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Terms of Service

Effective Date: 30 August 2022          

TERMS OF SERVICE These Terms of Service (the “Terms”) govern your use of the website Glimpse.us (and any successor or assignee website), our mobile application (jointly, the “Website”), owned and operated by Glimpse, FZE and/or its affiliates (“Glimpse”, “we”, or “us”), having its registered address at WeWork Middle East 08-104-001, 002, 003, 004, 8th floor, the Offices 4 – One Central, Dubai World Trade Centre, the UAE. These Terms, together with the Privacy Policy and any policies of Glimpse made available on the Website at any time, is a binding contract between you (“Owner” or “you”) and Glimpse as modified or amended. By visiting or using our Website and Services (as defined below), you hereby agree to be bound by these Terms, Privacy Policy, and all applicable laws and/or regulations, which may be in effect from time to time, and you agree that you are responsible and liable for this compliance. Glimpse reserves the right to change these Terms, Privacy Policy, and any other policy applicable to the use of Website and Services. These changes are effective immediately upon posting. When changes come into effect, the revised Terms and/or Privacy Policy shall supersede the previous version of the Terms and/or Privacy Policy. By continuing to use the Website and Services after modifications enter into force, the Owner indicates to agree to be bound by such modifications.

 

1. DEFINITIONS 

1.1 In these Terms, the following capitalized terms have the following definitions: “Customer” means a user of our Services and Website, being an individual or legal entity, employee that uses Glimpse’s product rental and/or sale services in order to rent and/or buy the product. “Owner,” or “you” means a user of our Services and Website, being an individual or legal entity, employee that uses Glimpse’s product rental and/or sale services in order to put the product for rent and rent and/or sell the product. “Product” means your jewelry product(s) subject to the terms of this Terms. “Services” has a definition given in clause 3.1.

ACCEPTANCE OF THE TERMS By accessing, browsing, and using our Website and/or Services in any manner, you agree to proceed on the basis of these Terms, our Privacy Policy, and all applicable laws and regulations governing the Website and Services. If you do not agree to be bound by these Terms, Privacy Policy, and any applicable laws and regulations, you shall not use or access this Website and our Services. Please read them carefully. You acknowledge and agree that we may revise these Terms at any time and in our sole discretion by posting the relevant revised and restated Terms on the Website with or without notice to you or consent from you. We reserve the right to modify, suspend or terminate the Website and/or any portion thereof, including any Service, and/or your use of the Website, or any portion thereof, at any time for any reason with or without notice to you or consent from you. By continuing to access or use the Website and Services, you are indicating that you agree to be bound by the revised Terms. If you do not agree to continue to use the Website and/or Services on the basis of the revised Terms, please cease to use our Website and/or Services.

