Terms & Conditions

Thanks for using Closit. We hope you’ve had fun it’s giving you lots more options to buy and sell in an easy way. So that the community can all get along and grow, we need users to follow a few simple rules and, of course, the terms and conditions set out here. 

Terms and Conditions

The following Terms and conditions (henceforth, known as Terms and conditions”) set out the requirements to use our website, services and application (henceforth, known as “the Application” or “the App”), which describes the platform that allows users to upload listings and buy and sell a wide range of articles in their possession, as well, communicate with users interested in buying and selling using geolocalization to carry out their transactions. 

Using the Service is strictly for those who have signed up specifically as a user (henceforth referred to as “the User”) by this term, we mean those who have accepted the below Terms and conditions. If you are not in agreement with any or all parts of the terms and conditions, the user should not install or use the Service. 

“The user” - can we a reference to either or Event hosts, Event attendees or Location hosts. 

By accepting the terms and conditions the User agrees to:

Read and understand the aforementioned terms. 

Accept all the obligations stated herein. 

Be over the age of 18 years old and have the adequate legal capacity to use the Service. 

The Terms and conditions are applicable as of the 1st of November 2019. The User’s agreement to these is a preliminary prerequisite in order to use the Service. 

The service provider reserves the right to modify and update the Terms and conditions that once in force, must be agreed to by the User in order to continue using the Service. 

1. Service provider 

The service owner and provider is Le Clique, Inc. (henceforth, “Le Clique”), TaxID: 61-1935733, located Delaware is 2035 Sunset Lake Road, Suite B-2, in the city of Newark, zip code 19702 and county of New Castle with the email address: [e-mail], is responsible for your personal data (henceforth known as “Data”).

2. Registration requirement

In order to use the Service, we require the previous registration as a User, and acceptance of these terms and conditions of use and the privacy and cookies policy. 

The information provided by the User must be accurate, up to date and truthful. The User is responsible at all times for the security of their password and assumes the risk of any damage or harm as a result of misuse, as well as, the transfer, revelation or loss of the same. You must inform Closit immediately if you have reason to believe that your password has been used or is at risk of being used without your consent. In the case of access to restricted areas or use of the service by someone with access to a particular account, we will assume this access was granted to the User in question who will therefore be responsible for the use and actions taken during this time. 

By accepting these Terms and conditions of use, the User consents to their data being held in Closit’s records and their data will be handled by the terms set out in the Privacy Policy. 

3. Rules for use of the service

The User undertakes to use the service in accordance with the law, morality, public policy and these Terms and conditions. He/she also undertakes to make appropriate use of the services and/or content on the website and not use it to perform activities that are unlawful or illegal, infringe any applicable legal rules or infringe the rights of third parties. 

The User undertakes not to transfer, introduce, spread or make available to third parties any kind of material and information (data, contents, messages, drawings, sound and image files, photographs, software, etc.) that are against the law, morality, public policy and these Legal Terms and conditions. The User thus makes undertakings such as but not limited to:

1. Not adding or spreading content that is racist, xenophobic, pornographic, supportive of terrorism or that infringes human rights.
2. Not spreading, communicating or making available to third parties any kind of information, element or content against the fundamental rights and civil liberties recognized in the Constitution and international treaties. 

III. Not spreading, communicating or making available to third parties any kind of information, element or content that constitutes unlawful or unfair advertising.

1. Not sending any unsolicited or unauthorised advertising, “junk mail”, “chain letters”, “pyramid schemes” or performing any other form of solicitation, except in areas (such as commercial sections) that are exclusively designed for that purpose.
2. Not introducing or spreading any false, ambiguous or inaccurate information and content that misleads the recipients of the information.
3. Not impersonating other Users by using usernames and passwords they have used to register for the various services and/or contents on the Website.

VII. Not spreading, communicating or making available to third parties any kind of information, element or content that infringes intellectual and industrial property rights, patents, trademarks or copyright held by the owners of the Website or third parties.

VIII. Not spreading, communicating or making available to third parties any kind of information, element or content that infringes the confidentiality of communications and personal data protection legislation.

1. Not spreading, communicating or making available to third parties any photographs, representations or images of underage persons.
2. Any substance requiring a medical prescription or that must be prescribed under medical supervision (doctor, dentist, optometrist, optician, pharmacist or veterinarian) is not permitted in Closit. As well as any product that affects the health of an individual (that leads to contraindications or interactions etc.) or perishable goods of any sort. 

The User may not hold Closit liable for any possible claim, fine, punishment or sanction that may become enforced as a result of breaching of the rules previously indicated. Closit reserves the right to claim any damages.

4. Exclusion of Users 

Closit reserves the right to deny the use of the Service temporarily or permanently to any User that breaches the rules as set out in the Terms and conditions as well as legal and moral regulations. Closit may also prohibit the use of a User or restrict access to Users on the grounds of the ensuring the best use of the Service and/or the Users experience of such. 

