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Terms and Conditions
The following Terms and Conditions (“Terms”) between you (“you” or “your”) and International Vault Collection Inc. (“we,” “our,” “us,” or “IVC”) describes the terms and conditions on which you may use and access the IVC website via ivccollection.com (the “Site”), jewelry on the Site (each a “Product” and collectively “Products”), content including text, images, or any other media on the Site or elsewhere (“Content”), and services including renting Products (together with the Site, Products, and Content, the “Services”). By using any of the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, and other content and agreements governing your use of the Services, including our Privacy Policy.
Please read these terms carefully. These terms may have changed since you last used the services. By using any part of the services, you agree to these terms. If you do not agree to all of the terms of this agreement, please do not use the site, products, or services.
1. GENERAL
About Membership. Through the Services, we allow members to rent or purchase jewelry. A member is charged a monthly membership fee (“Membership Fee”), in exchange for which he or she can rent a Product or Products for the duration of his or her membership. We offer three membership plans. Your membership plan dictates your Membership Fee and the number of Products you can rent at any one time.
Modification of the Terms or Services. IVC may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason, and without prior notification. We encourage you to revisit and reread these Terms regularly and frequently. Any use of our Site at any time constitutes full acceptance of our service Terms.
Conflict of Terms. In the event these Terms conflict with other content and agreements governing your use of the Services, these Terms shall prevail.
2. REGISTRATION AND MEMBERSHIP
Account registration requires you to submit to IVC certain personal information, such as your name, address, mobile phone number and date of birth, as well as at least one valid payment method (defined in Section 3). You agree to maintain accurate, complete, and up-to-date information on your Account. Your failure to maintain accurate, complete, and up- to-date Account information, including but not limited to having an invalid or expired payment method on file, may result in your inability to access and use the Services, IVC’s termination of this Agreement, the assessment of fees, and/or IVC’s institution of collection procedures.
Account Security. You are solely responsible and liable for any authorized or unauthorized access to your Account by any person and you agree to maintain the confidentiality of your login information and password. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from the use of the Services with your Account. You agree to notify IVC promptly of any unauthorized use of your account.
Discretionary Membership. Membership is limited and may not always be available. Registration does not ensure continued membership. IVC may revoke, cancel, or deny membership at any time and for any reason. If your membership is revoked, canceled, or denied prior to us ever dispatching a Product to you, you shall receive a full refund of any fees you incurred. Waitlist. From time to time, IVC may institute a waitlist (“Waitlist”) for aspiring members (“Waitlisted User”). Registering for the Waitlist requires submitting the same information as for registering for an Account. Registration for the Waitlist, including registration for the Waitlist via Facebook, is subject to the same rules and responsibilities as registering for an Account. Approval for Membership of a Waitlisted User is in the sole discretion of IVC. Your registration for the Waitlist does not guarantee that you will become a Member. Waitlisted Users who are approved for Membership will be notified via email and after they are notified, they will have 7 days to activate their Membership. If you fail to activate your Membership within 7 days or attempt to activate your Membership without a valid payment method on file, you will lose your spot on the Waitlist.
3. FEES AND PAYMENT
Payment Method. Upon registration, you must provide a valid payment method, which must be approved by IVC and our third party payment processor. Valid payment methods are credit cards or debit cards that are accepted by our payment processor and that have a credit limit of at least $500 during the entirety of your membership. Prepaid debit or credit cards are not considered valid payment methods. You hereby authorize IVC or our third party payment processor to charge your payment method for all fees set forth in the Terms herein. You agree to keep your payment method information accurate and up to date and to always maintain a valid payment method on your account. You hereby authorize IVC or our third party payment processor to charge your payment method a temporary hold of up to $500 at any time during your membership, including but not limited to upon registering for an Account and/or for the Waitlist, for purposes of confirming the validity of your payment method.
Monthly Membership Fee. Your membership begins as soon as your initial payment is processed. Your Membership Fee will be recurring and will be charged to your payment method every 30 days. Your Membership Fee is due on the first day of each 30-day billing period. You hereby authorize IVC or our third party payment processor to charge your payment method for the applicable Membership Fee on a monthly (recurring) basis until your membership is cancelled. The Membership Fees include shipping and reasonable wear and tear, but not significant damage, loss, or theft. Membership Fees are non-refundable except as expressly stated otherwise. Taxes may apply to Membership Fees.
