Terms of Service

Effective from 11 April 2024

1. Welcome to Designer Alerts

Designer Alerts is a fashion marketplace for designer notification services:

Designer Alerts can be accessed via our website (the Service).
The Service is operated by Designer Alerts Inc., registered in the United States and with its registered office at 1700 Malcolm Avenue, Los Angeles, CA, 90024 (we, our, or us).

2. Your relationship with us

These are our terms. Make sure you understand and agree to them before using Designer Alerts. Let us know if you need help in understanding what they mean for you.

These terms, along with the policies set out on our website (the Policies), are the rules that govern your access to and use of the Service (the Terms of Service).
By setting up an account and/or using the Service, you agree you will be bound by the Terms of Service. If you do not agree to the Terms of Service, please do not use the Service.
If there is anything in the Terms of Service that you do not understand, please contact us via our Whatsapp group on our website so we can help.

3. Information about you and your privacy

Your privacy is important to us. You should read our Privacy Policy on our website to understand how we collect, use, and share your information and how we use cookies as part of the Service.

4. Who can set up an account with us?

Anyone aged 13 or over can use Designer Alerts. You can use Designer Alerts for business purposes but some of the provisions in the Terms of Service will apply differently to you and your business.

To use our Service, you need to register with us by setting up an account with a username and password (your Account). You must provide us with accurate and complete information so that the Service can operate properly. If any of your details change, you must update your information by logging into your Account.
You can also use our Service through third-party services approved by us, for example Apple, Facebook, and Google.
Children under the age of 13 are not allowed to use Designer Alerts. You've got to be at least 13 years old to use the Services or at least over the age at which you can provide consent to data processing under the laws of your country, if that is older than 13 years old.
If you want to use Designer Alerts for commercial purposes, you will be a Business User and the person using the Business User's Account must be an authorized representative of that business or entity with the authority to bind the business or entity to the Terms of Service.

5. Keeping your account details safe

Keep your password, or any other piece of information you have been given or chosen as part of our security procedures, confidential and do not share it with anyone else.
If you know or suspect that anyone other than you knows your password, let us know as soon as possible by contacting us via our Whatsapp group on the website.

6. How does Designer Alerts work?

Our Service enables you to buy alert items so that you can get notified when they are back in stock on a vendor’s website.
We show you alert items for things that we think you will like based on the preferences you give us and your activity on Designer Alerts.
You must honor the commitments you make to other users when you use the Service and comply with the Terms of Service and the Policies.
If you are purchasing an item, the agreement for the purchase is made solely between you and us.
You are responsible to act swiftly when you get notified by Designer Alerts and purchase the product on the vendor’s website.
Designer Alerts is not responsible if a notification has not been sent for a back-in-stock product. The Service offered is performing on a best-effort basis.

7. What are the rules for using Designer Alerts?

We want Designer Alerts to be a safe space for everyone, so you must follow our rules.

You may only use the Service to:
- Upload User Content that complies with our Terms of Service. User Content is any content that you post using our Services, including usernames, photos, videos, descriptions, comments, messages, links, and other materials.
- Browse and purchase items listed on the Service.
You may not use the Service to:
- Do anything illegal or in breach of applicable law.
- Do anything for improper purposes.
- Post any User Content that does not comply with these Terms of Service or any of our Policies.
- Do anything fraudulent, deceptive, or post any User Content that is false or misleading.
- Use or share another user’s User Content without their consent, either on Designer Alerts or elsewhere.
- Modify, interfere with, intercept, disrupt, or hack the Service, mine data, scrape or crawl the Service, including any internal software capabilities used to offer our Service (e.g., an API), or use any bots or other third-party software on the Service.
- Test, circumvent, monitor, or breach the security measures of our Service.
- Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs, or other material that could harm the Service or any user’s equipment.
- Collect any data from the Service other than in accordance with the Terms of Service.
- Use any photographs, images, text, music, or video that belongs to someone else without their permission or post content that does not belong to you.
- Make use of the materials and content making up the Service for any purpose other than using the Service in accordance with the Terms of Service.
- Transfer your right to use the Service to another person or sell, gift, or transfer your Account to another person.
- Post any commentary about another person without that person’s permission.
- Post any private or confidential information relating to you or another person.
- Bully, threaten, defame, abuse, spam, harass, behave inappropriately toward, or otherwise violate the rights or interests of others.
- Support, praise, glorify, represent, or depict terrorist or extremist organizations, or known members of such organizations.
- Link to any third-party websites, apps, or platforms.
- Coordinate pricing with other sellers.
- Create more than one Account unless we agree otherwise.
- Permit another person to use the Service under your name or on your behalf (unless you are a Business User).
- Interfere with or manipulate any ratings system or user feedback system.
Failure to comply with the Terms of Service or any of our Policies may result in:
- Temporarily or permanently removing any User Content (including the removal of items listed on the Service).
- Temporarily or permanently withdrawing your right to use the Service and/or temporarily or permanently deleting your Account.
- Taking legal action against you.
- Disclosing information to law enforcement authorities if we reasonably feel it is necessary or we have a legal obligation to do so.

