Earn 15 Desyr points for taking the Body Shape Quiz!
By accessing and using our Services, you agree that you possess the legal authority to enter into this agreement with Desyr and that you accept these Terms and will comply with them. These Terms supersede all prior communications whether oral, written or electronic between you and Desyr in relation to the Services.
1.2 Why you should read them. Please read these terms carefully before you use our Services. These Terms tell you who we are, how we will provide Services to you, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms [or require any changes], please contact us to discuss. We grant you access to and use of our Services under the condition that you accept and comply with the Terms. By accessing or using these Services you agree that you are bound by these terms.
If you are under the age of 18, you may only use our Services after your parent or legal guardian has given their permission.
You agree that upon accepting these Terms you have and will not rely on any representation or warranty not explicitly expressed within them.
1.3 Our rights to make changes. We may make changes to these Terms, but if we do so we will notify you. We will include a date at the bottom when revisions were last made at the bottom of the Terms and any revisions will take effect as soon as it has been posted.
Your continued access to and use of the Services after a change to the Terms will constitute your acceptance of the updated Terms. If you do not agree to the new Terms, do not access or use the Services.
Desyr has the right at their sole discretion to, either temporarily or permanently, stop providing our Services to individual users or to every user, at any time and for any reason, and may not be able to give you notice beforehand.
2.1 Who we are. We are Desyr, brought to you by Evangeli Ltd. (referred to in these Terms as “we”, “us”, “our”, and “Desyr”) a company registered in England and Wales. Our company registration number is 11817661 and our registered office is at The Enterprise Centre, University of East Anglia, Norwich, NR4 7TJ.
2.2 How to contact us. You can contact us through email at mailto:email@example.com
2.3 Feedback. Any feedback or comments you submit are voluntary. By submitting feedback you agree that we may use it or not use it at no obligation to yourself, it is given on a non-confidential basis and you grant us permission to use, create derivative works from, modify, communicate, create, sell and make available such feedback and any resulting works we create from it, free of charge and without any attribution of any kind.
2.4 How we may contact you. If we have to contact you we will do so by writing to you at the email address which you provide us upon account registration.
2.5 Our trade marks. Desyr is a trade mark of Evangeli Ltd. Both the trade mark and logo are the property of Desyr and cannot be used or distributed without our prior written consent. Nothing in these Terms give you or any third party the right to use the name Desyr, our logos, branding elements, domain names or any other distinctive brand features.
2.6 Purpose of our Services. We are providing these Services in their current form to assist online shoppers in; browsing clothing products online; discovering more information about products from other shoppers; posting and sharing User Content to create a more helpful and social online shopping experience; discovering new brands; finding clothes which they might wish to purchase; being more knowledgeable and informed about their online purchases and; providing them with a tool which could help them to reduce their number of online returns, thereby reducing their contribution to waste in the fashion industry.
The Services are currently only made available within the United Kingdom.
3.2 Deleting your account. If you wish to delete your account, you can do so by visiting your profile and clicking ‘update profile’ and then ‘delete account’. This will open an email for you to make the request. We will then delete your account manually and you will be logged out from our Services and your Content will not be viewable.
3.3 The Body Shape Quiz. When you sign up, you have the option to answer a Body Shape Quiz, which will help us to determine your body shape. It is not compulsory to answer the quiz in order to register an account, but it is a tool that will improve your user experience by allowing us to recommend reviews to you based on your height, usual size and body shape. We cannot guarantee that the results of the quiz are completely accurate. You don’t have to answer the quiz right away, you can decide to answer it later.
3.4 You will notify Desyr of any unauthorised access to your account. If you suspect or are aware of any unauthorised third party access to your account, you will notify Desyr promptly. You agree to assist us in any action taken by us to prevent or deal with unauthorised access or use of your account.
3.5 Other users. If you decide, you may ‘follow’ another user. By registering your account, you agree to allow other users to ‘follow’ you.
4.2 Some of the purchasing links might not be correct. At this stage, we are relying on our users to provide the hyperlink within the Content to the correct product. This hyperlink will be applied to the ‘see in shop’ button. Sometimes, a user might provide a wrong hyperlink. We cannot guarantee that every hyperlink will take you to the correct webpage. If you are taken to the wrong webpage, please click on the report button we have provided and send us an email to let us know that the link is wrong.
