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Terms of Use

Effective as of October 2017

Welcome to the www.novaocto.com website (the “Site”). The Site is owned and operated by Nova Octo LLC (“Nova Octo”). Use of the Site is offered to you (“User”) conditioned on User’s acceptance, without modification, of the Terms of Use contained herein (the “Terms”). The following Terms, together with any documents expressly incorporated by reference, are entered into by and between User and Nova Octo. These Terms govern User’s access to and use of the Site, as well as the Nova Octo Showroom located at 88 Laight Street, New York, New York 10013 (the “Showroom”) and related services offered on or through the Site including product rental (the “Item(s)”), sale services (the “Sale Services”), and style consultations (the “Appointments” and, collectively with the Item(s), Sale Services and Appointments, the “Services”).

Please read these Terms carefully before starting to use the Site. By accessing and/or using the Site or any of the Services, User unconditionally accepts and agrees to be legally bound and abide by these Terms. If User does not want to agree to these Terms, User must not access or use the Site and/or may not obtain or access any of the Services.

1.USE OF SERVICES

1.1 Privacy

User agrees that use of the Site is subject to Nova Octo’s Privacy Policy (the “Privacy Policy”), which is available on the Site. Please review the Privacy Policy, which informs Users of Nova Octo’s data collection practices. The Privacy Policy is incorporated into these Terms by reference as if fully set forth herein. By using the Site, User consents to all actions taken by Nova Octo with respect to User’s information in compliance with the Privacy Policy.

1.2 User Account.

Personal information will be required by Nova Octo when User creates an account or subscribes to Nova Octo’s mailing list. User agrees that all information provided to Nova Octo at registration and any point thereafter is true and complete. User is responsible for the confidentiality of its/his/her password and agrees to accept all responsibility for any activities performed under its/his/her account. User is required to submit the most updated and correct information in its/his/her account and shall not include any information or data that could be deemed, in Nova Octo’s sole discretion, abusive, defamatory, inappropriate, or an infringement on any third party’s rights. Nova Octo reserves the right to suspend an account or modify the information within any account should it consider the information provided by User as abusive, defamatory, inappropriate, or an infringement on any third party’s rights. Nova Octo may also cancel its relationship with User at any time if User fails to pay any amount owed to Nova Octo for any Services within fifteen (15) days of a written request for payment. Nova Octo reserves the right to pursue any other and additional recourse against User, at law or in equity. User may close its/his/her account at any time by following the applicable instructions on the Site.

1.3 User Content

Any content that User submits to the Site, or shares on or with any of Nova Octo’s social media accounts (“Company Social Media”), or that User submits to its/his/her social media accounts and therein references Nova Octo or Company Social Media with tags or hashtags (or otherwise), may be used, adapted, reproduced, sub-licensed and distributed worldwide by Nova Octo at any time. User acknowledges and agrees that Nova Octo shall not be responsible or liable, directly or indirectly, for any content created by Users or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content published on Company Social Media or on any other website.

1.4 No Unlawful or Prohibited Use/ Intellectual Property

Users are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of User’s use of the Site, User warrants to Nova Octo that User will not use the Site for any purpose that is unlawful or prohibited by these Terms. User may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, including, but not limited to, text, graphics, logos images, as well as the compilation thereof, and any software used on the Site, is the property of Nova Octo or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. User agrees to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. User will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Nova Octo content is not for resale. User’s use of the Site does not entitle User to make any unauthorized use of any protected content, and in particular User will not delete or alter any proprietary rights or attribution notices in any content. User will use protected content solely for personal use, and will make no other use of the content without express written permission of Nova Octo and the copyright owner (if other than Nova Octo). User agrees that he or she does not acquire any ownership rights in any protected content on or from the Site. Nova Octo does not grant User any licenses, express or implied, to the intellectual property of Nova Octo, or our licensors, except as expressly authorized by these Terms. Any reproduction, distribution, commercialization or transformation of content that has not been specifically authorized by Nova Octo, or the titleholder(s) thereof, constitutes an infringement of Nova Octo’s or the titleholder’s intellectual property rights as protected by law.

1.5 Electronic Communication

By visiting the Site or using the Services, User consents to receive electronic communications from Nova Octo. User agrees that all agreements, notices, disclosures and other communications that Nova Octo provides to User electronically, via email and/or on the Site, satisfy any legal requirement that such communications be in writing. If User is under eighteen (18) years of age, User may use the Site only with the permission of a parent or guardian. For more information on Nova Octo’s privacy practices, please see the Privacy Policy.

1.6 Imagery

Nova Octo does everything possible to guarantee that Item photography on the Site or in its Showroom is accurate and representative of the Item, however the color and fit of an Item may slightly differ than how it is captured in a photograph. Nova Octo is not responsible for any refunds or credit to User’s account should User consider an Item to look different in person than it does on the Site or in the Showroom.