DESCRIPTION OF THE SERVICES; PROCESS OF INSPECTION AND APPROVEMENT OF THE PRODUCT Glimpse provides an online platform for product rental and sale services (the “Services”). These Terms also apply to in-person rentals and sales, which are part of the Services. You must reside within the United Arab Emirates or its territories. In order to rent or sell the Product through our Website, you are required to fill the online form on the Website indicating required details about you and the Product you own. You confirm that you are the sole and rightful owner of the Product. You agree to provide true, accurate, current, and complete information about yourself and the Product as prompted by the Website's online form, and you agree to maintain and promptly update the filled data (including, without limitation, your e-mail address, your shipping address, the details about the Product) to keep it true, accurate, current and complete. You are fully responsible for the correctness of the information you provide. Any losses or damages caused by the information provided by you will be within your responsibility. In a reasonable time after you fill the online form with description about you and your Product, Glimpse will in its sole discretion approve the Product for inspection. For the avoidance of doubt, approving Product for inspection does not mean that your Product is valid for putting on the Website for rent or sale. After approving the Product, Glimpse will, at its expense, organize the delivery of the Product to Glimpse or its authorized personal. Upon approving and delivering the Product, you and Glimpse shall agree on (i) the price of the Product which shall be paid by the Customers for Service and (ii) the guaranteed price of the Product subject to paragraph 5. You hereby confirm that Glimpse makes a final decision regarding the price of the Product and is not obliged to agree with your proposed price. If you do not agree with the proposed price by Glimpse, you shall have the right to require the Product back. You shall be entitled to request the Product back in any case before the Product is rent or sold. Glimpse shall return the product back to you within 30 business days after your notice. Glimpse shall be responsible for shipping fees required to return the Product back to you in any such case described in this paragraph 3.4.
Glimpse and its authorized personal will, within 7 business days after getting the Product (and only if the Product price is agreed), inspect it. Inspecting Product includes but is not limited to cleaning, sanitizing, using technical means to inspect the validity of the Product. Glimpse puts identification mark of the Product and in its sole discretion approves the Product for putting on the Website for rental or sale as required by you. After you and Glimpse agree on the Product price and after the Product is inspected, Glimpse will take pictures of the Product, put it on the Website and allow Customers to rent or buy the Product. For the avoidance of doubt, Glimpse decides which photos of the Product are relevant for the Website and is not obliged to consider your requests regarding deleting or taking additional pictures of the Product. Glimpse will use its commercially reasonable efforts to take good pictures of the Product(s). In addition, the photos of the Product are put on those parts or pages of the Website and description of the Product is written in a manner as Glimpse shall consider appropriate. Glimpse is responsible for shipping the Product from you and to the Customer. You hereby confirm that any communication between you and Glimpse may be online including but not limited to via phone calls, WhatsApp call/messaging, email.

PAYMENT SYSTEM You will get a notification from Glimpse once your Product is rent or sold. Once the Product is delivered to us, the price is agreed, the Product is inspected and is put on the platform subject to these terms, you as an Owner will get 8 (eight) percent per annum of the Product price approved by the parties according to paragraph 3.4 based on the number of months the Product is put on the platform and is valid for rent. No actual rent is needed for you to get the agreed fee. For the avoidance of doubt, you confirm that the price payable for each month will be calculated as follows: 8 (eight) per cent of the Product price will be divided on 12 (twelve) (“Monthly Fee”) and will be multiplied on the number of months the Product is valid for rent according to these terms. Glimpse’s operation partners will be involved in the payment process. If the Customer buys your Product, you as an Owner will get 75 (Seventy five) percent of the sale price actually received by us from the Customer subject to paragraph 4.6. You shall only be paid for your Products actually sold. In case of paragraph 4.2, you will be paid Monthly Fee once in a month, for a period the Product is ready for rent according to paragraph 4.2. You will be paid via bank transfer on the bank account provided by you in the online form on the Website. If the Customer buys your Product, you will be paid within 30 business days after the expiry of the return date of the Product. You will be paid via bank transfer on the bank account provided by you in the online form on the Website. You hereby confirm that the part of the payment in each case is subject to deduction for minor management fees. Such fees are solely determined by us and is subject to change at any time in our sole discretion. You are solely responsible for any additional taxes (if applicable).

GUARANTEED PRICE After inspecting the Product, you and Glimpse shall agree on the guaranteed price of the Product in case the Product is rent by the Customer. Guaranteed price of the Product shall be paid by Glimpse to you only if the Customer rents your Product and refuses to return the Product back or if the Product is lost or damaged so that it is no longer valid for use. You shall never request or claim in any way more than the guaranteed price of the Product from Glimpse. In any such event, Glimpse shall have 30 business days to inspect the case and evaluate whether you are eligible for getting guaranteed price of the Product or not. Glimpse shall have no responsibility or liability to pay the guaranteed price if the circumstances described in this paragraph 5 is artificially created by you or are not met. Glimpse shall in its sole discretion decide whether you are eligible for the guaranteed price or not. 

RETURN OF THE PRODUCT You shall be entitled to request the Product back if the product is rent. You shall not have such right if the Product is sold. You shall inform us 90 (ninety) days before you wish to get the Product back. Glimpse shall not be responsible to return the Product back earlier than 90 days after such notice. Glimpse shall be entitled to return the Product back to you at its sole discretion without any reason upon 120 (one hundred and twenty) days prior notice or earlier. 

