Terms of Service
Welcome to Boutique (“Boutique”, “We” “Us”). We provide the Boutique Services described below subject to these Terms of Service.
We reserve the right, in our sole discretion, to change these Terms of Service at any time by posting revised terms to https://boutique-homes.com/ (the “Website”). Notice of these changes will be posted on the homepage of this Website and the revised Terms of Service will take effect seven (7) days after their publication on the Service. In the event, we make material changes to the Terms of Service we will also notify you via email at the address we have on file. Your continued use of or access of Boutique following the posting of any changes constitutes acceptance of those changes. For your information, these terms were last updated on the date listed in the table below.
In addition, when using the Services, you shall be subject to any posted guidelines, policies or rules applicable to such services which may be posted from time to time as set forth below and incorporated herein by reference.
Last Updated: September 23, 2023
Should you become aware of any violations of these Terms of Service and/or related guidelines, policies, or rules please report them to [email protected].
PLEASE NOTE: Boutique Services are only available to users eighteen (18) years of age and older. We do not knowingly collect or solicit personally identifiable information from children under 18 years of age; if you are a child under 13 years of age, please do not attempt to register or otherwise use the Services or send us any personal information. If we learn we have collected personal information of a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under the age of 18 years may have provided us personal information, please contact us at [email protected].
Subject to all terms and conditions hereof and compliance therewith, Boutique grants you a limited, revocable, non-exclusive license to access this website and the content and services provided herein solely for the purpose of advertising or renting a rental property, or advertising or renting from commercial lodging establishments,, or for any other purpose clearly stated on this website (the “Services” or “Boutique Services”). Any use of the website that is not for one of these purposes or otherwise in accordance with the Terms of Service or as otherwise authorized by us in writing, including any republication or commercial use, is expressly prohibited.
Boutique is a platform that creates an online marketplace where individuals or entities that own rentable real estate properties (“Hosts”) can advertise their properties (“Property Listings”) and renters of real estate properties (“Guests”) can search and book accommodations. Boutique only provides two services – the online marketplace and payment processing for reservations made through the marketplace (“Boutique Service”). Boutique does not own, manage, or operate any of the accommodations listed on its platform nor is it an organizer or retailer of travel packages. Reservations made on the platform are between the Guests and the Hosts and Boutique is not a party to this contract.
All the information regarding the accommodations listed on the platform is based on the information provided to us by the Hosts. Boutique does not endorse any Hosts listed. The Host is always responsible for the information disclosed on the listings. Boutique cannot review or guarantee that the information is accurate and is not responsible for any errors or omissions. You understand that the Boutique Service is provided on an “AS IS” basis, as each Host is solely responsible at all times for the quality, condition, safety, and legality of the accommodations advertised, accuracy and correctness of the listing information, including, but not limited to, the rates and availability displayed on the platform.
Please note that although Boutique provides payment processing, we are not responsible for the payment solutions themselves. In particular, we are not responsible for any decision taken by any payment provider to decline your payment.
In consideration of your use of the Boutique Service as a Guest, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form or Boutique’s representatives (“Profile Data”); (b) maintain and promptly update the Profile Data to keep it true, accurate, current and complete; and (c) abide by all Property Rules (defined below) as set forth below. If you provide any information that is untrue, inaccurate, not current or incomplete, or Boutique has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete or you violate any Host Property Rules we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You as the Guest are agreeing to adhere to the posted policies and house rules for any booking, and that not doing so voids the contract for the booking.
You, as a Host, agree that all the information in the Property Listings provided to us will be accurate and up to date, including, but not limited to, photos, rates, availability, amenities and facilities, policies for cancellations and refunds (“Cancellation Policy”), property rules and requirements (“Property Rules”) and that your accommodation and advertisement conforms to all applicable laws, taxes, and any other regulations. You are responsible for having appropriate civil liability insurance for your Host services, in accordance with the laws of the country where the accommodation is located. Hosts agree to provide copies of relevant proof of coverage upon request.
Hosts agree to adhere to the policies of Boutique and not attempt to circumvent the commission due to us by providing confidential information and/or referencing other sites or channels in order to communicate and book directly. Boutique may change the listing name of a property at its discretion based upon the marketability of the name and/or competing name changes.