2. RENTAL PROCESS

User accepts that all Items User rents from Nova Octo remains the property of Nova Octo. Each Item shall be available for use by Use for one (1) “Rental Period”, which these Terms define as a period of four (4) days, with the first day being the delivery date and the last day being the return date or date of collection for the item.

2.1. Rental Price

The rental price (“Rental Price”) listed for an Item on the Site or on each item in the Showroom is in USD. Nova Octo makes all efforts to ensure that the Rental Price displayed on the Site and in the Showroom is correct, however sometimes prices may change. Should Nova Octo detect any discrepancies between the Rental Price displayed on the Site and/or in the Showroom with the actual price charged, User will be informed as soon as possible and granted the right to cancel its rental, with full refund at any point before the first date of the Rental Period. Nova Octo will immediately adjust the displayed Rental Price on the Site should any discrepancy be detected.

2.2. Rental Fees

The total value on the invoice User receives for each order of an Item will be composed of the Rental Price, plus taxes, damage waiver charges, and delivery charges for the order. When User places a rental order on the Site, User hereby authorizes Nova Octo to charge the credit or debit card provided by User during and for the transaction. If an Item is reserved in advance, Nova Octo will charge a fee to User’s credit or debit card at the time that the Item is reserved, and User hereby authorizes Nova Octo to pre-charge User’s credit or debit card for a total amount that is additional to the Rental Price of the Item(s), but no higher than the retail value of the Item(s). The Rental Price of an Item as listed on the Site does not include federal, state and local taxes, or customs and duties fees, all of which shall be paid by User as part of the order.

2.3. Availability

Subject to availability for the date(s) requested, Nova Octo will deliver each Item ordered by User. In the event that an Item becomes unavailable between the time that the order is placed and the beginning of the Rental Period, Nova Octo will use reasonable efforts to notify User that the Item is unavailable

2.4. Cancellations

User has the right to cancel its/his/her order subject to the following cancellation fees and policies: If User cancels within seven (7) days from the date of the order and cancellation is confirmed ten (10) days in advance of the Rental Period, there is no cancellation fee. If User cancels less than ten (10) days but more than five (5) days in advance of the Rental Period, User will be charged 50% of the total Rental Price. If User cancels less than five (5) days in advance of the Rental Period, User will be charged the full amount of the total Rental Price.

2.5. Payment

Nova Octo accepts all major credit and debit cards for all transactions. Nova Octo can also accept cash payments when the transaction takes place in person in our Showroom. Nova Octo reserves the right to deny transactions attempted via any payment method that Nova Octo considers fraudulent, inappropriate, or unsafe.

3. CARE

3.1. Cleaning and Fabric

Nova Octo is responsible for the dry cleaning of each Item after every use. Nova Octo shall not be held liable for any health issues or complaints for treatments that have resulted from the care of an item or from its fabric composition, and User hereby expressly waives any such claims related thereto.

3.2. Alterations

Nova Octo can arrange for an Item to be temporarily altered based on information that User supplies. These reversible alterations can only be performed by a tailor who has been approved by Nova Octo and with whom Nova Octo has partnered. User is not allowed to arrange for its/his/her own alterations to be made to any Item. In the event a User alters an Item in violation of these Terms, Nova Octo may demand immediate payment from User for such violation in an amount no less than the retail value of the Item damaged.

3.3. Damage Fees

Nova Octo takes impeccable care of its Items and trusts that User will do the same. User agrees to treat the Items with great care and is responsible for loss, destruction or damage to an Item, other than normal wear and tear. If User returns an Item with damages above what Nova Octo considers normal wear and tear, User will be charged for the full retail price of the Item.

4. DELIVERY

4.1 Generally

Nova Octo will deliver any Item(s) to User unless User would like to collect the Item from the Showroom or arrange another collection method. For customers based in New York City, Nova Octo provides a same day delivery option as long as the order has been placed before 3:00 p.m. on the same day. In such a case, the Item will be delivered by courier no later than 8:00 p.m. on the same day. For Users based outside of the New York City area, Nova Octo will arrange shipping via FedEx and will provide all paperwork required for returning the Item at the end of User’s Rental Period. An adult signature is required for any delivery.

4.2. Receiving the Item(s)

When User receives an Item, whether by courier or FedEx, User (or another adult on behalf of User) will have to sign for it. User is responsible for sharing with Nova Octo the right information for delivery and for being present at the time of delivery. The Item is in User’s care from the moment it is delivered to User and signed for by or on behalf of User.

4.3. Packaging

Nova Octo will send every Item to User in Nova Octo packaging (hanger, garment bag, carrier bag, box), which is designed to protect the Item(s) during transport and delivery. Nova Octo kindly asks that each Item be returned to Nova Octo as it was provided to User. Nova Octo will provide User with any documentation necessary to return the Item on the last day of User’s Rental Period.

4.4. Returning the item(s)

Users will be responsible for ensuring the return of the item(s). The return needs to be made before 1pm on the last day of the rental period. If not, the User will be charged a $100 late fee.