4.3 Products may vary slightly from their pictures. Desyr is providing you with a platform to share User Content, including photos of fashion products to give other users a better idea of what the product looks like and help them make a more informed decision before they order them from the retailer. We cannot guarantee that the User Content uploaded provides an entirely accurate representation of the product. Your product may vary from the images, in colour, fit and so on. However we encourage our users to keep their photographs of the products and other User Content as accurate as possible.
4.4 We are not responsible for the products which you receive. Desyr is an intermediary platform which allows users to upload User Content, including their own photos and descriptions of products which they have purchased from third party retailers. We cannot take responsibility if you purchased a product based on User Content which did not accurately represent the product or misled you. If you are not satisfied with the product which you receive, you may upload User Content explaining why the product did not fulfil your expectations. You can then return the item to the retailer that you made your purchasing agreement with.
4.5 The price of the product may be incorrect. The pricing of products shown in reviews is submitted as part of User Content. From time to time, there may be a discrepancy between the price stated on the Services and the price stated on the third party brand or retailer’s website at that time, the price available on the third party retailer’s website is the correct price. We ask our users to input the price which they paid for the product at their time of purchase. The retailer may run promotional discounts or alter the price of their product, which they can do at their own discrepancy. We cannot guarantee that the price on reviews is the correct price for purchasing the product at any time.
4.6 The product might be out of stock. As Desyr is in an early stage, we have kept the platform simple. The Services will not automatically update when an item becomes out of stock (hopefully one day we will have that feature!). If an item is out of stock, we have provided a report button for you to email us and let us know that the item is out of stock.
5.1 User-generated Content. You agree to be honest and accurate about product details which you submit as User Content, including; brand, product name, price, size ordered and the link to the website where you made the purchase. You agree that photos which you are able to submit of clothes as User Content will be as true to reality as possible and won’t distort how a product looks to mislead others. You agree that in your User Content, your descriptive reviews will not use slander or hateful language. The information and material in such User Content has not been verified or approved by Desyr. The opinions, reviews and views expressed in User Content are not our own. We do not accept any liability for content submitted by users and published on our Services.
5.2 Reporting Content. We have provided a report button to report harmful or offensive Content. We will try to remove User Content which we become aware of and deem to be inappropriate, harmful, offensive or otherwise in violation of our Terms. However, we cannot guarantee that Content and User Content will be removed quickly or at all.
5.3 Updates to Digital Content. We may update or require you to update digital Content, provided that some aspects of the digital Content needs to be accurate, such as price, colour, size.
5.4 Revenue. You acknowledge and agree that we may generate revenues, increased goodwill or value from your use of our Services, including but not limited to advertisements, promotions and affiliate fees. Some advertisements and promotions may be placed on the Services next to, amongst or near your User Content and our Content.
You agree that in return for use of our services, Desyr and third party partners or retailers may advertise on the Services, especially targeted advertising to personal data or using information provided by you within Content or User Content submitted to our Services.
You accept and agree that, unless expressed in another agreement, you have no right to share in the revenue, goodwill or other kinds of value generated by Desyr. You also acknowledge that you have no right to receive any income or other consideration from your User Content, or of any sales generated through your User Content, on our Services or on a third party service.
5.5 Offensive or harmful content. You agree that by accessing the Services, you may be exposed to Content which might be harmful, offensive, inaccurate, inappropriate or misleading and that Desyr is not responsible or liable for this.
5.6 Desyr Points. Desyr will reward you for use of our Services with loyalty points (called, “Desyr Points”). You will earn points for;
You will be able to exchange Desyr points for entries into competitions (see below). These points have no cash value and are for your use only, they cannot be transferred or reassigned and cannot be exchanged for cash.
5.7 Desyr Competitions. Desyr will run competitions (called, “Competitions”) from time to time on the Services. We allow you to exchange Desyr points for entries into the Competitions. The number of Desyr Points required for entry into each competition may vary and the cost of Desyr Points for one entry will be decided at the discretion of Desyr. The prizes will change each time. The winner is selected at random. Unless the competition description states otherwise, all competition entrants must have an address within the United Kingdom to send the prize to, we will not be able to send your prize to an international address outside of the United Kingdom. If you are outside of the United Kingdom and win a Competition, but do not have an address within the United Kingdom to send the prize to, you will forfeit the prize and we will choose another winner at random.