Please be aware that Boutique reserves the right to refuse to list any accommodation at any time, for any reason, and without any liability to you. We also reserve the right to terminate any confirmed booking or listing if Boutique obtains any information that may compromise the safety of the Guest.
From time to time Boutique may offer rewards or incentives for referring others to the Services. For details of any current referral offers, please see our referral page [https://advisors.boutique-homes.com/]. The referring user (“Referrer”) may refer individuals or entities who are neither current customers of Boutique nor registered users of the Services (“Referee”). A registered user is a person or entity that already has an existing account with Boutique. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Boutique reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at Boutique’s discretion for any reason or for no reason whatsoever. If Boutique determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Boutique reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by Boutique to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.
Reservations / Fees / Payment
The table below summarizes the reservation and payment process.
Boutique Booking Methods Explained
We prioritize flexibility and choice for our Hosts. Recognizing that every property and Host is unique, we offer two distinct methods for managing reservations.
1. Instant Booking:
When a Host lists their property as an "Instant Booking", Guests will be prompted to enter their credit card or other payment method details upon making a reservation. Boutique will verify and/or pre-authorize these details. Charges will be applied immediately since the "Instant Booking" feature ensures that reservations are confirmed without delay.
By opting for an instant booking, Guests are agreeing to these Terms, the associated cancellation policies, and any specific rules set by the Host.
It's important to note that while Boutique typically displays reservation amounts in the Host's local currency, there might be instances where it will be shown in U.S. dollars. Guests should be aware that credit card companies and third-party payment processors might levy fees for currency conversions. Boutique does not hold responsibility for any such additional fees.
2. Booking Request:
Guests making reservations will be required to enter their credit card, or other payment method details, which may be verified and/or pre-authorized by Boutique. Guests will not be charged until your reservation is confirmed by the Host. The status of your reservation will remain pending until the Host confirms the request, which may happen immediately, or in some cases may take more than 48 hours.
By submitting a reservation request, each Guest agrees to accept these Terms and agrees to the relevant cancellation policies, as well as to the Host’s own rules and regulations.
Please note, Boutique normally will display reservation amounts in the Host’s local currency, but where it cannot do so it will display the results in U.S. dollars. Note that credit card issuers and third-party payment processors may impose fees for currency conversions. Boutique disclaims any responsibility for such fees.
Host Response to Inquiry:
Upon submission of the reservation request, the Host will either confirm or decline Guest’s reservation. Communication regarding the details of Guest’s stay will be conducted through the Boutique platform. If necessary, the Host may present a new offer with varied dates, rates, or alternative accommodations. All such communications must occur within the platform. For properties that accept photoshoots or events, an appropriate quote should be provided in the Events or Photoshoots field. If not accepted, the booking should be declined, with no direction to external platforms allowed.
In cases of Instant Bookings, the reservation will be confirmed immediately, ensuring a seamless and efficient booking experience for the Guest.
Hosts reserve the right to decline any reservation without liability to the Guest. All listed accommodations are independently owned, and Hosts may refuse animals or children based on health and safety concerns in line with public regulations or laws. Despite this, by accepting these Terms, all Hosts agree to adhere to all applicable fair housing and civil rights laws, ensuring no discrimination against Guests based on sexual orientation, gender, race, religion, ethnicity, or nationality.
If no response is received from the Host within 48 hours post-reservation request submission, Guests may withdraw the request at no charge. Certain policies allow a 24-hour free cancellation post-Host confirmation, provided the Guest is outside the policy's refund cutoff.
It is acknowledged by both parties that reservation requests are not confirmed, and Hosts are not obligated to make the accommodation available for occupancy until the reservation is confirmed by the Host.
Additional Services Offered by Hosts:
Some Hosts may offer extra services to enhance the Guest experience, such as guided tours, gourmet breakfasts, spa treatments, and private transportation. These services are available at the Host's discretion and can be requested via the Boutique platform during the reservation process or during the stay, subject to availability.
Hosts must provide a clear description of these services, including any associated costs. Payments for these services, whether included in the initial booking or charged separately, should be agreed upon between the Guest and the Host before the service is rendered. Boutique is not responsible for the provision or quality of these services. Any disputes or concerns should be addressed directly between the Guest and the Host. Boutique will not be held liable for any issues arising from these services.