4.5. Delays

Should there be any delays with the delivery of an Item or should Nova Octo’s delivery services be unable to complete delivery for the planned date or time, Nova Octo will use all reasonable efforts to notify User. Nova Octo is not responsible for delays or failed deliveries due to Events Outside Our Control, as further defined below.

5. STYLE CONSULTATIONS

Users may schedule an Appointment in the Showroom via the Site or by emailing contact@novaocto.com. Appointments are complimentary.

6. CHARITIES

Nova Octo contributes to causes that are important to Nova Octo by donating to specific chosen charities and charitable entities. Outside of Nova Octo’s own donations, Nova Octo contributes 15% of proceeds for each transaction to the charity or organization selected by a User during the order process. The organizations that are available for Users to select from have agreed to Nova Octo’s commitment and support, and have granted Nova Octo use of any digital content or written material shared by Nova Octo on the site or on Company Social Media. Nova Octo is not responsible for any statements made by any of the supported organizations and is not affiliated with any political claims made by any supported organizations. Nova Octo may end its relationship with any organization at any time should Nova Octo find it necessary, due to any changes in management or code of conduct within the organizations or due to any communication that Nova Octo does not consider compatible with Nova Octo’s vision and values as a company, or for any other reason.

7. EVENTS OUTSIDE OUR CONTROL

Nova Octo will not be liable or responsible for any failure to perform, or delay in performance of, any of Nova Octo’s obligations under these Terms that is caused by an Event Outside Our Control.  An “Event Outside Our Control” means any act or event beyond Nova Octo’s reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. If an Event Outside Our Control takes place that affects the performance of Nova Octo’s obligations under these Terms, Nova Octo will contact User as soon as reasonably possible to notify User, and Nova Octo’s obligations under these Terms will be suspended and the time for performance of Nova Octo’s obligations will be extended for the duration of the Event Outside Our Control.

8. INDEMNIFICATION

To the fullest extent permitted by law, User agrees to indemnify, defend and hold harmless Nova Octo, its members, managers, officers, directors, employees, agents and third parties, from and against any and all losses, costs, liabilities, claims, damages and expenses of any kind (including reasonable attorneys’ fees) arising out of or in any way connected with the Site, the Services, and/or User’s Personal Information or Non-Personal Information (as defined in the Privacy Policy) and which is based upon a breach of any duty or obligation on the part of User or any agent of User, even if no negligent act is found to have occurred. Nova Octo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will fully cooperate with Nova Octo in asserting any available defenses.

9. LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, ITEMS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN AND TO THE SITE. NO WARRANTIES OR GUARANTEES IMPLIED OR OTHERWISE ARE MADE THROUGH THE SITE TO USER, UNLESS EXPLICITLY STATED OTHERWISE. NOVA OCTO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME WITHOUT NOTICE. NOVA OCTO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE.

UNDER NO CIRCUMSTANCES SHALL NOVA OCTO BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IF USER IS DISSATISFIED WITH ANY PORTION OF THE SITE, THE SERVICES OR WITH ANY OF THESE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE SERVICES.

10. DISCLAIMER

User’s use of the Site is at its/his/her sole risk. The Site is provided on an “as is” and “as available” basis. Nova Octo does not warrant that: (a) the Site will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Site is free of viruses or other harmful components; or (d) the results of using the Site will meet User’s satisfaction.

11. CHANGES TO TERMS

Nova Octo reserves the right, in its sole discretion, to change these Terms at any time without notice. The most current version of these Terms posted on the Site will supersede all previous versions. Nova Octo encourages User to periodically review these Terms to stay informed of updates. If Nova Octo makes any material changes to these Terms, Nova Octo will notify Users by placing a prominent notice on the Site.

12. TERMINATION

Unless specifically agreed otherwise, Nova Octo reserves the right, in its sole discretion, to terminate User’s access to the Site and the Services or any portion thereof at any time, without notice. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. ENFORCEMENT

Even if Nova Octo does not enforce these Terms immediately after a breach or default hereunder by User, or what Nova Octo considers a failure to comply with these Terms by User, Nova Octo reserves the right to enforce these Terms at a later date.

14. GOVERNING LAW; RELATIONSHIP

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site will be subject to the exclusive jurisdiction of the courts of the State of New York in New York County or the United States federal courts in the Southern District of New York. User waives any and all objections to the exercise of jurisdiction over User by such courts and to venue in such courts. Nova Octo’s performance is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Nova Octo’s right to comply with governmental, court and law enforcement requests or requirements relating to User’s use of the Site or information provided to or gathered by Nova Octo with respect to such use.

15. ENTIRE AGREEMENT

Unless otherwise specified herein, these Terms constitute the sole and entire agreement between User and Nova Octo with respect to the Site and the Services and supersede all prior or contemporaneous understandings, agreements, representations, communications and proposals, whether electronic, oral or written, between the User and Nova Octo with respect to the Site and the Services. Nova Octo’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. A printed version of these Terms and any notice given in electronic form related hereto shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16. SEVERABILITY

If any provision in these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.