The following Terms and Conditions (“Terms”) between you (“you” or “your”) and Choisse Pte Ltd, Inc. (“we,” “our,” “us,” or “Choisse”) describes the terms and conditions on which you may use and access the Choisse website via Choisse.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 or purchasing 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

Membership Details: At Choisse, we offer a subscription-based service that allows members to rent our collection of jewelry. Upon becoming a member, you will be charged a monthly membership fee (“Membership Fee”), which grants you access to rent any of our Products during the duration of your membership. We offer three different membership plans, each with varying Membership Fees and rental limits.

Eligibility: In order to become a member and rent or purchase our Products, you must be an adult over the age of 18. While our Products may be rented for use by individuals under the age of 18, the renting member is fully responsible for any legal liability incurred by those individuals. If you are under 18 years of age, you may only use our Services with the approval of your parent or legal guardian, who agrees to be bound by these Terms on your behalf.

Modification of Terms and Services: Choisse reserves the right to modify these Terms or to modify, suspend, or discontinue our Services at any time and for any reason, without prior notification. We encourage you to review and reread these Terms regularly and frequently. Your continued use of our Site constitutes your acceptance of the most recent version of our service Terms.

Conflict of Terms: In the event that these Terms conflict with any other content or agreements governing your use of our Services, these Terms shall take precedence.

Privacy: To learn more about our privacy practices, please refer to our Privacy Policy, which is available on Choisse.com.

2. REGISTRATION & MEMBERSHIP

Registration: To become a member of Choisse and enjoy most aspects of our Services, such as renting and/or purchasing Products, you must first register for an active Membership account (“Account”). To register, you must provide your email address and create a password or sign in using your Social Logins. If you choose to sign in using your Social account (e.g., Facebook), you authorize us to access and use certain social account information (for more information on what information we collect and how we use it, please refer to our Privacy Policy). Account registration requires you to provide Choisse with certain personal information, including your name, address, mobile phone number, date of birth, and at least one valid payment method. You agree to keep your Account information accurate, complete, and up-to-date at all times. Failure to do so, including having an invalid or expired payment method on file, may result in your inability to access and use our Services, termination of this Agreement by Choisse, assessment of fees, and/or institution of collection procedures.

Account Security: You are solely responsible and liable for any authorized or unauthorized access to your Account by any person. You agree to keep your login information and password and/or Social login credentials confidential and to bear all responsibility for the confidentiality of your account information and all use or charges incurred from the use of our Services with your Account. You also agree to notify Choisse promptly of any unauthorized use of your account. If you plan to create multiple accounts, you are required to inform Choisse in advance.

Discretionary Membership: Membership is subject to availability and may not always be open. Registering for an Account does not guarantee continued membership. Choisse reserves the right to revoke, cancel, or deny membership at any time and for any reason. If we revoke, cancel, or deny your membership before dispatching any Products to you, you will receive a full refund of any fees you incurred.

3. FEES & PAYMENT

Payment Method.  Upon registration, you must provide a valid payment method, which must be approved by Choisse 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 Choisse 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 Choisse 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, 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 Choisse 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 limited insurance, covering minor mishaps 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.

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, you can do directly on Choisse.com. Your new Membership Fee will take effect for the subsequent 30-day billing period, subject that the rental jewelry is all returned and accepted.

Membership Downgrades.  If you would like to downgrade your Membership, you can do directly on Choisse.com. Your new Membership Fee will take effect for the subsequent 30-day billing period, subject that the rental jewelry is all returned and accepted.

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 Choisse) 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 Choisse) 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 Choisse 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 Choisse, you are liable for the loss or damage.

Due Date of Purchase Fee for Non-Returnable Product. The 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 Choisse 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) 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. Choisse retains sole discretion to delay, waive, or refund a Purchase Fee for a Delinquent (or previously Delinquent) Account.

Purchase Fees for Accounts Cancelled by Choisse.  If your Account is cancelled by Choisse for any reason, you agree to send all Products in your possession to us immediately. If Choisse 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 Choisse may institute collection procedures. Choisse 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 Choisse’s costs of collection including without limitation, reasonable attorneys’ fees. If your account is Delinquent for 7 or more days, Choisse may also file a police report and take any actions it deems reasonably necessary to collect outstanding debt.

4. PRODUCTS

Rental Time: The customer is allowed to keep the product rented from Choisse for an indefinite period of time, as long as they comply with the terms of the agreement and continue to pay the required fees.

Product Risks: Although Choisse takes measures to clean, sterilize, and inspect every product before sending it to the customer, the use of the product is at the customer’s own risk. Choisse is not liable for any health-related complaints associated with the use of the product.

Member’s Product Responsibilities: The customer is responsible for taking great care of the rented product and preventing loss, destruction, or damage to the product due to theft, mysterious disappearance, fire, or any other cause, except for normal wear and tear. The customer is also responsible for obtaining Choisse’s expressed authorization before making any alterations to the product.

Deviation from Product Descriptions or Images: The customer acknowledges that the product they receive may look different in person than the images or descriptions on the Choisse website. The product may also exhibit more wear and tear in person than shown in the website images, and the appearance of the product may change over time.