The cancellation policy for these services is set by the Host and should be communicated to the Guest. Hosts offering these services must adhere to local regulations and safety standards. Boutique reserves the right to remove listings or services that violate any laws or regulations.
Once the reservation is confirmed, we will share selected information with the Host, and it will only be used for reservation-related purposes. Upon the Host’s confirmation of a reservation, the Host hereby agrees and is obligated to allow the Guest to occupy the accommodation during the confirmed dates, and Guest hereby agrees to make payment in full for the total reservation amount (which includes the Guest Service Fees) which will be charged to your credit card or an account on file.
The parties acknowledge that a confirmed reservation is a binding agreement between the Host and the Guest and that Boutique is not a party to such an agreement but rather merely serves as a platform to list and show accommodations, manage reservations, accept and process payments from the Guests on behalf of Hosts, and ultimately disburse or direct disbursement of such payments to the Host after deducting any applicable Boutique commission fees.
Should Boutique deem the cancellation to be unnecessary and the direct result of the owner's actions, such as with a double-booking, Boutique may, at their discretion, invoice the Host to cover the resulting administrative costs.
Guest Service Fees:
Boutique may charge service fees to Guests (“Guest Service Fees”) for use of the Boutique Services. The Guest Service Fee is a percentage of the sum of the accommodation rates, extra Guests and additional services plus applicable fee taxes. Value Added Taxes (VAT) will be applied to our service fee when relevant depending on the property's jurisdiction and the Guest's tax category. The gross value of the fee will be displayed before checkout is finalized. Booking modifications may result in additional fees or credits.
Guest Service Fees on Additional Services:
Boutique may charge service fees to Guests for any additional services offered by Hosts and booked through the Boutique platform. This service fee is determined at the time of reservation confirmation for the additional service and is calculated based on the cost of the service, plus any applicable fee taxes. Value Added Taxes (VAT) will be added, if applicable, to our service fees on rental, extra guests, and additional services. The gross value of this fee will be displayed at the time of booking the service. Hosts are responsible for ensuring accurate listings and pricing for these services on the platform.
Host Commission Fees:
Boutique also assesses a commission fee on Hosts for all confirmed reservations (“Host Commission Fees”) that is assessed at the time of the reservation confirmation. Host commissions are non refundable after the non refundable period set by their selected cancellation policy. Value Added Taxes (VAT) will be added, if applicable, to the commission amount.
Security Deposits and Insurance:
For bookings within the United States:
Boutique offers Hosts with access to the Boutique “Back-Up” insurance program, which is underwritten and administered by third parties. The Back Up program is subject to additional terms and conditions, which may be found [HERE]By using the Services, Hosts grants Boutique the authority to act on their behalf in procuring such insurance services on the Host’s behalf. Please find the full terms of the Boutique Back-Up program [here].Notwithstanding the above, Hosts and Guests are solely responsible for obtaining insurance coverage sufficient to protect their properties and Guests or their trip, as applicable. HOST AND GUESTS EACH ACKNOWLEDGE THAT BOUTIQUE IS NOT RESPONSIBLE, AND BOUTIQUE HEREBY DISCLAIMS, ANY LIABILITY FOR ANY DAMAGE OR INJURY THAT MAY OCCUR DURING ANY RESERVATION BOOKED THROUGH THE BOUTIQUE SERVICE. It is crucial for Hosts and Guests to ensure they have adequate insurance coverage in place to mitigate potential risks and liabilities during the rental period.
For bookings outside the United States:
Hosts may choose to include security or damage deposits in their Property Listings ("Security Deposit"). Each Property Listing will describe whether a Security Deposit is required for the applicable Property Listing. If a Security Deposit is included in a Property Listing for a confirmed reservation, Boutique, as the payment collection agent, may include the security deposit amount with Guest’s payment for the amount as the Host has determined.
To view Owner security deposit information and options,click here.
Hosts and Guests are solely responsible for obtaining insurance coverage sufficient to protect their properties and Guests or their trip, as applicable. Boutique disclaims any liability for any damage or injury that may occur during any reservation booked through the Boutique Service. It is crucial for Hosts and Guests to ensure they have adequate insurance coverage in place to mitigate potential risks and liabilities during the rental period.