5.8 Rewards Page. To reward our users for posting reviews and interacting with our website, we have created a Rewards Page. Here, we will share discount codes from partnering retailers. You can spend your Desyr Points to unlock these discount codes. These discount codes will be governed by specific terms and conditions set by these partnering retailers and will normally be available on their website. You should read those specific terms and conditions set by the partnering retailers, as well as their general terms and conditions before making a purchase with them. We will provide you with a promotional code, for you to enter on the partnering retailer’s website at the checkout. In order for the discount code to work and successfully be applied, you will need to make sure that you enter the discount code correctly.
The discount codes have no cash value and are for your use only, they cannot be transferred or reassigned and cannot be exchanged for cash.
The expiry date for these discount codes can be found underneath the card from where they can be unlocked. They will again be displayed once you have unlocked the discount code.
Desyr has the right to cancel, suspend or alter discount codes at any time.
Some brands have provided specific Terms and Conditions for discount codes;
i) Under Armour: Please note the code will not apply on already discounted items and it will only be applicable on full-price items (with the usual exceptions of the following products and collections: Electronics, Project Rock, SC 30, Curry 7, HOVR Machina, HOVR Summit, Spieth, Sportsmask).
ii) apparelle: Please note that these discount codes only apply to the following brands on the apparelle website; NA-KD Fashion, Free People, Bala, Casall, More Joy, Dolly Sports, The Knockout Paris
5.9 Your rights to your content. You retain the intellectual property rights to your own original content which you submit to the Services, including copyright. In all instances where your User Content is used and displayed on the Services, we shall attribute such content to you using the username you submitted upon registering your account.
By submitting your content, you agree that you grant Desyr a non-exclusive, perpetual, irrevocable, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, create derivative works from and distribute your Content in any type and all kinds of media, including but not limited to social media, including platforms which are later created. We may use such User Content to provide, promote and improve the Services. You agree to waive all moral rights you have in such Content to the fullest extent allowed by the law, you waive rights to prior inspection of any marketing material related to your User Content. You agree to never support, maintain or permit any action based on moral rights which you may have submitted to the Services. You agree that Desyr can make this Content available to companies such as the third party retailers, or partners, to share, distribute or publish on media, though they will not be given the automatic right to it without our prior agreement. You agree that you will not be due compensation for such use or distribution of your content by Desyr or any of the partners or third party services and platforms. Moreover, you grant us a royalty-free license to use your username and image to identify you as the source of your User Content.
In exchange, Desyr grants you a personal, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive license to use and enjoy our Services and access the Content, so long as you abide by these terms. You may not make unauthorised copies, reproduce, translate, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, hire, rent, lend, or make a derivative work from the script or software used in the Services.
5.10 Our rights to the Content. We reserve all rights, including intellectual property and Content (other than the Content submitted by our users) including but not limited to all information, data, graphics, illustrations, logo, branding, maps, code, images, media, writing, page design, “look and feel” and wireframes, as well as the code and original software used within our Services, and they are the property of Desyr and our licensors.
You may not copy any of our Content and use it to form a collection or database without our prior written consent. For all Content, other than your User Content, you agree to not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the Services. If you do so in breach of these Terms, your right to use the Services will be withdrawn and must destroy such material at our request.
5.11 Other intellectual property rights. If you submit Content to which you do not own the intellectual property or moral rights, you understand that you may become liable as Desyr will not be liable. You therefore warrant that you have all of the rights to grant rights to any User Content you submit to the Services.
From time to time, users may upload a photo or screenshot from a retailer’s website as a reference or point of comparison. Desyr is not liable for any photos uploaded as part of User Content.
Using a trademark to mislead other users into thinking that you are affiliated with the trademark owner is infringing on their intellectual property rights. However, it is generally not considered an infringement if you accurately reference the trademark owner’s products or services or to compare them to other products or services.
If you believe that your intellectual property, including but not limited to copyright, trademark, has been posted on the Services without your permission, please contact us at mailto:firstname.lastname@example.org with your contact information, a clear and complete description of the material which you believe has been used without the intellectual property owner’s consent, a web-link to the location of such material on the Services, a statement of how the intellectual property owner did not grant the user permission to use such material, a statement that you believe that all information which you submit to us in the email communication is true and complete to your knowledge and that you either own the intellectual property or have been permitted to act on behalf of the owner, as well as a signature from the intellectual property owner which is admissible in a court of law, along with their typed full name.