PERMITTED USE OF THE WEBSITE AND SERVICES During the term of your use of the Website and Services, we grant you a non-exclusive, revocable, non-transferable, non-sublicensable license to access the Website and use the Services. Except as otherwise explicitly provided in these Terms, or as may be expressly permitted by applicable law, the Owner will not, directly or indirectly: reproduce, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Services or its technological features or measures; use the Services for any illegal purpose or in violation of any laws and regulations, and your applicable laws; circumvent or disable any security or technological features or measures of the Services; use Glimpse’s intellectual property rights without express prior written authorization or in violation of these Terms; use the Services with an intent to build a competitive product or service, or copy or substantially copy any ideas, features, functions, organization, structure, application program interface, graphics, or user interface of the Services; copy, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on the Services (collectively, “Content”) or compile or collect any Content as part of a database or other work; use any automated tool (e.g., robots, spiders) to access or use the Services, or to store, copy, modify, distribute, or resell any Services; circumvent or disable any rights management, usage rules, or other security features of the Services; use the Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Services; or remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Services or any Content. When using the Service, Owners may make available certain information and materials (“Owner Information”). You acknowledge and agree that you are solely responsible for Owner Information. Accordingly, you represent and warrant that: You are the Owner of the Product without any liabilities to third parties regarding the Product; you either are the sole and exclusive owner of Owner Information that you make available through the Website and Service or you have all rights, licenses, consents and releases that are necessary to grant to Glimpse the rights in such content, as contemplated under these Terms; Owner Information is not false, inaccurate, incomplete or misleading; Owner Information will not be fraudulent or involve the sale or rent of counterfeit or stolen items; Owner Information will not infringe or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; Owner Information will not contain any content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes on any copyright or other right of any person; Owner Information will not infringe or violate any law; Owner Information is not defamatory, libelous, unlawfully threatening, or unlawfully harassing; Owner Information is not rude, pornographic or harmful. If the Owner breaches any of these terms and conditions, the Owner’s right to use the Services will be suspended or terminated in accordance with these Terms.

WEBSITE AND SERVICES AVAILABILITY Glimpse uses commercially reasonable efforts to maintain our Website and Services on a twenty-four (24) hours a day, seven (7) days a week basis. However, our Website and Services may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance, repairs, or replacements that we undertake from time to time. Our Website and Services can be unavailable due to causes beyond our reasonable control, such as failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures. We have no obligation of notice prior to any such unavailability. 

TERMINATION AND SUSPENSION Glimpse may at any time and for any or no reason delete or suspend your right to use the Service with or without notice to you. If you have conducted any fraudulent and/or illegal activity, Glimpse reserves the right to take any necessary legal action and you may be liable for monetary losses to Glimpse. Without limitation, Glimpse may delete or suspend your right to use the Service if you violate these Terms, any policy of Glimpse or any applicable laws. We may also delete or suspend your right to use the Service if we have any reasons to believe that you have been engaged in inappropriate and/or offensive behavior. Any and all sections which by their nature should survive the expiration or termination of these Terms shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms.

PROPRIETARY RIGHTS Glimpse is the sole owner and lawful licensee of all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, intellectual property rights and other content (collectively “Proprietary Material”) available on the Website, excluding Owner Information. You acknowledge and agree that Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Glimpse is the sole owner of all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. It is expressly prohibited to use such Proprietary Material, other than as permitted therein, without the prior written consent of Glimpse and, if applicable, the holder of the rights to the Owner Information. Glimpse shall be the sole owner of all service marks and trademarks of Glimpse. Any other trademarks, service marks, logos and/or trade names appearing via the Service are owned by their relevant right holders. You are strictly prohibited to copy or use any of these marks, logos or trade names without the express prior written authorization of their relevant right holder.

WARRANTY DISCLAIMER You acknowledge and agree that all access and use of the Website and Service is at your own risk. We cannot guarantee and do not warrant that the Website and Service are error-free, free of viruses, worms, free of harmful, illegal or other inappropriate language. We do not warrant that the Website or Service will always be accessible and useable. We shall not be liable to you if the Website or Service is inaccessible or unusable in whole or in part, for any reason. All content, including software, products, services, information, text and related graphics contained within or available through the Website are provided “AS IS” and “as available”. Under no circumstances shall we be liable for any errors or omissions in the content or information on the Website. Glimpse does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained on the Website for any purpose.

