Effective Date: August 9th, 2023
These Terms and Conditions ("Agreement") govern the use of our website as a customer on our marketplace ("Platform"). Please read this Agreement carefully before accessing or using the Platform. By accessing or using the Platform, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you must not access or use the Platform.
"Platform" refers to our website and marketplace where vendors can list and sell their products or services.
"Vendor" refers to any individual or entity that registers and uses the Platform to list and sell products or services.
"User" refers to any individual or entity that accesses or uses the Platform, including customers and vendors.
"Merchant" refers to the company with which our platform is affiliated as an affiliate partner.
Customer Account and Usage
Eligibility: To become a customer on the Platform, you must be at least 18 years old or have legal authorization to use the Platform.
Reward Level: As part of our commitment to rewarding positive engagement and responsible tenancy, we have implemented a user status system that reflects your performance and interactions. Your user status—Gold, Silver, or Bronze—will be determined based on specific metrics and criteria, showcasing your level of engagement and adherence to certain standards.
Gold Members: Gold status is granted to users who consistently meet exceptional criteria, such as timely and consistent payments, responsible tenancy, and exemplary interactions. Being a Gold Member may signify that you consistently pay your rent on time every month and demonstrate a high level of positive engagement within the community.
Silver Members: Silver status is designated for users who meet satisfactory criteria, including regular payments with occasional instances of lateness, along with positive overall engagement.Being a Silver Member might indicate that you generally pay on time, with occasional instances of late payments.
Bronze Members: Bronze status is attributed to users who may not consistently meet all the criteria for Gold or Silver status, including instances of missed payments or other factors. Having Bronze status might mean that you have experienced missed payments or have yet to meet the requirements for higher status levels.
Please note that the specific metrics and criteria for each user status may extend beyond payment history, encompassing other aspects of engagement and responsibility. Your user status is intended to provide a snapshot of your overall performance and engagement in the community. Achieving and maintaining higher status levels may unlock certain benefits and privileges.
Account Security: You are responsible for maintaining the security and confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use or breach of security regarding your account.
User Responsibilities, User Product Selection and Purchases:
Informed Selection: As a user of the Platform, you are responsible for making informed decisions when selecting products or services from vendors. Thoroughly review product descriptions, images, and other provided information to ensure your selections align with your preferences and requirements.
Adherence to Laws: You agree to adhere to all applicable laws, regulations, and the Platform's policies while browsing, selecting, and purchasing products or services from vendors.
Communication and Conduct:
Respectful Communication: Maintain professionalism and respect in your communication with vendors and other users on the Platform. All interactions, including messages, reviews, comments, or feedback, should reflect courteous and respectful language.
Accuracy in Communication: Provide accurate and honest information in your communications with vendors. Do not misrepresent your intentions, preferences, or any other relevant details.
Prompt Responses: Strive to respond promptly and within a reasonable timeframe to vendor inquiries, comments, or disputes, promoting effective communication and issue resolution.
Conflict Resolution: In cases of disputes or conflicts with vendors or other users, make a sincere effort to resolve the matter through open and respectful dialogue. If necessary, escalate the concern to the Platform for further assistance and resolution.
Prevention of Spam: Avoid engaging in spam, phishing, or any form of unsolicited or misleading communication.
User Content and Rights: By using the Platform, you confirm that you own or have obtained all necessary rights and licenses for the content you upload, share, or post on the Platform. You agree not to infringe upon the intellectual property rights of third parties with respect to the content you provide on the Platform.
Responsibility for Intellectual Property: You are solely responsible for ensuring that you possess the required rights and licenses for the use of any intellectual property, including copyrighted materials, in the content you share or post on the Platform.
Respect for Vendor Intellectual Property: You agree to respect the intellectual property rights of vendors on the Platform. This includes refraining from using, copying, reproducing, modifying, or distributing any vendor's product listings, images, descriptions, or any other intellectual property without prior written consent from the respective vendor.