5.12 You rely on information within the Content at your own risk. We cannot guarantee that all of the information and Content on the Services, especially by User Content, is reliable. If you use or rely on any of the Content or User Content, you do so at your own risk. Where the Services contain links to other websites which belong to third parties, you acknowledge that these links are a part of User Content and have been provided by other users and not by us. We have no control over these third party services or their content, therefore you should not interpret that we have monitored and approved these links, or the brands to which they may link. You accept that we have no obligation to pre-screen, monitor, review or edit your User Content or that of other users.
The User Content includes reviews which describe and show products by third party brands and retailers and links to their websites, but this does not imply, suggest or constitute our sponsorship, approval or affiliation to such third party brands and retailers. We do not endorse or recommend any of the products featured in the User Content. Desyr disclaims all and any liability for such User Content.
6.1 You are responsible and liable for your use of the Services. You are responsible for the User Content which you upload to the Services and of any consequences thereafter. Any User Content which you upload will be available to view for other users on our Services. You should only share User Content which you are comfortable with being shared on our Services, it should be non-confidential and non-proprietary. You warrant that you will comply with the standards set out in our Terms and Conditions and in the instance that you breach that warranty, will be liable to us and indemnify us, meaning that you will be responsible for any loss or damages we incur as a result of your breach of warranty. You agree to defend and indemnify Desyr and any of their officers, directors, employees and agents against any claims, demands, losses, damages, fines, penalties or any other kinds of costs or expenses of any kind including but not limited to legal and accounting fees which are brought to us by a third party in the instances where they have been brought to us as a result of your use of the Services, your violation of a law or another individual’s rights or your breach of these Terms.
6.2 You agree that you are age 13 or above. We do not permit children below the age of 13 from using our Services. In order to make a purchase on a third party retailer’s website you will need to be aged 18 or above in order to enter into and agree to their own terms and conditions, unless you get permission from your legal parent or guardian. Please read the third party retailer’s terms and conditions to confirm.
In addition to the rest of the conditions in these Terms, you will not;
6.4 You will not open an account on behalf of a retailer. Our Services are currently for consumer use only. In the future, we may make it possible for retailers to create a separate kind of business account to access the Desyr platform.
6.5 Accuracy and completeness of information. You agree and warrant that all of the information you provide to Desyr is accurate and complete.
6.6 Only you may use your account. You agree that you will use your account with Desyr for personal use only. You cannot grant other people access to your Desyr account. It is your responsibility to keep your personal details required for logging in confidential, you will not share your email address, password or username with any person.
6.7 Your reviews will be completely honest and impartial. The purpose of our Services is to create a more transparent, social online shopping experience where our users can get a better idea of what clothes truly look and feel like before they order them. You warrant that you will never claim mistruths in User Content submitted to review a product. You will not communicate false or misleading information. You may receive items to review as a gift from a clothing brand, but your review must be personal, original and written with integrity. You must not write anything in your review, or provide a rating, which has been requested by a clothing brand or retailer.
6.8 Issues between you and a third party brand or retailer are your sole responsibility. Any disputes or conflicts which may arise between you and a third party brand or retailer, including but not limited to payment processing, transactions, deliveries and product satisfaction are between you and the third party brand or retailer only and is your responsibility.
7.1 We are not liable for business losses. We are an intermediary platform for consumers to leave reviews on products. If a consumer leaves a negative review, it is their right to do so. Desyr is not liable to any business or third party retailer for any loss of profit or sales, loss of business, business interruption, loss of business opportunity, loss of goodwill or reputation.
7.2 We retain the right to remove content. Desyr retains the right to remove any User Content which violates these terms or any applicable law, though we are not obliged to do so. We have the right to remove any of your User Content which violates these Terms or any applicable law and delete or ban your account without notice to you. If you want to have permanent access to your User Content, we recommend you to save copies of any User Content you submit to the Services to your own personal devices in case you lose access to the Services or they are removed or become unavailable.
7.3 We cannot monitor every post. Where User Content is reported as being malicious, containing offensive or harmful content and we have been made aware of it, we will make reasonable efforts to remove it quickly.
