These and our User-specific terms (below) make up our Terms of Use (or “Terms” for short).

The Terms are a legally binding contract between you and Rize Fashion Limited.

This contract sets out your rights and responsibilities when you use the services provided by Rize (we’ll refer to our website as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

2. User-specific terms

Rize’s Services connect emerging fashion designers and customers around the world to sell and buy unique goods. All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Please read the rest of this document though as it applies to all users. The following policies cover specific rules that apply to you depending on whether you sell or buy products on Rize:

Terms for Designers

If you list any items for sale through our Services, these terms apply to you.

Read them here.

Terms for Buyers

If you use our Services to browse or shop, these terms apply to you.

Read them here.

3. Privacy

You quite rightly care about you personal information — we do too. Our Privacy Policy details how your information is used when you use our Services, and it’s also a part of our Terms. Read it here.

4. Rize Accounts

Some services on Rize require you to create an account. Here are a few rules about accounts with Rize:

Be old enough
You must be 18 or older to use our Services or you may only use our Services under parental or legal guardian supervision.

Be real
Provide true, accurate, current and complete information about yourself. It’s not cool to use false information or impersonate another person or company.

Be responsible
You’re solely responsible for any activity on your account. If you’re sharing an account with someone else, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

Protect your password
You’re solely responsible for any activity on your account, so please ensure your account password is secure.

Our relationship
These Terms don’t create any agency, partnership, joint venture, employment or franchisee relationship between you and Rize.

5. Your content

Anything you post using our Services is ‘Your Content’. That includes anything you post using our Services (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, etc.).

Responsibility for your content
You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

Permission to use your content
By posting Your Content through our Services, you grant Rize a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Rize function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.

Rights you grant Rize
By posting Your Content, you grant Rize a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Rize, your Rize shop, or the Services in general, in any formats and through any channels, including across any Rize Services or third-party website or advertising medium.

All of this is necessary for us to keep Rize running. For example: if you upload a photo of a listing on your Rize shop, first, we have permission to display it to buyers, and second, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Rize’s.

Reporting unauthorised content
Rize has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us.

If your content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.

Inappropriate, false or misleading content
Obviously, there are certain types of content we don’t want posted on Rize’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

6. Use of our Services

License to use our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

Don’t use our services to break the law
You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; and don’t commit fraud, theft or any other crimes against Rize, another Rize user or a third party.

Payments
Designers are solely responsible for collecting and/or paying any applicable taxes for any sales you make through our Services. Your responsibilities with regard to fees and taxes are explained in our Fees & Payments Policy.

Don’t steal From Rize
You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.

Don’t try to harm our systems
You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

Follow our trademark policy
The name “Rize” and the other Rize marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks of Rize.

Sharing ideas
We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Rize (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Talk to us online
Rize will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

7. Termination

Termination by you
We hope you don’t, but you are free terminate your account with Rize at any time by request. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination.

Termination by Rize
We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website. Rize may refuse service to anyone, at any time, for any reason.

If you or Rize terminate your account, you may lose any information associated with your account, including Your Content. If you sell on Rize you are obligated to fulfil or refund any outstanding orders.

Discontinuation
Rize reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8. Warranties and limitation of liability

Items you purchase
Rize does not manufacture, store or inspect any of the items sold through our Services. Rize simply provides the marketplace; the items in our marketplace are produced and sold directly by independent sellers, so Rize can’t and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Rize from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).

Content you access
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Rize is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People you interact with
You can use the Services to interact with other individuals. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.

Third-party services
Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Rize is not a party to those agreements; they are solely between you and the third party.

9. Warranties

Rize is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.

We do not guarantee that:
(i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability limits
To the fullest extent permitted by law, neither Rize, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Rize’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Rize in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

10. Indemnification

We hope this never happens, but if Rize gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Rize (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

11. Disputes with other Users

If you find yourself in a dispute with another user of Rize’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Release of Rize
You release Rize from any claims, demands and damages arising out of disputes with other users or parties.

12. Disputes with Rize

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

Governing Law
The Terms are governed by the laws of New Zealand. These laws will apply no matter where in the world you live.

Arbitration
You and Rize agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language. The substantive laws of New Zealand shall apply and such dispute shall be referred to a Mediator to be agreed between the parties on a shared cost basis and upon failure to accept the resolution of the Mediator shall be referred to an Arbitrator to be agreed between the parties and upon failure to reach agreement arbitration be conducted in accordance with the New Zealand Arbitration Act 1996. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Rize are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

Forum
Rize is based in Auckland, New Zealand, so any legal action against Rize related to our Services must be filed and take place in Auckland. That means the seat of any arbitration shall be Auckland.

13. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

14. Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Rize regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

15. Contact information

If you have any questions about the Terms, please contact our legal team.

Last Edited on 22 April 2017