Terms and Conditions

TERMS AND CONDITIONS

1 WELCOME AND INTRODUCTION

1.1 EcoSki (“EcoSki”, “we”, “us”, or “our”) welcomes you. We’re pleased that you have accessed our website located at ecoski.myventures.co.uk (the “EcoSki Website”) and our online platform (the “EcoSki Platform”), which is accessible through the EcoSki Website.

1.2 We provide Visitors (as defined below) with access to the EcoSki Website and Registrants (as defined below) with access to the EcoSki Platform subject to these terms and conditions. By browsing the public areas of the EcoSki Website, you acknowledge that you have read, understood and agree to be legally bound by these terms and conditions, including our Privacy Policy, which is available on the EcoSki Website and is hereby incorporated by reference (collectively, the “Terms and Conditions”).

1.3 IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE EcoSki WEBSITE AND/OR THE EcoSki PLATFORM.

1.4 We reserve the right to review and amend any of these Terms and Conditions from time to time with or without notice to you.

1.5 Capitalised terms shall have the meanings ascribed to them below or elsewhere in these Term and Conditions.

“Buyer”

means any person buying Inventory Items over the EcoSki Platform;

“Customers”

means Renters and Buyers;

“Inventory” or
“Inventory Items”

means fashion items or items of clothing listed or otherwise made available for sale or rent over the EcoSki Platform.

“Registrant”

means any person signing up as a registered account holder on the EcoSki Platform;

“Renter”

means any person renting Inventory Items over the EcoSki Platform;

“Visitor”

means any person accessing or making of the EcoSki Website.

2 THE EcoSki PLATFORM

Description and Use

2.1 The EcoSki Platform provides Customers with a variety of resources to facilitate the buying, selling, lending and renting of Inventory Items.

2.2 EcoSki can upload information about designer Inventory Items available for sale or rent and Customers can search for designer Inventory Items they wish to buy or rent. Once a Customer has identified an Inventory Item he or she wishes to buy or rent, the Customer can buy or rent that Inventory Item through the EcoSki Platform.

2.3 Access to the EcoSki Platform is offered to those who register on the EcoSki Website (“Registrants”). Following registration, all Registrants will have a unique login ID and password which can be used to access the EcoSki Platform.

2.4 We provide Visitors and Registrants with access to the EcoSki Website and the EcoSki Platform as described below.

2.4.1 Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the EcoSki Website. No login ID is required for Visitors. Visitors can:

(i)    view all publicly available content on the EcoSki Website; and

(ii)   e-mail us via the EcoSki Platform.

2.4.2 Registrants. Login details are required for all Registrants to access the EcoSki Platform. Registrants can do all things that Visitors can do and are also be able to:

(i)    search, as a Customer, the available Inventory Items;

(ii)   message us about Inventory Items; and

(iii)  and submit requests to buy or rent Inventory Items.

2.5 EcoSki is under no obligation to accept any individual as a Registrant and may accept or reject any registration in its sole and complete discretion. In addition, EcoSki reserves the right to deactivate any account at any time, including, without limitation, if it determines that a Registrant has violated these Terms and Conditions.

Right to Use the EcoSki Platform

2.6 Subject to these Terms and Conditions, EcoSki grants you during the term of these Terms and Conditions a non-transferable, non-exclusive right, without the right to sublicense, to access and use the EcoSki Platform for your personal use. You will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the EcoSki Platform; or (ii) introduce into the EcoSki Platform any virus, worm, “back door,” Trojan Horse, or similar harmful code. If you violate this section, EcoSki reserves the right in its sole discretion to immediately deny you access to the EcoSki Platform, or any portion of thereof, without notice. EcoSki reserves the right to change the availability of any feature, function, or content relating to the EcoSki Platform, at any time, without notice or liability to you.

EcoSki Platform Rules

2.7 The EcoSki Platform functions best when its Visitors and Registrants act in good faith and follow a few simple rules. By visiting the EcoSki Website, and/or accessing and/or using the EcoSki Platform, you hereby agree to comply with the following rules:

2.7.1 You will comply with all applicable laws in your use of the EcoSki Website and/or the EcoSki Platform and will not use the EcoSki Website and/or the EcoSki Platform for any unlawful purpose;

2.7.2 You will not access or use the EcoSki Website and/or the EcoSki Platform to collect any market research for a competing business;

2.7.3 You will not upload, post, e-mail, transmit, or otherwise make available any content that:

(i)    infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or

(ii)   is threatening, tortious, defamatory, libellous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or

(iii)  discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;

2.7.4 You will not “stalk” or otherwise, in any way, harass any other person or group of people;

2.7.5 You will not use any robot, spider, scraper, or other automated means to access the EcoSki Website and/or the EcoSki Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the EcoSki Website and/or the EcoSki Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials;

2.7.6 You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and

2.7.7 You will not interfere with or attempt to interrupt the proper operation of the EcoSki Website and/or the EcoSki Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data mining, or any other means.