7.4 Desyr does not endorse, represent or guarantee the truthfulness, accuracy or reliability of any Content submitted to our Services. We would like to emphasise that we are providing a platform for users to express their own opinions regarding their fashion purchases. We cannot and will not endorse, represent or guarantee the truthfulness, accuracy or reliability of any User Content submitted to the Services. We do not endorse any opinions about any brands or products submitted by our users.
7.5 Desyr is not liable for any loss or damage incurred through relying on Content or User Content and use of our Services. If you incur any loss or damage through using our Services and relying on any of the Content or User Content, Desyr will not be at fault or liable. This includes but is not limited to Content in writing contained within emails and marketing material, or any Services on any platform which Desyr uses.
8.1 How we will use your personal information. We will use the personal information you provide to us:
8.2 We will only give your personal information to [other] third parties where the law either requires or allows us to do so. Desyr has the right to access, read and disclose any information, including personal information, where they believe it is necessary to ensure the safety of users, to enforce the Terms of this agreement by investigating violations and to satisfy any applicable law, legal proceedings or requests from the government.
9.1 Limitation of liability. THE FOLLOWING STATEMENT DOES NOT LIMIT THE REST OF THESE TERMS; DESYR DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, WHETHER STATED OR IMPLICIT. DESYR CANNOT WARRANT, TAKE RESPONSIBILITY OR CLAIM LIABILITY FOR THE COMPLETENESS, ACCURACY, RELIABILITY OR SECURITY OF OUR CONTENT AND SERVICES, OR USER CONTENT. TO THE FULLEST EXTENT PERMITTED BY THE LAW, DESYR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING MATTERS, LINKED TO USE OR ACCESS OF THE SERVICES, WHICH BUILD UPON THE POINTS ALREADY MADE IN THE REST OF THESE TERMS;
9.2 Your liability. You are responsible and are liable for all User Content which you submit or link to the Services. You should endeavour to check that the information which you upload about a product is correct and that the link you attach for others to purchase an item is safe and correct. You release Desyr and any directors and employees from any and all claims or damages which arise from disputes with other users or third party brands or retailers.
You agree to indemnify us against all liabilities, costs (including but not limited to legal costs), damages and losses, and any other professional fees which are incurred as a result of your use of the Services, your User Content, your breach of agreement, representations of warranties under these Terms or violation of these Terms or any applicable laws.
9.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs containing provisions of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, then the unenforceable paragraph or provision will be deemed superseded by an alternative enforceable paragraph or provision, which most closely matches the intent of the unenforceable paragraph or provision and the remaining paragraphs or provisions will remain in full force and effect.
9.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
9.5 Which laws apply to this contract. These terms are governed by English law. Any disputes which arise from this agreement will be resolved within the English law system and the language shall be in English.
9.6 Unauthorised third party access to your account. We will endeavour to maintain the security of our Services, though we do not guarantee that an unauthorised third party will not violate these Terms and hack through security measures. If you suspect that your account has been hacked please notify us immediately. We do not guarantee that our Services will be free of bugs or viruses, you are responsible for your own hardware and software and should therefore endeavour to protect it with your own virus protection software.
9.7 Damages. If an English court of law finds us to be liable to you for some reason which these Terms do not exclude us from, our total aggregate liability payable to you (whether in contract, tort, negligence or strict liability in statute) for all damages in direct connection with your use of the Services, shall be limited to a maximum of £100.
9.8 Waiver of claim. You agree that, to the maximum extent permitted by law, you will bring forth any claim or cause of action from or relating to your use of the Services within 2 years from the date when such claim or cause of action arose or occurred, if you do not bring the claim or cause of action forward in that time then it will be irrevocably waived.
9.9 Statutory rights. Nothing set out in these terms affect statutory rights for the consumer, nor do they limit our liability for personal injury or death as a result of our own negligence, fraudulent misrepresentation or any liability the law states cannot be excluded or limited.
9.10 Termination. Upon the termination of these Terms, all and any rights and licenses which you are granted in regards to the Services will simultaneously end.
9.11 Reserved rights. Any rights which have not been expressed are reserved.
9.11 b. Open Source. The Platform contains certain open source software. If you want to know more about our open source software used please email us on mailto:email@example.com