NO LIABILITY Under no circumstances shall Glimpse, including its subsidiaries, affiliates, or licensors, be liable to you, any person or entity whatsoever for any direct, indirect, incidental, consequential or punitive damages or any damages or losses whatsoever. You agree to hold Glimpse, including its subsidiaries, affiliates, or licensors, harmless from any damage, claims and/or controversies that have arisen out of or in connection with your or any other party’s use of or inability to use the Service. Glimpse expressly disclaims any liability that may arise between users of its Service. Glimpse is only a place for connecting users. As such, Glimpse is not a party in any transaction or relationship between users. In the event that you have a dispute with a user, you agree to release Glimpse (and our subsidiaries, affiliates, officers, agents, licensors, employees, partners or licensors) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, arising out of or in any way connected with such disputes. Glimpse shall not be responsible for providing any information which may help you to proceed any such dispute. You hereby confirm that you are aware of the fact that Customers are responsible to treat the Products with care in a good faith and that our rental coverage includes normal wear and tear, and Customers are liable for any loss, destruction, or damage to the Products for any reason, including due to theft, loss, damage, visible stains or scratches, or any other reason, caused by Customers or not, subject to paragraph 5.

INDEMNIFICATION You hereby agree to indemnify and hold Glimpse and its subsidiaries, designers, affiliates, officers, licensors, or others involved in creating, sponsoring, promoting or otherwise making available the Website and Services, harmless from any and all claims, damages, loss or liabilities, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: any action, inaction, omission or violation of this Terms or any other rules or applicable legislation made by you; your infringement of copyright or other intellectual property rights arising out of the availability of your content on the Website. Glimpse is entitled, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You agree and consent, in any event, not to settle any claim or matter without the prior written authorization of Glimpse.

NOTIFICATIONS The Owner hereby consents to electronically receive and access, via email or the Website or as otherwise provided by paragraph 3.8, all records and notices for the services provided to the Owner under these Terms that Glimpse would otherwise be required to provide to the Owner in paper form. GOVERNING LAW AND DISPUTE RESOLUTION These Terms shall be governed by and construed in accordance with the laws of the UAE and the applicable laws of the UAE, without regard to conflict of law principles. Notwithstanding the specified agreement on jurisdiction, the Owner and Glimpse shall, if any dispute arises, attempt to settle it by mutual negotiations. The jurisdiction and venue for actions related to these Terms will be Dubai, the UAE, and both parties submit to the personal jurisdiction of those courts. Any proceeding will be held in the English language, unless otherwise agreed to by the parties.

MISCELLANEOUS Invalid Provision. If any provision of these Terms is held to be invalid, non-binding, or unenforceable, the remaining provisions shall remain valid and be enforced. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable, or non-binding provision, given the contents and purpose of these Terms. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between the Owner and Glimpse regarding its subject matter and supersedes any and all prior written or oral agreements between Owner and Glimpse. Force Majeure. Neither party will be liable for delays or any failure to perform under these Terms due to causes beyond its reasonable control and to the extent not occasioned by the fault or negligence of the delayed party, including: fire; explosion; flood or other natural catastrophe; governmental legislation, acts, orders, or regulation; terrorist acts; or strikes or labor difficulties (each a “Force Majeure Event”). Any delay as a result of a Force Majeure Event shall last only as long as the Force Majeure Event remains beyond the reasonable control of the delayed party; provided, however, that the delayed party shall use its best efforts to minimize the delays caused by any such Force Majeure Event. Owner shall notify Glimpse in writing promptly after discovery of Force Majeure and the expected time of termination of Force Majeure. Independent Contractors. The relationship of the parties established by these Terms is that of independent contractors, and nothing contained in these Terms shall be construed to give either party the power to direct or control the day-to-day activities of the other, or to create or be deemed to create an employment relationship, joint venture, partnership, or other agency between the parties. ****** Contact us For any queries or suggestions, please contact us at: help@glimpse.us