Boutique may change its fees at any time prior to any reservation confirmation. Continued use of the Services after such a fee change constitutes acceptance thereof.
Cancellations and Refunds:
In the event of a cancellation initiated by the Guest, refunds will be provided based on the Host's Cancellation Policy. The reservation amount will be refunded, with the exception of the Guest Service Fee, which will be adjusted proportionately based on the percentage of the booking payment received.
However, if a cancellation is initiated by the Host, Boutique will conduct an internal review of the situation. Depending on the circumstances and the outcome of our review, the Host may be held responsible for refunding the Guest's full payment, including our service fee and commission. It's important to note that this is determined on a case-by-case basis, and Boutique reserves the right to decide whether such a refund is applicable.
Guests represent and warrant that they have the legal right and authority to utilize their credit card or other payment method and authorize Boutique to charge such credit card or payment method in accordance with these Terms of Service. Guests hereby authorize Boutique or its third-party agent to charge the Guest’s credit card or payment method in the amount the Guest authorized Boutique through the Boutique Services, which may include (without limitation) (i) fees owed to Hosts, (ii) any relevant taxes Boutique is obligated to collect on behalf of a governmental agency, and (iii) any Guest Service Fees. Guests also authorize the crediting or debiting of their credit card or payment method by Boutique in connection with any Boutique Service Fees, chargebacks, refunds, reversals, or adjustments made through the Boutique Services. Upon request, Guests agree to sign and submit a direct debit mandate form (or other applicable bank form) to allow Boutique to debit their bank account for fees and amounts owed to Boutique. Boutique recognizes that chargebacks can happen for a variety of valid reasons. However, if you make a payment-card payment through Boutique for a reservation you later dispute by asserting a chargeback without merit (as determined in our sole discretion), whether fraudulently or otherwise, then Boutique may take steps to recover any charges resulting from such an unmerited chargeback from you directly. We take a zero-tolerance approach to chargeback fraud. Unmerited chargebacks include but are not limited to: disputing a charge made in accordance with the Host’s cancellation policy; disputing a charge made in respect of the Property Listing in which you fail to make reasonable efforts to work with the Host or Us to resolve any issues; disputing a charge made in respect of a reservation which was modified by you and the Host in breach of these Terms of Service or requesting a chargeback without a legitimate reason and/or failing to provide any supporting information in respect of the chargeback to allow those parties from which the chargeback is requested to assess the basis of the chargeback request. In the event of any unmerited chargeback request, we reserve the right to recover monies by any legitimate means available to Us, including using a third-party debt collection agency or any other lawful means to recover funds successfully charged back to you in such circumstances.
Notwithstanding anything else herein, if a Guest fails to pay the total reservation amount or any other amount due directly to Boutique or due to Boutique in its capacity as agent of the Host, Boutique reserves the right to, without limiting any of Boutique’s remedies hereunder, initiate a collection action to recover such funds. In such an event, the Guest agrees to pay all costs and expenses, including but without limitation, reasonable attorneys’ fees and other expenses, incurred by or on behalf of Boutique in connection with the collection action.
To read the full Guest payment details please click here.
Boutique will disburse payment to the Host for confirmed reservations (which is the reservation amount, additional services, security deposit if applicable and/or photoshoot/event fees minus Boutique’s commission and VAT if applicable) on the payout date which is determined within the Host cancellation policy. Payment is sent in the manner provided for by the Host who shall be responsible for any and all service fees associated therewith.’
To review the cancellation policies and payout timeframes, please click here.
Payments to a Host by Boutique are subject to delays, due to bank holidays and specific banks’ efficiency levels. Please note, that Boutique does not cover any third-party fees when transferring payment to Hosts, including, but not limited to, PayPal, TransferWise, bank transfers, and currency conversion fees and the cost of any such fees assessed to Boutique will be deducted from the amounts due.
Member Account, Contact Information, Passwords, and Security
You may be required to sign up for an account, select a password and user name, and provide us with certain information or data, such as your contact information, in order to make use of the Services. You will receive a password and account designation upon completing the Boutique Service’s registration process. You are responsible for maintaining the confidentiality of the account details and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Boutique of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Boutique cannot and will not be liable for any loss or damage to you arising from your failure to comply with this Section.