Platform Intellectual Property: You acknowledge and agree that all intellectual property rights related to the Platform, including but not limited to its design, logos, trademarks, and software, are the property of the Platform and its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Platform solely for your personal use. You agree not to reproduce, modify, distribute, or create derivative works based on the Platform's intellectual property without prior written consent from the Platform.
License to Use User Content: By sharing or posting content on the Platform, you grant the Platform a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display the content provided by you on the Platform for promotional and marketing purposes related to the Platform.
Protection of Platform Intellectual Property: You agree not to engage in any activities that may infringe upon or misappropriate the intellectual property rights of the Platform or any third parties. This includes, but is not limited to, unauthorized use, copying, or distribution of the Platform's intellectual property.
Order Interaction: As a user of the Platform, you agree to interact with vendors and participate in the order process promptly and in accordance with the terms specified by the vendors. Once you place an order and the payment is successfully processed, you are obligated to engage in the order process as required, including providing accurate information and following vendor instructions. In the event of any issues or delays, you must communicate promptly with the vendor and work towards a resolution in good faith.
Reporting Copyright Infringement: We respect the intellectual property rights of others and expect all users on the Platform to do the same. If you believe that your copyright has been infringed upon by any content or materials posted on the Platform, please promptly notify us in writing, providing the following information:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are involved, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, along with information reasonably sufficient to locate the material.
Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Action Upon Receipt of Copyright Infringement Notice: Upon receipt of a valid copyright infringement notice, we will take appropriate actions, which may include removing or disabling access to the allegedly infringing material. We may also contact the user responsible for the allegedly infringing content to provide an opportunity to respond to the complaint.
Counter Notification: If you believe that your content has been wrongly removed or disabled as a result of a copyright infringement notice, you may provide us with a counter notification in writing. The counter notification must include:
Your physical or electronic signature.
Identification of the material that has been removed or disabled and the location where the material appeared before it was removed or disabled.
A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
Your name, address, telephone number, and email address.
Repeat Infringers: We may take appropriate actions, including terminating the accounts of users who are found to be repeat infringers of copyright.
Percentage of Sales: By using the Platform you agree that we may collect a percentage of the sales made through the Platform or Merchant sites. The specific percentage may vary depending on the product category or other factors.
Payment Processing: We have integrated Stripe as the payment processing service on the Platform. By using the Platform as a user, you agree to comply with Stripe's terms and conditions and authorize us to collect, process, and disburse payments on your behalf through the Stripe integration. You acknowledge that we are not responsible for any issues or liabilities arising from the Stripe payment processing service. You are solely responsible for any transactions you engage in.
Cashback Processing and Rewards: In addition to the sales-related payments, we offer cashback rewards as part of our user rewards program. These cashback rewards, earned through eligible transactions, will be processed using payment processors such as PayPal or other similar platforms. By participating in our cashback rewards program, you acknowledge and agree to the processing of cashback rewards through these designated payment processors. Any issues or liabilities arising from the processing of cashback rewards are the responsibility of the respective payment processor. For additional details, please consult the specific terms and conditions provided by the vendors and merchants for their respective offers.
Cash Out Threshold: Please note that a minimum threshold must be met before you can initiate a cashout from your cashback account. Details about this threshold and the cashout process can be found on the Cashback Payment tab on your Account page. Refer to this page for specific information regarding cashing out your earned rewards.
User Liability: You acknowledge and agree that you are solely responsible for your user account, activities, and any liabilities arising from the use of the Platform. We are not liable for any damages, losses, or expenses incurred by you in connection with your use of the Platform.
Risk of Loss: You acknowledge and agree that the risk of loss for any products or services purchased through the Platform is transferred to you upon delivery or completion of the transaction. It is your responsibility to ensure the proper receipt, acceptance, and inspection of the products or services upon delivery.
Insurance: We recommend that you consider obtaining appropriate insurance coverage to protect against any potential loss, damage, or liability associated with the products or services purchased through the Platform. You are solely responsible for assessing and obtaining any necessary insurance coverage.