2.8 We reserve the right, in our sole and absolute discretion, to deny any person access to the EcoSki Website and/or the EcoSki Platform, or any portion of the EcoSki Website and/or the EcoSki Platform, without notice, and to remove any content that does not adhere to these guidelines. We also reserve the right, in our sole and absolute discretion, to change or remove information from your profile that does not adhere to these guidelines or is otherwise deemed to be offensive in our sole discretion.

Age Restrictions

2.9 Children under the age of 13 may not use the EcoSki Platform and parents or legal guardians may not agree to these Terms and Conditions on their behalf. Children under 18 years of age but at least 13 years of age may be Visitors and may access the EcoSki Website and EcoSki Platform under the supervision of parents or legal guardians who agree to be bound by these Terms and Conditions on their behalf, but such children may not rent or purchase any Inventory Items. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the EcoSki Platform and the rental or purchase of any Inventory Items, including all legal liability he or she may incur.

Intellectual Property

2.10 The EcoSki Website and the EcoSki Platform contain materials, such as software, text, graphics, images (including any images/photographs that we take of your closet), sound recordings, audio-visual works, and other materials provided by or on behalf of EcoSki (collectively referred to as the “EcoSki Content”). The EcoSki Content may be owned by us or by third parties. The EcoSki Content is protected under both United Kingdom and foreign laws. Unauthorised use of the EcoSki Content may violate copyright, trademark, and other laws. You have no rights in, or to, the EcoSki Content, and you will not use the EcoSki Content except as permitted under these Terms and Conditions. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original EcoSki Content on any copy you make of the EcoSki Content. You may not sell, transfer, assign, license, sublicense or modify the EcoSki Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the EcoSki Content in any way for any public or commercial purpose. The use or posting of the EcoSki Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

2.11 If you violate any part of these Terms and Conditions, your permission to access and/or use the EcoSki Content and the EcoSki Websiteand the EcoSki Platform automatically terminates, and you must immediately destroy any copies you have made of the EcoSki Content.

2.12 The trademarks, service marks, and logos of EcoSki (“EcoSki Trademarks”) used and displayed on the EcoSki Website and EcoSki Platform are registered and unregistered trademarks or service marks of EcoSki. Other company, product and service names located on the EcoSki Website and the EcoSki Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the EcoSki Trademarks, the “Trademarks”). Nothing on the EcoSki Website and the EcoSki Platform should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the EcoSki Trademarks inures to our benefit.

2.13 Elements of the EcoSki Website and the Platform are protected by trademark, unfair competition and other laws of England and Wales (and elsewhere) and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the EcoSki Content may be retransmitted without our express, written consent for each and every instance.

2.14 If you believe that your content has been copied on the EcoSki Website and/or the EcoSki Platform in a way that constitutes copyright infringement, please provide us with notice, including (i) a description of the copyrighted work that has been infringed and the specific location on the EcoSki Website and/or the EcoSki Platform where such work is located; (ii) a description of the location of the original or an authorised copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.

2.15 distributed in violation of any such laws.

External Sites

2.16 The EcoSki Website and the EcoSki Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

Compliance with Applicable Laws

2.17 The EcoSki Website and the EcoSki Platform are based in the United Kingdom. We make no claims concerning whether the EcoSki Content may be downloaded, viewed, or be appropriate for use outside of the United Kingdom. If you access the EcoSki Website, the EcoSki Platform or the EcoSki Content from outside of the United Kingdom, you do so at your own risk. Whether inside or outside of the United Kingdom, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Copying and Reproducing EcoSki Website

2.18 You are permitted to use the EcoSki Website for your own purposes and to print and download material from this EcoSki Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

2.19 The copyright and other intellectual property rights in all material on this EcoSki Website are owned by us or our licensors and must not be reproduced without our prior consent.