Product Purchases. You may only purchase Products that you are currently renting. Each Product is available for purchase for its member’s price (“Member’s Price” or “Purchase Fee”). The Product’s Member’s Price can be seen on the Product page. Taxes may apply.
Purchase Credit. For each month that you are a member, and regardless of your membership tier, you earn credit in the form of purchase credit (“Purchase Credit”), which can be used only towards the purchase of Products. Your Purchase Credit will continue to accumulate unless and until it is applied towards a Product’s Purchase Fee or your membership is canceled. Upon cancellation of your membership, your Purchase Credit will reset and will not be restored.
Membership Tiers and Pricing. Your Membership Fee and the number of Products to which you will have access will depend on the Membership Tier in which you enroll. You will be charged at the then-current Membership Fee associated with your Membership Tier. The current Membership Fee associated with each Membership Tier is set out on the Site, but is subject to change at our discretion. You will be given at least one month notice for any such impending Membership Fee increase.
Membership Upgrades. If you would like to upgrade your Membership, email us stating your request to upgrade as well as which Membership Tier to which you would like to upgrade. We will usually process your request within one business day. You will be charged the difference between your previous Membership Fee and your new Membership Fee, prorated based on the number of days left in your 30-day billing period. That prorated amount will be added to your monthly charge on your next bill date.
Membership Downgrades. If you would like to downgrade your Membership, email us your request to downgrade. We will process your request to downgrade after receiving your email and receiving all Product(s) in excess of that which you are allowed to borrow under your requested Membership Tier. Your new Membership Fee will take effect for the subsequent 30-day billing period. We will not credit you for any days remaining in the 30-day period in which we processed your request to downgrade. If, by the end of your next billing cycle, you fail to return all Product(s) in excess of that which you are allowed to borrow under your requested Membership Tier, your request to downgrade will be with drawn and you will have to re-submit a request to downgrade your membership.
Exceptions for Products Lost or Damaged by Shipping Provider. Notwithstanding the foregoing, if a Product is lost or damaged while it is in custody of the shipping provider, you are not liable for that Product. An outgoing Product (sent by IVC) is considered to be in the custody of the shipping provider unless and until it is scanned or otherwise documented by the shipping provider to have been delivered to your address on file. An incoming Product (sent to IVC) is considered to be in the custody of the shipping provider only after it is scanned or otherwise documented as having been received by the shipping provider. You are required to return Products to IVC using the prepaid postage we have provided you unless stated otherwise. If you attempt to return a Product using a shipping method or label that has not been approved by IVC, you are liable for the loss or damage.
Due Date of Purchase Fee for Non-Returnable Product. The Failed Payment. If a Membership Fee is due and the payment method you have on your Account cannot be charged by us and/or our payment processor for the entire amount due, the Purchase Fee(s) for any Product(s) not yet received by us are automatically and immediately due.
Purchase Fee for a Product that is non-returnable because it is lost, stolen, irretrievable, or destroyed is due on the last day of your membership. The Purchase Fee for a Product that is non-returnable because it is damaged is due on the last day of your membership or the day we receive the damaged Product, whichever is sooner.
Failed Payment. If a Membership Fee is due and the payment method you have on your Account cannot be charged by us and/or our payment processor for the entire amount due, the Purchase Fee(s) for any Product(s) not yet received by us are automatically and immediately due.
Continued Ability to Attempt Charges. You hereby authorize IVC to charge or attempt to charge the payment method on your Account at any time on and/or after the day any fees are due.
Delinquent Accounts. If you fail to have a valid payment method on your Account on the day a fee is due (Membership Fee or Purchase Fee) and/or any outstanding fees that are owed have not been paid in full, your Account is deemed delinquent (“Delinquent”). Your account will continue to be deemed Delinquent until you have paid any and all outstanding fees. IVC retains sole discretion to delay, waive, or refund a Purchase Fee for a Delinquent (or previously Delinquent) Account.
Purchase Fees for Accounts Cancelled by IVC. If your Account is cancelled by IVC for any reason, you agree to send all Products in your possession to us immediately. If IVC has not received your Products within seven business days after notifying you that your Account has been cancelled, you will be liable for the Purchase Fee for all Products not yet received by us by that date.