8. How are items paid for on Designer Alerts?

All items purchased on Designer Alerts must be paid for using Designer Alerts Payments via Stripe, PayPal, or credit card. No other payment methods are allowed.
Payment for transactions must take place via one of our third-party payment providers, Designer Alerts Payments via Stripe, PayPal, or credit card.
To use Designer Alerts Payments via Stripe to make a payment, you will be subject to the Stripe Connected Account Agreement and the Stripe Services Agreement.
PayPal can only be used to make or receive payment on Designer Alerts outside of the United Kingdom and United States. To use PayPal to make or receive payment, you will need a PayPal account.

9. Your content

We can use any content you post on Designer Alerts to provide the service or operate our business.

You own all the rights in, and are solely responsible for, your User Content. You represent that you have all necessary rights to all parts of your User Content and that you’re not infringing or violating any third party’s rights by posting it.
By posting your User Content, you grant us a worldwide, non-exclusive, irrevocable, sub-licenseable, perpetual and royalty-free licence to use, display, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, store, license, sub-license, assign, transfer, prepare derivative works, and exploit your User Content (including any intellectual property rights included in the User Content) anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business, including for marketing purposes. You agree not to assert any moral rights or rights of publicity against us for using your User Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent your User Content contains any personal information.
If you delete your User Content:
- It may continue to appear on our Service, if you have shared your User Content with other users.
- It's possible that search engines will continue to find and display your User Content as part of their search results, if you made your User Content available through other companies' services.
Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy Policy on our website.
We may refuse to post, moderate, reject, remove, or delete any User Content if we think that it breaches (or risks breaching) these Terms of Service or any of our Policies, or otherwise creates risks for us or our community. If we do so, we will inform you that your User Content is in breach of our Terms of Service or Policies, and the action we have taken up to and including the termination or suspension of your right to use the Service as set out in section 14 of these Terms of Service.
User Content removed from the Service may continue to be stored by us, including in order to comply with legal obligations, or where your User Content has been shared by others. For more information about what happens to your User Content if our relationship ends, see section 14 of these Terms of Service.

10. Reporting unauthorised content

Let us know if you think any content on Designer Alerts infringes your rights or does not comply with these Terms of Service and we will take action, as appropriate.

We have great respect for intellectual property rights, and we are committed to following appropriate legal procedures to remove infringing content from the Service. If you think that any content available through our Service infringes your rights or fails to comply with these Terms of Service, you can let us know by sending us an Infringement Report. Send us a Whatsapp directly via the link on our website.
We will take the action that we believe is appropriate depending on the nature of the Infringement Report and will aim to respond to you within a reasonable period of time on the action we propose to take.

11. If you want to end our relationship

If you don't want to use Designer Alerts anymore, you can do this by contacting us to deactivate your account.

If you would like to end your use of the Service by closing your Account, you can do so by sending us a request for closure of your Account.
If a request comes from someone who is not the account holder, we may ask you to provide proof of who you are and your relationship to the user in question. See our Privacy Policy for information on what happens to your data if you terminate your account. Closing your Account will not affect any outstanding payments you have with us.

12. If we want to end our relationship

We can end your use of Designer Alerts on notice or if you are in breach of our Terms of Service. Make sure you back up any content you value as we cannot guarantee it will always be available.

We may terminate your Account or your right to access or use all or any part of the Service without cause by giving you not less than 45 days’ notice.
We may terminate your Account or terminate your right to access or use all or any part of the Service if you have failed to remedy a breach of the Terms of Service within 30 days, unless we can demonstrate that you have repeatedly been in breach or if there is a real risk of loss or harm were you to continue to use our Service in which case notice to terminate will be effective immediately.
We may terminate or suspend your Account (and any Accounts Designer Alerts determines are related to your account) and your access to or use of the Services based on a risk or reasonable belief that you, your User Content, or your use of the Services violates or may violate the Terms of Service. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy via our app or on our website or to create a new Account. Generally, Designer Alerts will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated the Terms of Service or we have legal or regulatory reasons to not notify you.
If we terminate or suspend your right to access or use the Service, or we find that your User Content is in breach of our Terms of Service or Policies, we will provide a statement of reasons at the time notice is given. No statement of reasons will be given where:
- We are subject to a legal or regulatory obligation not to provide the specific facts or circumstances or the reference to the applicable ground or grounds.
- Notice to terminate is given and we can demonstrate that you have repeatedly infringed the Terms of Service.
If you or we end your use of the Service, we may delete or modify your User Content, Account, or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. As we do not guarantee the permanent availability of User Content, we encourage you to maintain your own backup of your User Content. You agree that you will not rely on the Service for the purposes of User Content backup or storage.
You should note that even if your Account is deactivated, some of your data may persist and appear within the Service, for example where your User Content has been re-shared by others.

13. Our liability/responsibility to you

We try to make Designer Alerts the best service we can, but we can't promise it's perfect and there are certain things that Designer Alerts won’t be liable for.