5. Exclusion of Liability 

Closit is not the owner of any of the goods on sale or sold on their platform or at events; it takes no part in buying and selling transactions carried out exclusively by the buyer and seller. Closit does not moderate nor validate the items offered by the User via the service and does not take any responsibility; directly, indirectly or subsequently for damages of any kind derived from the use or employment of its contents. They take no responsibility for the activities of the user and or third parties of the service. They are equally not responsible for the legality reliability, utility, veracity, accuracy, exhaustiveness and relevance of any transaction.

Closit also, in no way takes responsibility for the Host location, in terms of property damage, theft or any other incident that takes places at the location of an event. 

Including, but not limited to the following, Closit is not responsible for damages of any nature derived from:

1. a) The use of the Service by any of the Users; the status, origin, inaccuracy or falsification of the information supplied to us by the Users nor the items they have for sale via the Service. 
2. b) The content, information, opinions or declarations given by any User or by a third party or entity that is communicated or represented via the Service. 
3. c) The use of any materials by the Users derived from the Service that may be of a prohibited or consensual nature, or infraction of intellectual or industrial property rights, confidential information or information gained from the Service from third parties. 
4. d) Engaging in acts of unfair competition and illegal advertising. 
5. e) A potential loss of data for causes not attributable to the Service. 
6. f) Access to the Service and its contents by underage persons. 
7. g) The non-availability, errors of access or lack of continuity of the Service. 
8. h) The mistakes and incidences that could take place in the communications, erasure or incomplete transmissions.
9. i) The non-functioning or problem with the email address given by the User. 

Closit will respond solely and exclusively to the User of the Services and to the content which is derived directly from such, or linked to the copyright. It shall be limited to a maximum of the amounts received directly from the User by Closit with the exclusion in all cases of liability for indirect damages or for lost profits. 

Any claim resulting from a dispute between the Users of the Service should be solved between one another; holding Closit totally exempt from liability. Notwithstanding, Closit undertakes their best effort to offer their Users a fast and satisfactory solution via their User Help Service. 

6. Content and services linked to through our Service

The Service can include links to technical devices, directories and search tools that allow the User to access other websites and internet portals (henceforth known as “Linked sites”).

The User recognizes and accepts the access of Linked sites at their own risk and thereby exonerates Closit from any responsibility for possible infringement of intellectual or industrial rights by the service provider of these sites. The User also exonerates any responsibility for the technical availability of these linked websites; as also the quality, reliability, accuracy or trustworthiness of the services, information and elements contained within that are accessible to the User.

Closit will only be responsible for the content and services offered by the Linked sites, in so far as, if they are effectively aware of any illegality and have not disabled the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, they can share this information with Closit, but under no circumstances will this notification imply that the relevant link will be deleted. 

The existence of Linked sites does not presuppose the existence of agreements with the persons who own or are responsible for such sites, nor Closit’s recommendation, promotion or identification with the declarations, contents or services they provide. Closit is not aware of the content or services of the Linked sites and, therefore, are not directly or indirectly liable for any damages caused by the unlawfulness, quality, unavailability, error or uselessness of the content and / or services on Linked sites nor any other damage that is not directly attributable to Closit.

7. Intellectual and industrial property

Industrial and intellectual property rights regarding the works, and benefits of any content or element affected by these rights (the “Content of the Service”) belong to their rightful owners. The User does not gain any intellectual or industrial property rights nor licence for these elements by their use of the Service. 

Content, meaning, by way of example, the texts, photographs, graphics, images, icons, technology, software, databases and other audio-visual or sound content, as well as its graphic design and source code. This list is solely by way of example; it is not exhaustive, nor without limitation. 

The text, images, graphics, sound, animation and video, software and appearance of the Closit website are protected by intellectual and industrial property rights. 

These elements can not be validly nor legally copied or distributed for commercial use, nor modified or applied to other websites without the prior and explicit consent of the owners. 

The User declares the exclusive property of all rights shared by the works and benefits of any element protected by the industrial and intellectual property rights that are incorporated in the Service (henceforth, the “Content”).

The User freely and exclusively offers Closit public communication rights, rights of reproduction, distribution and transformation of the the Content, in all the exploitation modalities that exist at the time of accepting the Terms and conditions for the complete duration of this agreement that covers the rights. Closit has no business relationship with the brands that Users may advertise on the Service and Apple and Google do not sponsor nor participate in any way in the actions carried out by Closit via the Service. 

Any consultation relating to the above can be made via the User Help Service at [e-mail].

8. Listing and event

The User must bear in mind that once they have decided to advertise their event, by doing so makes the event available to other Users to view and attend based on your event privacy settings. 

When uploading an item, the User must take into consideration the following: 

- Uploading listings with images of sexual content is prohibited.