Collections and Procedures for Delinquent Accounts. If your account is Delinquent for 7 or more days, then IVC may institute collection procedures. IVC may use or share with third party collection agencies any information it has on file, including personal information and/or billing information, to recover any outstanding fees. You agree to pay IVC’s costs of collection including without limitation, reasonable attorneys’ fees. If your account is Delinquent for 7 or more days, IVC may also file a police report and take any actions it deems reasonably necessary to collect outstanding debt.
4. PRODUCTS
Rental Time. Subject to your compliance with these Terms (including payment of fees) and our right to terminate the Services, we do not impose any limitations on the time period during which you may keep any product we have sent to you through IVC.
Product Risks. We clean, sterilize and inspect each Product we send to you, but use of the Products is at your own risk and IVC shall not be held liable for any health related complaints associated with Products.
Member’s Product Responsibilities. You will treat all Products you rent from IVC with great care. You are responsible for all loss of, or destruction or damage to, any Product due to theft, mysterious disappearance, fire, or any other cause, other than normal wear and tear, including, but not limited to, alterations made to a Product without the expressed authorization of IVC and disregard for reasonable care required for a specific Product.
Authenticity of Products. We go to great lengths to ensure that all of our Products are authentic. We buy either directly from the designer or from reputable third party sources. We only buy from third party sources that we consider reputable and that guarantee authenticity. Unless noted otherwise, the brands sold on the Site are not partnered or affiliated with IVC in any manner. However, IVC fully cooperates with brands seeking to track down the source of counterfeit items.
Deviation from Product Descriptions or Images. You acknowledge that a Product may be different in person than descriptions or images of the Product on the website. You acknowledge that Products may exhibit more wear in person than shown in images on the website and that Products may change in color or otherwise in appearance over time.
5. SHIPPING, DELIVERY, AND EXCHANGE
Delivery and Receipt of Products. All deliveries will be through IVC’s shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of IVC. You bear responsibility for items that are delivered to your address. You acknowledge that shipping to an address where an individual can physically receive the item is highly recommended. In the event that your are not present to physically receive a Product, you agree to bear all liability for loss, theft or disappearance of a Product left unattended.
Returns. You must return at least one (1) Product to us in order to be eligible to receive another Product. With delivery of Product(s) to you, IVC will provide you with a pre-paid, pre-addressed shipping label (“Return Label”) and IVC branded boxes that contain the Product (“Product Box”). The Product Boxes are not yours to keep. When you are ready to return any of your Products, place said Product in the Product Boxes in which you received them, place those Product Boxes in the packaging in which you received the shipment, securely seal the packaging, affix the Return Label to the packaging (make sure the original shipping label is covered), and place the shipment at our shipping partner’s outgoing mailbox or arrange for a pick-up with our shipping partner (if available in your area). The name of our shipping partner will be stated on the shipment and/or the Return Label. The Return Label can be used to return one, some, or all of the Products you currently have. When we receive any shipment of returned Products from you, our next shipment to you will consist of the number of Products that you have returned.
Return Requirements. Products must be returned in the Product Boxes and with the provided Return Label. Any measures that were used to secure the Products when we send them to you (such as padding) should be used in the return packaging. The Products should be sent back in the original packaging in which you received your last shipment, including the bags or pouches that contained individual Product(s). If the original packaging has been lost or damaged, you may use alternate packaging so long as that packaging (a) is sufficiently secure such that the Products will not be damaged in transit and (b) you have verified with our shipping partner that the alternative packaging can be used with the Return Label. If you lose your Return Label, contact us to receive a new one. We will provide a Return Label each time we send you a Product, unless we have sent you a yet unused Return Label. IVC will provide you with at most one Return Label at any given time. If you have sent us Products with the provided return label and retained other Products, you agree not to send us the retained Products until you have received a new Return Label. If you send IVC Products with a shipping method other than the Return Label, you bear all costs and liabilities associated with shipping said Products and shipment of subsequent Products by IVC may be delayed.
6. CANCELLATION
Cancellation by Member. To cancel your Membership, you must email us stating your intent to cancel at hello@joinIVC.com and return all IVC Products in your possession. Your cancellation does not take effect until (1) you inform IVC that you want to cancel and (2) we have received all Product(s) you have been renting. You must return your IVC Products before the end of the billing period in which you want to cancel your membership to avoid a Membership Fee for the subsequent billing period. If IVC does not receive all of your Products by the end of your billing period in which you have communicated your intention to cancel, IVC will charge you a Membership Fee for the subsequent billing period and your membership will remain in effect until we receive all of your IVC Products.