As part of the Services, you may receive communications through the Services, including messages that Boutique sends you (for example, via email or SMS). By signing up for the Services and providing us with your wireless number, you confirm that you want Boutique to send you information regarding your account or other uses of the Services, which may include Boutique using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Boutique, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Boutique. You agree to indemnify and hold Boutique harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
You may terminate your account at any time by providing notice of your intent to terminate service in writing to [email protected]. No refund for unused service will be given.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Boutique, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Boutique does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Boutique be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to a Boutique official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Boutique Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
- interfere with or disrupt the Boutique Service or servers or networks connected to the Boutique Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Boutique Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations and requirements related to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance, anti-discrimination, fair housing laws, export controls, technology transfers, currency controls, human trafficking and/or any other laws or regulations having the force of law as well as any applicable industry standards such as credit card network operating rules relating to your use of the Boutique Service.
- “stalk” or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that Boutique does not pre-screen Content, but that Boutique and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Boutique Service. Without limiting the foregoing, Boutique and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content on this platform. In this regard, you acknowledge that you may not rely on any Content created by Boutique.com or submitted to Boutique.com.
You acknowledge and agree that Boutique may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Boutique, its users and the public.
You understand that the technical processing and transmission of the Boutique Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
Boutique does not claim ownership of Content you submit or make available for inclusion on the Boutique Service. However, with respect to Content you submit or make available for inclusion in publicly accessible areas of the Service, you hereby grant Boutique the following worldwide, royalty free and non-exclusive license: With respect to Content you submit or make available for inclusion on publicly accessible areas of Boutique, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Boutique Service.
You acknowledge and agree that all parts of the Services, unless otherwise stated herein, are the exclusive property of and owned by Boutique and is protected by copyright, trademark, and other applicable intellectual property and other laws.
You may access, copy, download and print the material contained on the site for your personal non-commercial use (except as expressly permitted), provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download or print. Any other use of Content, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to Boutique, is expressly prohibited.
Trademarks, logos, and service marks displayed on the website are registered and unregistered trademarks of Boutique, its licensors or content providers, or other third parties. All other trademarks, logos, and service marks are the property of their respective owners.
Data Sharing and Verification
Boutique is dedicated to ensuring the safety and security of all users on its platform worldwide. As a part of this commitment, background checks are an essential component of the booking process. These checks are conducted by Safely, a third-party provider specializing in comprehensive background checks.
Upon initiation of a booking, Safely will conduct a background check on the involved individuals, regardless of their country of residence. This check includes but is not limited to criminal history, identity verification, and other relevant screenings. The results of these checks are used to ascertain the eligibility of individuals to proceed with the booking.
By proceeding with a booking on the Boutique platform, you hereby give your explicit consent for Safely to conduct a background check on you. You affirm that you understand that the results of this check may influence your ability to use the Services , irrespective of your geographical location.
Safely handles all personal data obtained during the background check process in strict compliance with applicable global data protection laws. Your information is used exclusively for the background check process and is not shared with any unauthorized entities.
In case of any disputes or concerns regarding the background check process or results, please contact Boutique customer service for assistance and resolution.
By using the Services, you agree to these terms regarding global background checks and affirm your understanding and consent for the same.
COPYRIGHTS AND COPYRIGHT AGENTS (Digital Millennium Copyright Act)
Boutique respects the intellectual property of others, and we ask our users to do the same. Boutique will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Boutique Life Inc
110 East 25th St
New York, NY 10010
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Boutique the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your DMCA notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. We reserve the right to send a copy of any such notice to a third party that may publish and/or annotates it. As such, your letter (with your personal information removed) may be forwarded to the Chilling Effects Clearinghouse for publication.
Links and Advertisers
Boutique may provide, or third parties may provide, links to other websites or resources (this includes content and links provided by our advertisers). Because Boutique has no control over such sites and resources, your use of such websites or resources is at your own risk and you acknowledge and agree that Boutique is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Boutique shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
Modifications to Service
Boutique reserves the right, at any time, to modify, suspend, discontinue or terminate all or any part of the services offered without notice at any time. Boutique may impose limitations on website usage, including, without limitation, how long Content will be hosted; bandwidth used by any users; the number and duration of logins; and/or terminate inactive accounts. You agree that your use of the Boutique Services is at your own risk and that Boutique has no responsibility or liability for your inability to use the service or access any content.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOUTIQUE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BOUTIQUE MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOUTIQUE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOUTIQUE SHALL NOT BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOUTIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR (B) ANY DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Boutique SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.
YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE BOUTIQUE SERVICES IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. IN THE EVENT THAT WE MAY NOT LIMIT OUR LIABILITY, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 100 U.S. DOLLARS OR THE TOTAL AMOUNT OF FEES COLLECTED FROM YOU BY BOUTIQUE WITHIN THE SIX MONTHS PRIOR TO YOUR CLAIM ARISING, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold Boutique, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from and against any and all losses, liabilities, expenses, damages (actual and consequential), and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Boutique Service (including any actions taken by a third party using your account) and/or any violation of these Terms of Service. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.
NOTICE / ELECTRONIC COMMUNICATIONS
Unless specified otherwise by Boutique, the communications between a user and Boutique are by electronic means. Boutique may deem necessary or convenient the use of a phone call for dealing with some issues, and it is hereby authorized to use it as a form of communication. For contractual purposes, and for the normal execution of the services subject of this agreement, you (1) consent to receive communications from Boutique in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other information that Boutique provides to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect your statutory rights.
Notices to you may be made via either email or postal mail. Boutique may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on Boutique Service.
Except as otherwise indicated in the Terms of Service, you may give notice to Boutique by writing:
Boutique Life Inc.
478 Waverly Avenue
Brooklyn, NY 11238
Choice of Law/ Dispute Resolution/ Language
This Agreement shall be governed by the laws of the State of California without reference to its conflict of laws principles (but excluding Section 1283.1 of the California Code of Civil Procedure and the United Nations Convention on Contracts for the International Sale of Goods).
Boutique is committed to customer satisfaction, so if you have a problem or dispute relating to the Boutique Service or this website (“Claims”), we will try to resolve your concerns. You agree to give us written notification of your Claims as set forth in the Notice section above stating (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek. If Boutique does not resolve the Claims within 60 days (“Resolution Deadline”) after it receives your written notification, you may pursue your dispute as set forth below.
Should you wish to pursue your Claim after the Resolution Deadline, it shall be resolved by binding arbitration conducted in English in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in the state and federal courts serving Los Angeles County, California provided that each party waives any right to a jury trial.
Update September 24, 2023
For any claim where the total amount of the award sought is $10,000 or less, you may bring such claim in the Small Claims Court of Los Angeles County Superior Court. All other claims will be subject to binding arbitration before the AAA in Los Angeles, California. You hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts serving Los Angeles County, California.
Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video, or other electronic means of communication. The arbitration award shall be in writing. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event shall the arbitrator award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of Boutique’s patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Boutique Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Boutique is entitled to arbitration; instead all claims and disputes will be resolved in a court.
To the fullest extent permitted by law, the controlling language for these Terms of Service is English.
BOUTIQUE SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, NATURAL DISASTERS, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, PANDEMICS, EPIDEMICS OR DISEASE, STRIKES OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS.
1. For Residents of Quebec / Pour les résidents du Québec
The parties declare that they have required that these Terms of Service and all documents related hereto, either present or future, be drawn up in the English language only.
Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.
1. International Users
Boutique makes no representation that materials on this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i)they have voluntarily sought and established contact with Boutique, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall Boutique be deemed liable under any laws other than the United States; (iv) his or her participation is governed by California law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.
- California Residents
Pursuant to California Civil Code section 1789.3, Boutique provides the following information:
The name, address, and telephone number of the provider of service:
Boutique Life Inc.
110 E 25th St,
New York, NY 10010
201 588 5435
Any charges to the consumer imposed by the provider for the use of the service.
As set forth above, Boutique imposes Guest Service Fees and Host Service Fees in connection with the use of the website and Boutique Service.
The procedures a consumer may follow in order to resolve a complaint regarding the service or to receive further information regarding the use of the service, including the telephone number and address of the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs.
If a consumer has a complaint, it may follow the procedure set forth in Section 21.
You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254
The Terms of Service constitute the entire agreement between you and Boutique and governs your use of the Service, superseding any prior agreements between you and Boutique. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Boutique to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Boutique's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Boutique may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.