Disputes: In the event of any dispute or disagreement between you and a vendor regarding the delivery, condition, or quality of the products or services, you agree to resolve such disputes directly with the vendor. We are not responsible for and have no liability for any disputes or losses arising from such transactions.
Release of Liability: You hereby release us from any and all claims, demands, losses, damages, liabilities, and expenses, including legal fees, arising out of or in connection with any disputes or losses related to the products or services purchased through the Platform.
Taxes and Accounting:
Payment Portal Integration: Stripe serves as the payment processing service integrated into the Platform. While you may not be conducting sales as a user, certain activities on the Platform may involve financial transactions. The payment portal integration may provide you with access to relevant financial information and records associated with your activities.
Access to Account Statements: Links within your user profile may direct you to the Stripe payment portal, allowing you to access any available account statements or transaction-related details. To view or retrieve such information, you are responsible for logging into the payment portal as needed.
Statement Accuracy: Although we aim to provide accurate and current information through the payment portal, we cannot guarantee the accuracy or completeness of the account statements and records. It remains your responsibility to review and verify the provided information, promptly notifying us of any discrepancies or concerns.
Payment Disbursement: In instances where disbursements or payments are applicable to your interactions on the Platform, Stripe's disbursement schedule and terms will dictate how payments are processed and transferred to you. Any delays, issues, or responsibilities related to payment disbursement through Stripe are not under our purview.
Grant of Use and Restrictions:
Grant of Use: Provided you adhere to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable right to access and use the services offered by the Platform. This grant of use is solely for the purpose of engaging with vendors, purchasing products or services, and utilizing the features provided by the Platform. We retain the right to revoke this license at any time and for any reason, without prior notice. Should the license be revoked, you must promptly cease all use of the Platform's services.
Restrictions: You hereby agree not to:
Resell Services: Engage in the resale, sublicensing, or provision of the Platform's services to any third party without obtaining explicit written consent from the Platform.
Reverse Engineer: Engage in reverse engineering, decompilation, or disassembly of any aspect of the Platform's software or services. You also agree not to attempt unauthorized access to the Platform or its associated systems.
Modify or Alter: Modify, alter, or generate derivative works based on the Platform or its components, except as specifically authorized by the Platform.
Copy or Reproduce: Copy, reproduce, distribute, transmit, display, or perform any content found on the Platform – including product listings, descriptions, images, and other materials – for any purpose other than your interaction with vendors or the purchase of products and services.
Use for Unlawful Purposes: Utilize the Platform or its services in any manner that violates the law or unauthorized activities, which encompass but are not limited to fraudulent actions, infringement of copyrights, or other forms of intellectual property violations.
Interfere: Interfere with the regular operation or functionality of the Platform. You must not endeavor to bypass any security or authentication mechanisms implemented by the Platform.
Reservation of Rights: All rights not expressly conferred upon you within this Agreement remain reserved by the Platform. We retain the prerogative to modify, suspend, or terminate your access to the Platform's services at any point, and this may occur without incurring any liability on our part.
Disclaimer of Warranty:
As-Is Basis: You explicitly acknowledge and consent that your utilization of the Platform and any services offered by the Platform is solely at your own risk. The Platform and its services are provided "as-is" and "as available." We provide no warranty or representation, whether express or implied, concerning the quality, accuracy, completeness, reliability, or availability of the Platform or its services.
No Warranty: To the maximum extent permissible under applicable law, we renounce all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or any other warranties arising from the course of business or usage of trade.
No Guarantee: We do not guarantee that the Platform or its services will fulfill your prerequisites or expectations, or that the operation of the Platform will be free from interruptions, secure, or devoid of errors. Any content, materials, or information obtained through the Platform is procured at your own discretion and peril. You bear sole responsibility for any harm to your computer system or loss of data arising from the use of the Platform.
Third-Party Services: The Platform might incorporate or link to third-party services, products, or websites. We do not endorse, guarantee, or warrant the quality, accuracy, reliability, or availability of such third-party services, products, or websites. Your interactions with third-party services or websites are exclusively between you and the third party. Any terms, conditions, warranties, or representations associated with such interactions are solely between you and the third party.
Timing of Account Updates: Please be aware that the status updates for cashback accounts, refer and earn, and share and earn accounts are provided by the respective Merchant. While we make every effort to offer accurate and timely information, the timing of updates and visibility into the status of these accounts may vary based on the information provided by the Merchant. As soon as the Merchant provides the necessary information, we will promptly update the status accordingly. The timing of updates and provision of information may differ depending on the Merchant's internal processes and the specific type of reward.
Limitation of Liability: To the maximum extent permitted by applicable law, we shall not be liable for 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, arising out of or in connection with your use of the Platform or its services, regardless of whether we have been advised of the possibility of such damages.
Termination by User: You may terminate this Agreement and your user account at any time by providing written notice to us. However, please note that account termination will not affect any prior transactions or obligations you have entered into on the Platform.
Termination by Platform: We reserve the right to suspend or terminate your user account and access to the Platform at our discretion, without prior notice, if we determine that you have violated this Agreement or engaged in fraudulent or illegal activities.
Effect of Termination: In the event of account termination, you must cease all use of the Platform immediately. Any ongoing transactions or interactions with other users or vendors must be resolved prior to termination. Any rights and permissions granted to you under this Agreement will cease upon termination.
No Liability: We shall not be liable to you or any third party for any termination of your account or access to the Platform's services, regardless of the reasons for such termination.
Appeals: If your account is terminated by us, you may submit a written appeal within a reasonable period for reevaluation. We will review your appeal and may reinstate your account at our discretion.
Survival: The sections of this Agreement that by their nature should survive termination, including but not limited to the Grant of Use and Restrictions, Disclaimer of Warranty, and Limitation of Liability, shall continue to remain in effect.
Notification: In the event of account termination, we will provide written notice to you at the email address associated with your account or through other means of communication available on the Platform. It is your responsibility to ensure that your contact information is accurate and up-to-date.
We reserve the right to modify or update this Agreement at any time. We will notify you of any material changes to this Agreement. Your continued use of the Platform after such modifications constitutes your acceptance of the updated terms.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Delaware. Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration or the courts of Delaware. This governing law applies to all users worldwide who access and use the Platform, regardless of their location or place of business. By using the Platform as a user, you agree to submit to the jurisdiction of the specified courts and to the resolution of disputes through arbitration in accordance with this Agreement.
In the event of any dispute or disagreement between you and the Platform regarding the use of the Platform, the parties shall first attempt to resolve the dispute through good-faith negotiations. If the dispute cannot be resolved through negotiations within a reasonable timeframe, both parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Salt Lake City, UT, and shall be conducted in the English language.
Both parties agree to waive any right to participate in a class-action lawsuit or class-wide arbitration. The arbitrator's decision shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
This dispute resolution clause is intended to ensure a prompt and efficient resolution of any disputes and to avoid lengthy and costly litigation. By accessing or using the Platform, you agree to be bound by this dispute resolution clause and waive any right to bring any claim against the Platform in any other forum, including a court of law, except as permitted under applicable laws or regulations.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement constitutes the entire agreement between you and us regarding the use of the Platform as a user, superseding any prior agreements or understandings. Any modifications or updates to this Agreement after the aforementioned date shall be communicated to you, and your continued use of the Platform after such modifications constitutes your acceptance of the updated terms.
By accessing and using our Platform as a user, you acknowledge that you have read, understood, and agreed to abide by these Terms and Conditions. This includes your acceptance of any applicable subscription fees, potential membership fees, and the obligation to honor any purchases or transactions made through the platform. Your use of the Platform constitutes your agreement to be bound by these terms.