Cancellation by IVC. Any violation of these Terms may result in suspension or termination of your membership and/or access to the Services. IVC may also terminate your account if it determines that your conduct poses a risk or liability to IVC, or for any other reason as determined by IVC in its sole discretion. IVC may also cancel the Services for any reason in its sole discretion. If we cancel the Services or your Membership for reasons other than your conduct or violation of these Terms, we will give you a prorated refund for the remainder of your subscription period so long as all Products are received by us within 10 days of informing you of said cancellation.
Effect of Cancellation. Upon cancellation of membership, the cancelled member must return all Products in his or her possession and the cancelled member will remain responsible for all fees including outstanding Membership Fees and Purchase Fees.
7. CONTENT AND INTELLECTUAL PROPERTY
Updates to Content. We do not represent or warrant that all IVC Content, including Product descriptions and specifications, is accurate, complete, or current. We reserve the right to correct any errors or omissions, and to change or update information, including Product pricing, at any time and without prior notice to you.
Third Party Content. The Services may refer to or incorporate non-IVC websites, products, services, or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and IVC is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any third Party Content is independent from IVC, and IVC has no control over the Third Party Content. In addition, including or referring to Third Party content does not imply that IVC endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
Use of IVC Content. No part of the Services, including IVC Content, may be reproduced or transmitted in any form, by any means except that IVC authorizes you to view, copy, download, and print IVC Content provided that: (a) you use the IVC Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the IVC Content; and (c) you do not remove any copyright, trademark, or proprietary information in the IVC Content.
Your Content. If you post, upload, or make available to IVC or the Services, or otherwise submit to or through IVC as part of your use of the Services, any information, data, text, images, files, links, software, chat, communication or other materials (“Your Content”), you hereby grant to IVC a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, and transmit, and otherwise exploit Your Content and biographical information in connection with Your Content in all media formats and distribution methods now known or hereafter devised in connection with the Services without notice to or permission from you. By submitting Your Content, you represent and warrant that Your Content conform to these Terms and that you own or have the necessary rights to said content.
Copyright. The Services, including IVC Content, are the property of IVC or that of third parties and is protected by United States and international copyright law. You may not copy and disseminate IVC Content without our expressed authorization or that of a third party that may own such IVC Content. Trademarks. The trademarks logos, service marks and trademarks (“Trademark Materials”) of IVC and of third parties may not be used without our expressed authorization or that of a third party that may own such Trademark Materials.
Services License. Subject to your compliance with these Terms, IVC grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes.
Arbitration Information. Arbitration is less formal than a lawsuit in court. Instead of a judge or jury, disputes in arbitration are resolved by a neutral arbitrator. Except to the extent the parties have agreed otherwise, arbitrators can award the same damages and relief as a court. You agree that the US Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and IVC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
Arbitration Procedure. If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to IVC, [Wyoming]. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules, including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling (800) 778-7879. The number of arbitrators shall be one (1). You may choose to have the arbitration conducted via telephone, mail, or in person. The arbitration will be conducted in the English language. California law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Arbitration Fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Authority over Arbitration Agreement. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. However the preceding sentence shall not apply to the arbitration waiver below.
Arbitration Opt-Out. If you do not want to arbitrate disputes with IVC and you are an individual, you may opt out of this arbitration agreement by emailing us at hello@joinIVC.com within thirty (30) days of the first date you access the Site or use any of the Services.
9. MISCELLANEOUS
Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET OUT HEREIN, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, IVC DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL IVC BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF IVC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Use of the Services. You may not use the Services for any illegal or unauthorized purpose. It is strictly forbidden to use the Services to transmit any content, information, or other materials that are obscene, abusive, threatening or defamatory or to use the Services to contact, advertise, or solicit to another user.
Indemnification for Breach. By use of the Services, you agree to indemnify, hold harmless and defend IVC and its officers, directors, agents, and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
Governing Law and Venue. These Terms are governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a state or federal court located in Wyoming, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non convenience. Entire Agreement. These Terms are the entire agreement between you and IVC relating to the subject matter herein and shall not be modified except by IVC in accordance with these Terms, or as otherwise agreed in writing by you and IVC. No employee, agent or other representative of IVC has any authority to bind IVC with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
Severability and Waiver. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Assignment. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. IVC may assign these Terms at any time without notice