- It is prohibited to upload ads related to sex, eroticism or fetishism nor is it allowed to offer services of massage or company and friendship. 

- It is not allowed to advertise pyramid schemes or similar services. 

- It is only possible to advertise one event per listing and this listing must be uploaded in the location where and when the event is to be found 

- You may not look for collaborators for erotic services or massage services. 

- You must not upload images or descriptions that do not correspond to the actual item on offer. 

- You must not upload images of underage persons. 

- You must not upload adverts related to animals. 

- For individual user accounts, you may not upload more the 15 cars free of charge. 

Any User who wants to purchase an item must bear in mind that when they commit to buying an item for an agreed price, they are entering into a legal contract with the other User. Likewise, the User must also consider that when purchasing an item, they become the person responsible for the Tax on Capital Transfers and Documented Legal Acts. The User holds Closit totally exempt from fulfilling this obligation. 

When uploading any items, the User must be aware of the Closit rules of use. 

In app subscriptions 

If you sign up to a regular subscription via one of your purchases on the app, the purchase will be invoiced to your IAP Account. (“in app purchase”) on a continuous basis until it is cancelled. 

The subscriptions (“in app purchase”) will automatically renew for the agreed additional cost and period until they are cancelled.

The subscription can be cancelled at any time. To do so, the User must access their IAP Account and follow the cancellation instructions. 

Deleting your Closit account or deleting the app from your device does not cancel the subscription, and, therefore, does not make you exempt from these payments. 

The payments for the subscriptions are charged via your Google Play or iTunes account, 24 hours before the end of your current contract. 

The right to withdraw from these services is not possible once they have been applied. 

In the case that the subscription was not applied, a refund may be obtained for subscriptions made via the app on the stores (Google Play or iTunes, depending on whether your device is Android or iOS)

Seller / Event Host

How to sell step by step:

1. Organise an event, setting a time, location, a selection of product on sales, indication of price point and if there are any co-hosts.
2. Select your privacy options, private, semi-private or public. 
3. Invite other co-hosts if you are adding them.
4. Invite your network via channels available in the app.
5. Make it public if you want it to be searchable / discoverable in the Closit App
6. At the event, have clear pricing set out for the buyers. 

Payment

The app does not get involved in the transaction between buyer and seller. The app will outline the preferred method used for the seller, however final pricing and payment method is to be agreed between the buyer and the seller.

Refunds

As the app is not involved in the purchase transaction of items of clothing, it is no way liable or going to mediate transaction disputes.

Location Host (Person, Group or Company providing the physical location for the event)

The location host, must provide a safe and clean location for the event. Closit takes no responsibility or liability for an event hosted at said location. The location host, must take responsibility as per they invite all attendees to the location at their own request. 

If any incident happens during an event, which was organised via the Closit App, Closit is not liable in any form.

Behaviour at events

All events must be conducted in a respectful, open and honest manner. As well expecting all attendees to act in a respectful manner, it is also required that local law of the event to be complied with. 

Event hosts and location hosts, are able to deny access, refuse entry or request any attendee to leave at any point in time. 

Prohibited event practices on Closit.app

• Violent, dangerous, or criminal behavior
• Targeted to individuals under 18
• Harmful misinformation
• Misrepresentation or concealed intentions
• Pick-up artists or seduction techniques
• Sexual exploitation
• Pornography, nudity, or sexual content
• Mature interests that are not honest and transparent
• Legal or medical services

Mediations

Closit as an application that acts a simple mediator between the seller and buyer. Closit is not the owner of any of the goods on sale or sold on their platform; it takes no part in buying and selling transactions carried out exclusively by the buyer and seller. Closit does not moderate nor validate the items offered by the user via the Closit service and does not take any responsibility; directly, indirectly or subsequently for damages of any kind derived from the use or employment of its contents. They take no responsibility for the activities of the user and or third parties of the service. They are equally not responsible for the legality reliability, utility, veracity, accuracy, exhaustiveness and relevance of any transaction.

Generally, the items acquired via the Closit application cannot be returned except in cases where it has been agreed between the seller and the buyer. Similarly, the right to cancel the transactions does not belong to the Closit application. Except in the case of it being expressly acknowledged in the law, whereby, these rights may only be applied directly by the buyer before the seller. Closit will not take responsibility for any instance of noncompliance on the part of the seller. 

11. Null and Void Clauses 

If any clause of these Terms and conditions is proclaimed to be partially or entirely null or void, this will only affect that provision or the part thereof that is invalid or ineffective. These Terms and conditions prevail in all other areas only the part that is declared totally or partially null will be deemed as such and not included. 

12. Applied Legislation and competent jurisdiction

These Terms and conditions will be governed by and construed in accordance with the laws in the State of Delaware, in the United States of America Law. In the case of litigation between Closit and a User, they may bring a case before the Spanish courts, corresponding to the address of Closit, or before the courts in the location where the User is domiciled.