PLEASE READ THESE TERMS CAREFULLY. BY USING THE FINDS APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. 1. WHAT ARE THESE TERMS AND CONDITIONS?
1.1 We operate a second-hand online fashion marketplace which allows for the sale and purchase of products between Users by the publication of video and live stream listings via the App (as defined below).
1.2 These terms and conditions set out the relationship between you as the User of the App (“User”, “your” and “you”) and us and the terms on which you may access and use the App, including any content, functionality, and services offered on or through the App (the “Terms”).
1.3 The App is operated by Finds World Limited, a company incorporated and registered in England and Wales under company number 09806516 whose registered office is at 86 Langthorne Street, London, United Kingdom, SW6 6JX (“we, us and our”).
2.1 In these Terms, the following words and expressions shall have the following meanings:
- “App”: the FINDS mobile application software, the data supplied with the software and any updates or supplements to it, together with the website at https://finds.world and any other associated social networking platforms and/or profiles published by us from time to time.
- “Basket”: the virtual shopping basket associated with your account on the App which contains Goods selected by you for purchase.
- “Content Standards”: the rules and conditions applicable to uploaded material as further set out at clause 14.
- “Customer”: any User who purchases Goods via the App.
- “Goods”: the clothes and accessories offered for sale by a Seller from time to time.
- “Listings”: a summary of Goods containing without limitation an image of the product (or a similar product), a description of the product, a statement of the price of the product [and an estimated delivery date].
- “Order”: a request for Goods placed by a User upon payment for such Goods.
- “Seller”: a User who is the manufacturer, distributor and/or original retailer of any Goods promoted and published by us through the App who contracts directly with Customers for the purchase of such Goods and processes Orders accordingly.
3. BY USING THE APP YOU ACCEPT THESE TERMS 3.1 By using the App, you confirm that you accept these Terms without amendment and that you agree to comply with them. 3.2 If you do not agree to these Terms, you must not use the App. 4. THERE ARE OTHER TERMS WHICH MAY APPLY TO YOU These Terms refer to the following additional documents, which also apply to your use of the App:
5. WE MAY MAKE CHANGES TO THESE TERMS
We amend these Terms from time to time. Every time you wish to use the App, please check these Terms to ensure you understand the terms that apply at that time.
6. WE MAY MAKE CHANGES TO THE APP
We may update and change the App from time to time to reflect changes to our Users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
7. WE MAY SUSPEND OR WITHDRAW THE APP
7.1 The App is made available free of charge.
7.2 We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
7.3 You are also responsible for ensuring that all persons who access the App through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
8. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
8.1 If you choose, or you are provided with, a User identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
8.2 We have the right to disable any User identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
8.3 If you know or suspect that anyone other than you knows your User identification code or password, you must promptly notify us at email@example.com.
9. HOW YOU MAY USE MATERIAL ON THE APP
9.1 You acknowledge that all content, software, images, text, graphics, icons, illustrations, logos, patents, trade marks, copyrights, service names and all other intellectual property related to the App are either owned or licensed by us. All such intellectual property is protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 You must not use any part of the content on the App for commercial purposes without obtaining a licence to do so from us or our licensors.
10. ORDERING THROUGH THE APP
10.1 The App will allow you to browse through Listings and add items you wish to purchase to your Basket. You can view your Basket and delete items from your Basket at any time prior to payment.
10.2 Once you have finalised your Basket, you may select the “Checkout” button at the bottom of your Basket. The App is integrated with apis from of a secure payment provider called Stripe. You will be asked to enter your credit or debit card details which are collected and processed by Stripe and are not provided to the Seller or us. Please note that where you pay using a credit card, we may charge a non-refundable administration fee of 1.75% to your Order.
10.3 Your Order will be placed once your payment has completed, at which point you will receive an order confirmation email from us indicating that your Order has been accepted and a contract will be formed between you and the Seller.
10.4 By placing an Order on the App, you acknowledge that we act solely as an intermediary between you and the Seller to market and promote Goods and allow you to place Orders for such Goods using the App. At no point does a contract form between you and us for the sale or purchase of Goods.
11.1 The costs of delivery for Goods will be displayed on the particular Listing for those Goods and are charged separately from the price of the Goods. We aim to maintain delivery rates in accordance with the Royal Mail’s rates from time to time and offer guidance to Sellers on the amount they charge for delivery, however ultimately the delivery options and charges applicable to Orders are at the sole discretion of the Seller.
