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Terms of Service

effective date March 1, 2024

 

Acceptance of Terms

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Introduction

By using tradeu, you agree to comply with and be bound by these Terms of Service. If you do not agree to these Terms, you should not use the tradeu platform (the Service). If there is anything in the Terms of Service that you do not understand, please contact us so we can help.

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Privacy Policy Integration

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

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User Accounts

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User Eligibility

To ensure compliance with legal requirements and protect the safety and privacy of all users, tradeu enforces specific eligibility criteria for account creation. Individuals must be at least 13 years old to use the Service. However, if the laws of your country mandate a higher age for providing consent to data processing, users must meet that age requirement. This ensures that users possess the legal capacity to enter into agreements and consent to the processing of their personal data.

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Account Creation

Creating an account on tradeu is essential for accessing the full range of features and services offered by the platform. Users are required to register with accurate and complete information to facilitate smooth operation and effective communication. Additionally, users have the option to leverage third-party services approved by tradeu, such as Apple, Facebook, and Google, for convenient and seamless account creation and access.

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Account Responsibilities

Maintaining the security and accuracy of account information is paramount to safeguarding user privacy and preventing unauthorized access or misuse. Users bear the responsibility of ensuring the confidentiality of their account credentials, including usernames and passwords. Any changes to personal details must be promptly updated within the user's account settings to ensure accuracy and facilitate effective communication. Furthermore, users are encouraged to enhance account security by enabling two-factor authentication, thereby adding an extra layer of protection against unauthorized access. In the event of suspected compromise or unauthorized access to account credentials, users must take immediate action by changing their password to mitigate potential risks and protect the integrity of their account.

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Use of the Platform

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Permitted Use

tradeu is a platform designed for the lawful exchange of goods and services (specifically clothing, shoes, and accessories), facilitating transactions between buyers and sellers. Users are permitted to engage in buying, selling, and trading activities within the framework of applicable laws and regulations. Henceforth the term 'seller' will be used to refer to any user that has sold an item of theirs, either for a monetary value or in exchange for another item. The term 'buyer' will be used to refer to any user that has purchased an item from another user, either for a monetary value or in exchange for another item.

 

Authorized User Content

As part of their engagement with the platform, users may upload User Content, encompassing various forms of multimedia and textual materials, provided such content adheres to the standards outlined in our Terms of Service. This includes but is not limited to usernames, photos, descriptions, links, and other materials relevant to the selling and trading experience.

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Selling and Trading Guidelines

Users are strictly required to sell or trade items for which they possess the rightful ownership and title. It is imperative that sellers honour their commitments to other users and abide by the guidelines set forth in our Terms of Service and Policies. Sellers assume responsibility for ensuring that listed items are fit for their intended purpose, safe for use, legally compliant, and accurately represented in their listings. Any wear marks or defects must be transparently disclosed to potential buyers to facilitate informed purchasing decisions.

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Compliance Assurance

By adhering to these guidelines, users contribute to maintaining a trustworthy and compliant trading environment within the platform. This commitment to integrity and transparency fosters mutual trust between buyers and sellers, enhancing the overall user experience on tradeu. 

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Prohibited Use

tradeu is committed to maintaining a safe and secure environment for all users. To uphold these standards, the platform reserves the right to take appropriate action, including the removal of accounts suspected of engaging in malicious behavior. Users may not:

• Utilize the Service to upload User Content that is false, misleading, or violates our Terms of Service or Policies.

• Offer to sell items that users do not possess, a practice commonly referred to as dropshipping, unless they have personally designed such items.

• Engage in activities that modify, interfere with, intercept, disrupt, or hack the Service, including data mining, scraping, crawling, or the use of bots or third-party software.

• Test, circumvent, monitor, or breach the security measures of the Service, or introduce harmful material such as viruses, Trojans, worms, logic bombs, or any other malicious software.

• Use tradeu for illegal activities, harassment, infringement of intellectual property rights, or knowingly introduce content that could harm the Service or its users.

• Collect data from the Service in a manner that does not comply with the Terms of Service.

• Utilize materials and content from the Service for purposes other than those explicitly permitted in the Terms of Service.

• Transfer the right to use the Service to another person or engage in the sale, gift, or transfer of user accounts without prior authorization.

• Post commentary about another person without obtaining their permission or disclose private or confidential information relating to oneself or others.

• Engage in bullying, threatening, defaming, abusing, spamming, harassing, behaving inappropriately towards others, or violating the rights or interests of others.

• Support, praise, glorify, represent, or depict terrorist or extremist organizations, or known members of such organizations.

• Link to any third-party websites, apps, or platforms, or coordinate pricing with other sellers.

• Permit another person to use the Service under one's name or on one's behalf without authorization.

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Failure to Comply

 

At tradeu, adherence to our Terms of Service and Policies is paramount to maintaining a safe, fair, and trustworthy environment for all users. Failure to comply with these guidelines will be addressed with the utmost seriousness, and appropriate actions will be taken to address any breaches.

 

Consequences of Non-Compliance

In the event of non-compliance with our Terms of Service or Policies, tradeu reserves the right to implement the following measures:

 

Removal of User Content

User Content that violates our Terms of Service or Policies may be temporarily or permanently removed from the platform. This includes the removal of any items listed for sale or trade on the Service. We may refuse to post, moderate, reject, remove, or delete any User Content if we think that it breaches (or risks breaching) these Terms of Service or otherwise creates risks for us or our community. User Content removed from the Service may continue to be stored by us, including in order to comply with legal obligations, or where your User Content has been shared by others. 

 

Suspension or Termination of Account

We may terminate or suspend your Account (and any Accounts we determine are related to your account) and your access to or use of the Services, without notice, based on a risk or reasonable belief that you, your User Content, or your use of the Services violates or may violate the Terms of Service. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. This action may be taken to safeguard the integrity of the platform and protect the interests of our user community. As we do not guarantee the permanent availability of User Content, we encourage you to maintain your own backup of your User Content. You agree that you will not rely on the Service for the purposes of User Content backup or storage. 

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Legal Action

In cases of serious or repeated violations, tradeu reserves the right to take legal action against the offending party. This may involve pursuing civil remedies or initiating criminal proceedings to address the breach of our Terms of Service or Policies.

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Disclosure to Law Enforcement

In situations where we reasonably believe it is necessary to protect the interests of tradeu or our user community, or where we have a legal obligation to do so, we may disclose relevant information to law enforcement authorities. This includes sharing information pertinent to investigations or legal proceedings related to the non-compliant behavior.

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Comprehensive Enforcement

These measures are implemented with the aim of upholding the standards of conduct outlined in our Terms of Service and Policies, and to ensure the continued integrity and security of the tradeu platform. We take non-compliance seriously and are committed to fostering a positive and respectful environment for all users.

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Transactions

 

At tradeu, transactions are considered binding agreements between buyers and sellers. Sellers are obligated to fulfill paid orders promptly and accurately. To ensure a secure and streamlined payment process, all transactions must be conducted exclusively through tradeu.shop’s internal checkout system. Our payment system facilitates transactions using major credit or debit cards, Apple Pay, Google Pay, and PayPal. It's important to note that no other payment methods are permitted. Any attempt to request, make, or accept payment for an item outside of tradeu.shop is a serious violation of our Terms of Service and may result in immediate suspension or termination of access to the Service.

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Shipping and Taxes

If you are a buyer, unless otherwise required by law, you are responsible for any local customs charges, import taxes or duties or any similar charges. You must check whether any of these charges will become due, and if so in what amounts. If any charges do become due as a result of carriage and/or delivery of a shipment and are charged to us by any competent authority, you agree to reimburse us fully in respect of the same within 7 days of us asking you to do so. You are solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.

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Cancellations

Buyers have the option to cancel pending offers before they are accepted by the seller. However, once an order is made or an offer is accepted, cancellation requests are subject to approval or denial by the seller at their discretion. Once a shipping label has been purchased by the seller, the order cannot be cancelled. 

 

Shipping Labels

Sellers are responsible for packing and shipping items to the provided address within 5 days of a closed sale or trade.​ They agree to comply with all local and international delivery and custom regulations. To enhance the shipping process and provide additional security for both buyers and sellers, tradeu offers sellers the option to purchase shipping labels directly through our platform. These shipping labels provide package insurance and order tracking, giving users peace of mind throughout the shipping process. If additional charges imposed by the shipping carrier in relation to your item (for example, if the item weighs more than the maximum weight on the shipping label), sellers will be responsible for reimbursing tradeu for those fees.​

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Fund Holding and Release

To safeguard the interests of both buyers and sellers, funds from transactions are held by tradeu until certain conditions are met. Funds will be released only after the buyer confirms receipt of the item and verifies the absence of any issues. Alternatively, if no dispute is raised within 5 days of item receipt, funds will be released automatically. In cases where disputes arise regarding items not as described, buyers must raise the issue within 5 days of receiving the item to initiate resolution procedures. This fund holding and release process ensures transparency and fairness in all transactions conducted on the tradeu platform, fostering trust and confidence among our user community.

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Seller's Liability for Shipping

When a seller opts for untracked shipping, they assume full financial responsibility for any undelivered items. This means that if an item shipped without tracking fails to reach the buyer, the seller is liable for the loss. This policy encourages sellers to prioritize the use of tracked shipping methods to ensure the safe and reliable delivery of items to buyers. 

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Dispute Resolution

 

Any issues with orders need to be raised with us within 5 days of receipt via our contact page. tradeu will attempt to help you resolve disputes in good faith and based solely on our interpretation of our Policies, in our sole discretion. We will not make judgments regarding legal issues or claims. As a seller, you agree that tradeu may resolve a dispute or case on your behalf, which may include (but is not limited to) issuing a refund to the buyer and recouping funds from your scheduled payout amount.

 

In instances where an item received by the buyer does not match its description, and the buyer provides photographic evidence to substantiate their claim, the seller is held financially responsible and a refund also deducted from their scheduled payout. This ensures that buyers are protected in cases of misrepresentation or inaccuracies in product descriptions.

 

It's important to note that trades and transactions conducted outside of the tradeu platform are not covered by these buyer protection terms. Users raising disputes on traded items should be aware that resolution may result in receiving an equivalent monetary credit as settlement.

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Returns

 

At present, tradeu does not facilitate a return option for either disputed or undisputed orders. Therefore, users should exercise caution and due diligence when making purchasing decisions, as refunds or returns may not be available under normal circumstances. This policy underscores the importance of thoroughly reviewing product descriptions and seller policies before completing transactions.

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Seller Fees and Payouts

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Seller Fees

As part of our service, tradeu charges a platform fee equivalent to 9.5% of the total sales amount on all transactions. This fee will be deducted from sales revenue before they are released to the seller. Additionally, users may incur additional fees associated with payment processing via PayPal. These fees are applied to cover the costs associated with facilitating secure and efficient transactions on the platform. It's essential for users to consider these fees when calculating the overall costs and profitability of their transactions on tradeu.

Payouts

Users have the responsibility to include the correct PayPal account information in their Account details to receive their payouts. Payouts not received as a result of missing or incorrect information may result in a loss of that payout by the user.

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Breach of Terms

In the event that your access to the Service is suspended or terminated due to a breach of our terms, tradeu reserves the right to withhold any outstanding amounts that have not yet been paid out to you. These withheld amounts may be retained for a period of 180 days from the applicable transaction date. Alternatively, if required by law enforcement or in compliance with sanctions rules, a different period of withholding may be enforced. This measure is implemented to ensure accountability and deter future breaches of our terms, safeguarding the integrity of the tradeu platform.

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Intellectual Property

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Content Ownership

Users maintain full ownership rights to the content they post on tradeu. However, by uploading content onto the platform, users grant tradeu a non-exclusive license to utilize this content for platform-related purposes. This license enables tradeu to display, distribute, and promote user-generated content anywhere for the purposes of providing our Service or for any purpose in connection with the operation of our business, including for marketing purposes. You agree not to assert any moral rights or rights of publicity against us for using your User Content. Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy Policy.

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Prohibited Content

Users are strictly prohibited from posting content that infringes upon the intellectual property rights of others. This includes but is not limited to uploading photographs, images, text, music, or videos belonging to another individual without their explicit permission. Users must refrain from posting content that they do not own or sharing another person's content without their consent. tradeu reserves the right to reject pending listings or remove existing listings suspected of infringing upon the intellectual property rights of others. This proactive approach helps to maintain a fair and lawful trading environment while protecting the rights of content creators and intellectual property owners.

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Reporting Unauthorized Content

If you think that any content available through our Service infringes your rights or fails to comply with these Terms of Service or our Intellectual Property Policy, you can let us know by contacting us with the link to the listing in question and additional details to prove your case. We will take the action that we believe is appropriate depending on the nature of the report and will aim to respond to you within a reasonable period of time on the action we propose to take.

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Account Closures

 

You can request the deletion of your Account by raising a ticket with us here. If a request comes from someone who is not the account holder, we may ask you to provide proof of who you are and your relationship to the user in question. See our Privacy Policy for information on what happens to your data if you terminate your account. Closing your Account will not affect any outstanding payments you have with us.

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Changes or Limitations to the Service

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

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Modifications to Terms

 

tradeu retains the authority to amend these Terms of Service at its discretion. Any modifications to the terms will be effective immediately upon their publication on the platform. By continuing to use the tradeu platform following the implementation of such changes, users implicitly consent to the revised Terms of Service. It is the responsibility of users to regularly review the terms to stay informed about any updates or alterations. You will be able to see when the Terms of Service last changed by looking at the “effective date” at the top of this page.

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The current version of the Terms of Service and our Policies contain the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service or our Policies will no longer apply to our relationship and will be completely replaced by the current version. If a court or relevant authority finds part of the Terms of Service illegal, the rest will continue in force. Each of the paragraphs of the Terms of Service operate separately, so if any court or relevant authority decides that any of them are unlawful, the remaining paragraphs remain in full force and effect. If you do not comply with the Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future. The Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and tradeu.

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Governing Law

 

These Terms of service are governed by the laws of Ontario, Canada. In the event of any disputes arising from or related to these terms, users agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada. This ensures consistency and uniformity in the interpretation and enforcement of the terms across all users of the tradeu platform.