2.20 Subject to paragraph 2.18, no part of the EcoSki Website may be reproduced without our prior written permission.

EcoSki Website Uptime

2.21 We take all reasonable steps to ensure that the EcoSki Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. We will not be liable if this website is unavailable at any time.

2.22 The EcoSki Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give Visitors and Registrants advance warning of maintenance issues but shall not be obliged to do so.

3 TERMS AND CONDITIONS APPLICABLE TO CUSTOMERS

A GENERAL

Age Restrictions

3.1 Inventory may be rented or purchased for use by individuals under 18 years of age, but we rent and sell only to adults aged 18 or older, who may rent or purchase Inventory Items with a payment card or other approved payment method. By agreeing to these Terms and Conditions, you represent that you are 18 years or older and that you are authorised to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Inventory Items as described in these Terms and Conditions.

Order Limits

3.2 You acknowledge and agree that we may place limits on the rental or purchase of Inventory Items, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Inventory Items for any reason in our sole discretion, including but not limited to availability and geographic concerns.

Delivery

3.3 All deliveries will be through EcoSki’s shipping partners, which may change from time to time at our discretion. We will, through the EcoSki Platform, through our shipping partners or otherwise, provide you with information about estimated delivery and arrival times of Inventory Items.

Making Payments via STRIPE

3.4 Customers will also be entitled to make payments for Inventory Items via STRIPE. For users of STRIPE, the STRIPE Connected Account Agreement, which includes the STRIPE Terms of Service (available here https://stripe.com/gb/legal) (together the “STRIPE Services Agreement”) is applicable to you and by accepting these Terms and Conditions you are agreeing to be bound by the STRIPE Services Agreement as well. By agreeing to make a payment via STRIPE, you represent and warrant to us that any details and information you provide to us are neither fraudulent nor inaccurate and you authorise us to share such details and information with STRIPE.

Making Payments via PayPal

3.5 Buyers (although not Renters) will also have the option of making payments via PayPal. For PayPal’s terms of use, please visit the PayPal website at PayPal.com.

Non-Payment

3.6 If you do not pay the amounts you owe to us when due, then we may need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable legal fees.

Phone Orders

3.7 Orders for rentals and purchases may be made over the phone to one of our customer service representatives. For such orders, you will need to confirm your consent to the customer service representative accessing your account and your customer information, which may include your personal data. Once any such order has been placed, you may wish to consider changing your password via the EcoSki Website to preserve your account security.

B RENTALS

The following additional conditions apply to Renters for the rental of any Inventory Item.

Rental Fee

3.8 The rental fee (“Rental Fee”) for a rented Inventory Item will be the total of the rental charges and the delivery charges listed on the EcoSki Website for your rental of the Inventory Item. When you place your rental order for an Inventory Item, you hereby authorise us (or our payment services provider) to charge your payment card for the Rental Fee. We will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of an Inventory Item on the EcoSki Website is an order for the rental of that Inventory Item, regardless of how far in advance that Inventory Item is reserved.

3.9 In addition, you hereby authorise us (or our payment services provider) to, charge your payment card for an amount equal to 100% of the then current market replacement value of the Inventory Item (when new) set forth on the EcoSki Website or EcoSki App or otherwise determined by EcoSki in its sole discretion (the “Replacement Value”) You should not place a rental order for an Inventory Item unless you have sufficient funds in the account to which the payment card relates to cover the Replacement Value/deposit as well as the Rental Fee. We reserve the right (and you hereby authorise us to) charge your payment card for any amount up to the Replacement Value of the Inventory Item at any time where such amount is due and payable under these Terms and Conditions.

Cancellation Policy

3.10 You may only cancel your rental order if you submit a cancellation request within an hour of the time at which you placed your rental order by email to ecoski@myventures.co.uk. Your email must be clearly headed with the words “CANCELLATION OF RENTAL ORDER” in the subject line.

3.11 If you cancel within this time period, you will receive a full refund for the Rental Fee associated with the cancelled order. After this time period, you may no longer cancel your order and you will be charged the full amount of the Rental Fee and any other charges payable under these Terms and Conditions.

Delivery and Shipping Addresses

3.12 We will despatch your rented Inventory Items to your Secure Shipping Address (defined below) for next day delivery, if your order is received by 12pm on a business day in the United Kingdom. Orders placed after 12pm on a business day in the United Kingdom, or on a weekend or public holiday, will be processed on the following business day in the United Kingdom and will be despatched for delivery once processed. The date on which we expect to deliver a rented Inventory Item to your Secure Shipping Address will be set out in the online invoice for your rental order (the “Expected Delivery Date”).