11.2 Sellers rely on third parties to provide delivery services. Where delivery is delayed due to any third party delivery service provider, the Seller will not be liable. Further, the Seller will not be liable for delays to delivery due to an event outside their control. In these circumstances, you may contact the Seller to cancel the contract and receive a refund for any Goods you have paid for but not received.
11.3 Where Goods are shipped to an address outside of the EU (or where the Seller is located outside of the EU), import duties and charges may be applied to the Goods. These costs are payable by you as part of the delivery charge and are not included in the cost of the Goods.
12.1 Each Seller is responsible for setting out their own refund and cancellations policies. If you would like to cancel your Order for any reason, you must contact the Seller with whom you placed your Order directly.
12.2 You must not return the Goods to us as we are not able to process returns or issue refunds on behalf of the Seller.
12.3 You acknowledge that you are solely responsible for Goods returned to the Seller and accordingly nor we or the Seller shall be liable for any lost or damaged Goods. You are advised to retain a proof of postage certificate for any Goods returned.
13. ACCEPTABLE USE POLICY
13.1 The terms of clause 14 to 19 inclusive and this clause 13 together set out the content standards you must comply with when you download and use the App, make use of a feature that allows you to upload content, make contact or content with other Users, link to the App, or interact with the App in any other way (the “Acceptable Use Policy”).
13.2 You warrant that any such contribution does comply with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
13.3 Any content you upload to the App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other Users of the App a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in clause 21.
13.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the App constitutes a variation of their intellectual property rights, or of their right to privacy in accordance with our infringing content policy at clause 23.
13.5 We have the right to remove any posting you make on the App if, in our opinion, your post does not comply with our Acceptable Use Policy.
13.6 You are solely responsible for securing and backing up your content.
13.7 You may not use the App:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to bully, insult, intimidate or humiliate any person;
- to send spam, junk or repetitive messages to any other User of the App;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (as defined below) set out in clause 14;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
- to upload terrorist content; or
- where we have suspended or banned you from using it.
13.8 You must not:
- use the App in any lawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses or harmful data, into the App or any operating system;
- infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these terms);
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
- use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
- collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App; or
- give any false or misleading information, whether in your account details or in relation to any Goods sold by you as a Seller.
13.9 We may provide interactive services on the App including, without limitation, video and live-stream facilities and instant messaging (the “Interactive Services”).
13.10 Where we provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
13.11 We will do our best to assess any possible risks for Users (and in particular, for children) from third parties when they use any interactive service provided on the App, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the App, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a User in contravention of our content standards, whether the service is moderated or not.
13.12 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
13.13 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
14. CONTENT STANDARDS
14.1 These content standards apply to any and all material which you contribute to the App (“Contribution”), and to any Interactive Services associated with it.
14.2 The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
14.3 We will determine, in our sole discretion, whether a Contribution breaches the Content Standards.
14.4 A Contribution must:
- be accurate (where it states facts);
- be genuinely held (where it states opinions); and
- comply with the law applicable in England and Wales and in any country from which it is posted.
14.5 A Contribution must not:
- be defamatory of any person;
- be obscene, offensive, hateful or inflammatory;
- bully, insult, intimidate or humiliate;
- promote sexually explicit material;
- include child sexual abuse material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal content or activity;
- be in contempt of court;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- impersonate any person or misrepresent your identity or affiliation with any person;
- give the impression that the Contribution emanates from us, if this is not the case;
- advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or misuse;
- contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
- contain any advertising or promote any services or web links to other sites or applications.
14.6 For the avoidance of doubt, for any Contribution in the form of video content:
(a) you must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material);
(b) you must not upload a video containing harmful material;
(c) you must not upload a video containing advertising for any of the following:
- cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
- for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol,
(d) any advertising included in a video you upload must not:
- prejudice respect for human dignity;
- include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
- encourage behaviour prejudicial to health or safety;
- encourage behaviour grossly prejudicial to the protection of the environment;
- cause physical, mental or moral detriment to persons under the age of 18;
- directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
- directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
- exploit the trust of such persons in parents, teachers or others; or
- unreasonably show such persons in dangerous situations.
(e) you must use the functionality provided on the App to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.
14.7 Where a dispute arises between you and us in relation to:
(a) our implementation of measures in relation to our Interactive Services; or
(b) a decision by us to take, or not to take, any such measure,
notwithstanding your rights to bring a civil claim against us, please contact us by email at firstname.lastname@example.org in the first instance so that we may attempt to resolve your dispute with us informally.