5. SHIPPING & DELIVERY

Membership Fees. To become a member, you must register and provide valid and current billing information. You will be charged membership fees at the time of your initial membership and each month thereafter unless and until you cancel your membership. The membership fee and any other charges you may incur in connection with your use of the Services, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method on the calendar day corresponding to the commencement of your paid membership. Membership fees are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Automatic Renewal. Your Choisse membership will be automatically renewed and your billing cycle will begin again on the day following the expiration of your current membership term. By subscribing to the Choisse service, you authorize us to charge your payment method now and again at the beginning of any subsequent membership period. We will charge your payment method with the applicable membership fee and any taxes and transaction fees, on the calendar day corresponding to the commencement of your membership period. Membership fees are fully earned upon payment. We will continue to automatically renew your membership until you cancel. Cancellation Policy. You may cancel your Choisse membership at any time. Cancellations must be requested by logging in to your Choisse account and navigating to “My Account,” and then selecting “Cancel Membership” and following the instructions. Cancellation will be effective immediately, and you will not be charged again for membership fees, but you will not be refunded the membership fee for the current billing cycle. If you cancel your membership, your account will automatically close at the end of your current billing period. You will not have access to the service from that point forward. We reserve the right to terminate your membership or your access to the Services for any reason at any time, with or without notice, and without liability to you. In the event that we terminate your membership for any reason other than your breach of these Terms, we will provide you with a pro-rata refund for the membership fees paid for the period following the date of termination.

6. CANCELLATION

Modification of Services. Choisse reserves the right to modify or discontinue any of the Services at any time, with or without notice to you. Choisse shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.

Modifications to Terms. Choisse reserves the right, in its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice or by sending you an email. Choisse may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. Your use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the modified terms, you should discontinue your use of the Services.

Limitation of Liability. In no event shall Choisse, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or any content or materials therein, or any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Indemnification. You agree to indemnify, defend, and hold harmless Choisse, its directors, officers, employees, affiliates, agents, contractors, and licensors from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Services, any content or materials therein, or any other party’s use of the Services, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms.

7. CONTENT & INTELLECTUAL PROPERTY

Updates to Content.  We do not represent or warrant that all Choisse 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-Choisse websites, products, services, or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and Choisse 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 Choisse, and Choisse has no control over the Third Party Content. In addition, including or referring to Third Party content does not imply that Choisse endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa. 

Use of Choisse Content.  No part of the Services, including Choisse Content, may be reproduced or transmitted in any form, by any means except that Choisse authorizes you to view, copy, download, and print Choisse Content provided that: (a) you use the Choisse Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the Choisse Content; and (c) you do not remove any copyright, trademark, or proprietary information in the Choisse Content. 

Your Content.  If you post, upload, or make available to Choisse or the Services, or otherwise submit to or through Choisse 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 Choisse 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 Choisse Content, are the property of Choisse or that of third parties and is protected by United States and international copyright law. You may not copy and disseminate Choisse Content without our expressed authorization or that of a third party that may own such Choisse Content. 

Trademarks.  The trademarks logos, service marks and trademarks (“Trademark Materials”) of Choisse 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, Choisse grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes.

8. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER 

Informal Process First. You agree that in the event of any dispute between you and Choisse, you will first contact Choisse and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Choisse’s Services and/or Products, or relating in any way to Choisse’s communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Choisse. However, this arbitration agreement does not (a) govern any Claim by Choisse for infringement of its intellectual property or access to the Services that (including the Site and App) that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. IF YOU ARE AN INDIVIDUAL YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF THE FIRST OF THE DATE YOU ACCESS THIS SITE OR APP OR THE DATE YOU RECEIVE ANY SERVICES BY FOLLOWING THE PROCEDURE DESCRIBED BELOW.

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the Singapore Arbitration Act governs the interpretation and enforcement of this provision, and that you and Choisse 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.

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 Choisse Private Limited. The arbitration shall be administered by the Singapore International Arbitration Centre (SIAC) under its rules including, if you are an individual, the SIAC’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the SIAC’s Supplementary Procedures for Consumer-Related Disputes will not be used. The SIAC’s rules are available at www.siac.org.sg.

The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Singapore law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the SIAC’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, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to Section below.

If you do not want to arbitrate disputes with Choisse and you are an individual, you may opt out of this arbitration agreement by sending an email to Choisse via our contact form within thirty (30) days of the first of the date you access the Site or App or the date you receive any Services.

Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Choisse each waive any right to a jury trial.

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

9. MISCELLANEOUS

Jurisdictional Issues. Choisse makes no representation that the Services are appropriate or available for use outside Singapore. Those who choose to access the Services or any part thereof from outside Singapore do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Choisse intends to announce or make available such products or services to the general public, or in your country. Contact Choisse at hello@Choisse.com to determine which products and services may be available to you.

Export Laws. The laws of Singapore prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the Choisse Content, or any part thereof, in any way, in violation of Singapore law.

Governing Law And Venue. These Terms are governed and interpreted pursuant to the laws of Singapore, 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 court located in Singapore, 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 Choisse relating to the subject matter herein and shall not be modified except by Choisse in accordance with these Terms, or as otherwise agreed in writing by you and Choisse. No employee, agent or other representative of Choisse has any authority to bind Choisse 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. Choisse may assign these Terms at any time without notice to you.

Force Majeure. Choisse will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Choisse’s reasonable control.

Contact Information. Please send any questions or comments, or report violations of these Terms, to Choisse via our contact form.