3.13 Upon delivery, you bear responsibility for the Inventory Item.

3.14 You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location where an individual can physically receive Inventory Item(s). If an un-secure shipping address is provided, EcoSki does not bear liability for Inventory Items left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which EcoSki will not be liable. You will be liable for all such delays and additional delivery fees. We will not deliver Inventory Items (or any correspondence) to PO Box addresses in the United Kingdom.

Use of the Inventory Items

3.15 The Inventory Items we send to you will be cleaned and delivered ready to wear. While we will clean and inspect each Inventory Item we send to you, use of the Inventory Item is at your own risk and EcoSki shall not be held liable for any health-related complaints associated with any Inventory Items.

3.16 You agree to treat the Inventory Item with great care and to return it to EcoSki in the same condition as it was in when you received it. You are responsible for loss, destruction or damage to the Inventory Item due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage. If you return an Inventory Item that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Inventory Item, as determined in our discretion, up to the Replacement Value for the Inventory Item (on top of any applicable Rental Fees).

3.17 Renters shall not allow any other individual to wear or use rented Inventory Items in any way. In the event any damage is done to the Inventory Items or the Inventory Items are lost during the time of their rental by a Renter rents the Inventory Items, the Renter is responsible for paying the applicable damages which may include the full Replacement Value of the damaged or lost Inventory Items (on top of any applicable Rental Fees).

Return of Inventory Items

3.18 When you rent an Inventory Item, your rental period will commence on your Expected Delivery Date and will last for the period you have agreed with EcoSki at the time of rental. The last day of this period is referred to as the “Return Date”. It is your responsibility to ensure your rented Inventory Items are returned to us by the Return Date. The Return Date for each rented Inventory Item will be set out in the online invoice for the rental order.

3.19 With delivery of the Inventory Item, EcoSki will provide you with a pre-paid, pre-addressed return label as well as instructions for your use in returning the Inventory Item to EcoSki (“Return Packaging”). If we have provided you with an EcoSki carrying case, this is not yours to keep. If the EcoSki carrying case is not returned you will be charged a £10 fee (details below under “Lost Return Packaging”).

3.20 THE RETURN PACKAGING IS PRE-PAID FOR A TWO-DAY DELIVERY SERVICE. Please bear this in mind when returning Inventory Items to us in the Return Packaging.

3.21 We are not responsible for any personal or other items left in the Inventory Items or which are returned to EcoSki in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact us as soon as possible at ecoski@myventures.co.uk. Our staff may assist in attempting to locate such items at a customer’s request but are not obligated to and assume no liability for doing so.

Extensions

3.22 You may extend your order for an Inventory Item by phone to EcoSki; provided that any extensions are subject to other orders for that Inventory Item and to pre-payment of the additional Rental Fee applicable to that Inventory Item for the period of time of the extension.

Late Fees

3.23 If you return an Inventory Item late or not at all, a late fee of £50.00 will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to EcoSki for every day that you are late returning the Inventory Item, and you agree to pay such late fees, up to an amount not to exceed 100% of the Replacement Value (plus any applicable Rental Fees). The daily late fee is payable for each order of Inventory Items of which one or more items is not returned when due, not for each Inventory Item. If you have not returned an Inventory Item within seven (7) days after the Return Date for the Inventory Item, your late return will be considered a non-return and EcoSki will charge to your payment card the Replacement Value of the Inventory Item, less any late fees that you have already paid (but in addition to any Rental Fees).

Maximum Charges

3.24 EcoSki will not charge you for more than an amount equal to 100% of the Replacement Value plus the Rental Fee, in the aggregate, for any charges arising under this Section. If you pay EcoSki an amount equal to 100% of the Replacement Value, plus any applicable Rental Fees, and you still possess the Inventory Item, the Inventory Item is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section.

Lost Return Packaging

3.25 If you lose the Return Packaging, you will be responsible for returning the rented Inventory Item at your own expense by the Return Due Date and providing EcoSki with a tracking number. Also, if you lose or fail to return the EcoSki carrying case you will be charged £10. If you still possess the EcoSki carrying case, it is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section.

Limited Warranties

3.26 The following are the limited warranties EcoSki provides in connection with Inventory Item rentals. EcoSki’s liability to you for failure to comply with any of these warranties is limited to timely delivery of an Inventory Item conforming to the warranties or a refund of the Rental Fee (excluding delivery charges) as determined by EcoSki.

3.27.1 Clean and Ready to Wear. The Inventory Items will be cleaned and delivered ready to wear. While EcoSki cleans and inspects each Inventory Item with the utmost care, any use of the Inventory Item is at your own risk and EcoSki shall not be held liable for any health-related complaints associated with any Inventory Item.

3.27.2 Sizing Returns. If your Inventory Item does not fit you, then you may return the Inventory Item to EcoSki within 24 hours (excluding Sundays and public holidays) of the date you received the Inventory Item by contacting us at ecoski@myventures.co.uk or phone and returning the Inventory Item in accordance with the return procedures above (a “Sizing Return”). EcoSki will then offer you a full refund for the Rental Fee (less delivery charges) of the Inventory Item, so long as the Inventory Item, in our sole discretion, has not been worn.

4 NO WARRANTIES/LIMITATION OF LIABILITY

NONE OF ECOSKI, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “ECOSKI PARTIES”) ENDORSE OR RECOMMEND ANY INVENTORY ITEMS, CUSTOMERS.

NONE OF THE ECOSKI PARTIES HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY GOOD(S) YOU RENT THROUGH THE PLATFORM OR ANY RESULTS CAUSED BY USING SUCH GOOD(S), INCLUDING WITHOUT LIMITATION, ANY DEATH, OR BODILY INJURY YOU MAY SUFFER.

THE EcoSki WEBSITE, THE EcoSki PLATFORM, AND THE EcoSki CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, SAVE AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW CLAIMS: (I) NONE OF THE ECOSKI PARTIES SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE EcoSki WEBSITE, THE EcoSki, EVEN IF SUCH ECOSKI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE EcoSki WEBSITE, THE EcoSki PLATFORM SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE EcoSki PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE EcoSki WEBSITE AND THE EcoSki PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE EcoSki WEBSITE AND THE EcoSki PLATFORM. THE EcoSki WEBSITE AND THE EcoSki PLATFORM MAY CONTAIN INFORMATION ON TYPES OF INVENTORY ITEMS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO AN INVENTORY ITEM ON THE EcoSki PLATFORM DOES NOT IMPLY THAT SUCH INVENTORY ITEM IS OR WILL BE AVAILABLE WHEN YOU WOULD LIKE TO RENT IT OR BUY IT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE EcoSki WEBSITE AND THE EcoSki PLATFORM AT ANY TIME WITHOUT NOTICE.

5 TERMINATION OF THESE TERMS AND CONDITIONS

6.1 We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and Conditions and your access to all or any part of the EcoSki Website, the EcoSki App and/or the EcoSki Platform, at any time and for any reason without prior notice or liability. Notwithstanding the termination of these Terms and Conditions, the following provisions shall remain in full force and effect:

5.1.1 The EcoSki Platform – Intellectual Property;

5.1.2 Terms and Conditions Applicable to Customers – Rentals – Rental Fee; Cancellation Policy; Late Fees; Limited Warranties;

5.1.3 No Warranties/Limitation of Liability

5.1.4 Termination of these Terms and Conditions

5.1.5 Miscellaneous

5.2 We reserve the right to change, suspend, or discontinue all or any part of the EcoSki Website and/or the EcoSki Platform at any time without prior notice or liability.

6 COMMUNICATIONS

Communications to Us

6.1 Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.

Communications from Us

6.2 You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialling system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing ecoski@myventures.co.uk. You acknowledge that opting out of receiving communications may impact your use of the EcoSki Platform.

7 MISCELLANEOUS

7.1 These Terms and Conditions are governed by the laws of England and Wales.

7.2 Our failure to act on or enforce any provision of these Terms and Conditions shall not be construed as a waiver of that provision or any other provision in these Terms and Conditions. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms and Conditions will inure to the benefit of our successors, assigns, licencees, and sublicencees.

7.3 Company Registration Information. © 2022 EcoSki. All rights reserved. Registered in England, 3 Mill Street, Oakham, Rutland, LE15 6EA No parcels will be accepted at this address and any returns and incorrect shipping will be at cost to the sender. All rental delivery and pick up information can be found here. VAT Number: 3435358021

Copyright 2022 EcoSki. All rights reserved.