Whether you are a consumer or a Business User:

We provide the Services with reasonable care and skill.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a consumer:

We do not accept responsibility for any loss or damage:
- That was not caused by our breach of the Terms of Service.
- That was not, at the time you agreed to the Terms of Service, a reasonably foreseeable consequence of us breaching the Terms of Service. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the Terms were entered into, both we and you knew it might happen.

If you are a Business User:

We make no warranty or representation to you with respect to the Services other than what is expressly set out in the Terms of Service. In particular, we do not represent or warrant to you that:
- Your use of the Services will meet your requirements.
- Your use of the Services will be uninterrupted, timely, secure, or free from error.
- Any information obtained by you as a result of your use of the Services will be accurate or reliable or free from error.
- Defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Subject to 13.2 above, we will not be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Terms of Service or the provision or receipt of the Services for any:
- Loss or harm caused by viruses, worms, or other programs designed to impair the Service.
- Loss of profit, goodwill, opportunity, data, business, or business reputation.
- Business interruption.
- Indirect or consequential losses, including where such loss or damage is of the type listed above.
Subject to 13.2 above, our total aggregate liability whether based on an action or claim in contract, tort (including negligence), breach of statutory duty, or otherwise arising out of or in connection with the Terms of Service is limited to the Fee payable in connection with that sale transaction.

14. Your responsibility to us if you are a Business User

If you're a Business User and a third party brings a claim against Designer Alerts because of something your business has done on Designer Alerts, you have to pay our fees and costs.

If you are a Business User, you agree to defend, indemnify, and hold harmless Designer Alerts, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from and against any and all claims, liabilities, costs, damages, losses, and expenses (including legal fees and expenses) arising out of or in connection with:
- A sale transaction including in relation to the terms of sale, or any other claim that may arise between a buyer and a seller.
- Any actual or alleged infringement of a third party's intellectual property rights in connection with an item or your use of or activity on the Service.
- Any sales, use, value added, excise, business, or other taxes or fees, or any customs or duties charges levied on any sale transaction you make on the Service.

15. Resolving Disputes

If you have a dispute with us, please contact us via our Whatsapp group on our website so we can try and sort things out.

Disputes with us:

If you have a dispute with us relating to the Service, in the first instance please contact us via our Whatsapp group on our website and we will try to resolve the issue informally.

16. Changes and limitations to the Service

Now and when we make changes to our Service. We try to make sure Designer Alerts is always up and running but occasionally this isn't possible.

We are constantly updating and improving the Service. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service. These changes to the Service may affect your past or current activities on the Service, features that you use and your User Content.
You understand that it is important for us to be able to make changes to our Service and this is an important basis on which we give you access to the Service.
You also understand that our Service will not always be available or be uninterrupted. Although it is our intention that our Service is available as much as possible, there may also be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. We will do our best to let you know if the Service is going to be interrupted but there may be times we cannot do so, for example if we need to make emergency repairs.

17. Changes to the Terms of Service

We may need to update the Terms of Service from time to time and we’ll give you notice if we believe the changes are material. You can see when we last made changes at the top of this page.

We may update the Terms of Service to:
- Reflect changes in our services or how we do business, for example, when we add new features.
- Take account of changes in the law.
- Address a security risk or prevent abuse of our Services.
If we make a material change to the Terms of Service, we’ll provide you with reasonable advance notice, except in urgent situations, such as to address a security risk or if we are responding to a legal obligation placed on us. If you don’t agree to the updated terms, you should stop using the Services and terminate your account.
Every time you use the Services, please check the Terms of Service to ensure you understand the terms that apply at that time. You will be able to see when the Terms of Service last changed by looking at the “effective date” at the top of this page.

18. General terms

These are important legal terms about how the Terms of Service work as a contract. Let us know if you need any help in understanding what they mean for you.

The current version of the Terms of Service and our Policies contain the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service or our Policies will no longer apply to our relationship and will be completely replaced by the current version.
If a court or relevant authority finds part of the Terms of Service illegal, the rest will continue in force. Each of the paragraphs of the Terms of Service operate separately, so if any court or relevant authority decides that any of them are unlawful, the remaining paragraphs remain in full force and effect.
If you do not comply with the Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
The Terms of Service do not create an agency, partnership, employment, or joint venture relationship between you and Designer Alerts.
The Terms of Service are between you and us. No other person shall have any rights to enforce any of its terms. No third party or (except, where applicable, the permitted assign of Designer Alerts) is entitled to the benefit of the Terms of Service under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

19. The law and venue that apply to the Terms of Service

The Terms of Service (and any related disputes) are governed by the laws of United States. These laws will apply no matter where in the world you live, but if you live outside of United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
The American courts will have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising from or related to your use of the Service. If you live outside of United States, you may be able to bring legal proceedings in respect of the Services we provide you under the Terms of Service either in the American courts or in the courts of your country of residence.

20. Contact, feedback and complaints

If you need to contact us, please contact us via our Whatsapp group on our website.

If you need to contact us about the Terms of Service or any other document mentioned in them, please contact us via our Whatsapp group on our website.
We value hearing from our users and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.