15. BREACH OF ACCEPTABLE USE POLICY
15.1 When we consider that a breach of our Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
15.2 Failure to comply with our Acceptable Use Policy constitutes a material breach of these Terms upon which you are permitted to use our App and may result in our taking all or any of the following actions:
(a) immediate, temporary or permanent withdrawal of your right to use the App;
(b) immediate, temporary or permanent removal of any Contribution uploaded by you to the App;
(c) issue of a warning to you;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) further legal action against you; or
(f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
15.3 We exclude our liability for all action we may take in response to breaches of Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
16. DO NOT RELY ON INFORMATION ON THE APP
16.1 The content on the App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our App.
16.2 Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether express or implied, that the content on our App is accurate, complete or up to date.
17. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
18. USER-GENERATED CONTENT IS NOT APPROVED BY US
The App may include information and materials uploaded by other Users of the App, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other Users on the App do not represent our views or values.
19. HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
If you wish to complain about content uploaded by other Users, please contact us on email@example.com.
20. HOW WE MAY USE YOUR PERSONAL INFORMATION
21. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to the App, you grant us the following rights to use that content:
- a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that User-generated content in connection with the service provided by the App and across different media including to promote the App and/or its service, to expire when the User deletes the content from the App; and
- a worldwide, non-exclusive, royalty-free, transferable licence for other Users, partners or advertisers to use the content in accordance with the functionality of the App, to expire when the User deletes the content from the App.
22. RULES ABOUT LINKING TO THE APP
22.1 You may link to the home page of the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
22.2 You must not establish a link to the App in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
22.3 You must not establish a link to the App in any website, mobile application or other platform that is not owned by you.
22.4 The App must not be framed on any website, mobile application or other platform nor may you create a link to any part of the App other than the home page.
22.5 We reserve the right to withdraw linking permission without notice.
22.6 The website, mobile application or other platform in which you are linking must comply in all respects with the content standards set out in the Acceptable Use Policy.
22.7 If you wish to link to or make any use of content on the App other than that set out above, please contact firstname.lastname@example.org.
23. INFRINGING CONTENT POLICY
23.1 If you are concerned that any content published on the App does not meet the Content Standards, the rules of our Acceptable Use Policy or you believe any content infringes your intellectual property rights, please contact us in writing to 86 Langthorne Street, London, United Kingdom, SW6 6JX or by email at email@example.com with the following information:
(a) your contact details (including full name, postal address, telephone contact number and email address);
(b) a copy of or link to the URL where you found the material;
(c) a statement containing as much detail as possible in relation to the material and why you believe it infringes your rights and/or does not comply with the Content Standards or Acceptable Use Policy; and
(d) where you believe your rights have been infringed, proof that you are the holder of such rights or an authorised representative.
23.2 Upon receipt of notification, the following procedure will take place:
(a) We will aim to acknowledge receipt of your notification by email within 2 working days and will make an initial assessment of the complaint.
(b) Upon receipt of a valid complaint the material will be temporarily removed from the App, pending investigation.
(c) We will contact the User who provided the material, if relevant. The User will be notified that the material is subject to a complaint, under what grounds and will be encouraged to address the complaints concerned.
(d) We will try to resolve the issue swiftly and amicably to the satisfaction of all parties with the following possible outcomes:
- the material will be reinstated onto the App unchanged;
- the material will be reinstated onto the App with changes; or
- the material will be permanently removed from the App.
(e) We will notify you of the outcome of the investigation as soon as reasonably possible.
24. EXCLUSION OF WARRANTY AND LIMITATION OF LIABILITY
24.1 We provide the App “as is” and all warranties, conditions and other terms implied by statute or common law are excluded to the maximum extent permissible by applicable laws, including any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement under the Sale of Goods Act 1979.
24.2 We do not warrant or represent that the App (or the information, material or services supplied or licensed to us on which all or part of the App depends) will be delivered free of any inaccuracies, interruptions, delays, omissions or errors (“Faults”) or that all Faults will be corrected. We shall not be liable for any loss, damage or cost resulting from any such Faults.
24.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
24.4 Please note that we only provide the App for domestic and private use. You agree not to use the App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
24.5 If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
24.6 We are not the seller of any Goods offered for sale via the App and have no liability for any act or omission of any Seller, any defective Goods sold via the App and/or any other matter relating to the sale and purchase of Goods by Users.
25.1 Please note that these Terms and any dispute or claim arising out of or in connection with them or their subject matter and formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
25.2 You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland.