Terms of Services
Updated on : April-15-2019
Welcome to Ezsell. We request you to read the Terms of Service (here onward “Agreement”) with care. Using the Ezsell marketplace service denotes you agree to this agreement.
This “Terms of Service” agreement is between Ezsell (“we”, “us”, “company”) and you. This agreement binds your access and use of the Ezsell app (as well as any successor app for Ezsell) and the Ezsell website presently located at www.ezsell.co (here onward “site” or “website”). This agreement permeates both the app and the site and any other associated material is made available through either of the said offerings. Incorporated by further reference in this agreement are any or any set of additional terms and conditions made available to users through our services or by the company.
Using the Ezsell service affirms that you are at least 18 years (or whichever is the accepted legal age in your state). In case you are not of legal age, your use of the app affirms that you have obtained parental (or guardian) consent to enter the agreement. Such consent also indicates that your guardian(s) or parent(s) has agreed to bear liability for your conduct and acts.
Incorporated in this agreement is a mandatory provision for arbitration, which as further highlighted in section xyz below, mandates the use of arbitration for dispute resolution on an individual basis instead of class actions, jury, trials, and court proceedings.
This agreement is subject to intermittent change. Changes made to this agreement can be communicated to you through one or more reasonable means including updates to the agreement itself. Any and all such changes will not apply to disputes between us and yourself before the date on which the revised agreement is posted or you were otherwise notified of the changes.
Continuing use of our service after such changes have been made implies you are in agreement with the changes that were made to the agreement. You will come to know of when the agreement was updated in the “Last Updated” index above or below the agreement. At any time of our choosing, we may, without any liability and at our sole discretion, modify or discontinue the Service partly or wholly; waive, modify or change the fee charged to use the our marketplace service; or provide some or all service users (sellers and/or buyers) with opportunities as deemed necessary by the company.
- Information Sent Via The Service
- Issues Concerning Jurisdiction
Both the operation and control of the company are executed from within the United States and it is not the intention of the company to be subject to non-U.S. laws and jurisdiction, unless the service is made available for use inside non-U.S territories or countries. You use the service at your own risk and you must stay compliant with applicable laws and regulations at all times while using the service. The company may place limits on the scope and availability of the service either or an entity or for users of the service at large, in part or its entirety in one or more geographical locations or jurisdictions as deemed suitable.
- Product Listings
The Ezsell service comes inclusive of a forum that users may use to browse and post listings of goods. These listings include second-hand goods or “products”. The company wishes to make it expressly clear that these listings and products are provided by the users of the app and not by us. We do not purchase or acquire any products. We are also not facilitator of any sale, neither do we transfer or purchase products.
Ezsell does no beat responsibility or liability for any product or listing including the shipping or delivery of products. The company is also not accountable for transfers and transactions involving the products, which includes the shipping and delivery of products as well as payments for products as well as for any disputes between the users related to the product. We highly advise our users to use common sense and caution when selling, buying or transferring products and when receiving or sending payments for products.
The company is not affiliated to any product or provider. Through our service, we make available products and product listings as well as run from time to time promotional services that help product sellers amplify the reach of their listings. Neither of these things imply that the company is in any way linked, associated, or affiliated with such providers. These pieces of information and the availability of products can change without any notice.
You must agree to obey all laws and have the permission and authority to post product listings and enter transactions. You should also have the sole authority to make product-related transfers. This includes consent of guardian and parent for those who are not of legal age. The company reserves the right to act in its sole discretion to remove listings of any product for any reason.
Before posting product listings, you are expected to ascertain that you have all necessary permissions and authority to post the product listing, enter transactions and execute transactions that may lead to a product transfer, including guardian or parent consent if you are not of legal age, which is 18 in most states.
For users of the service that choose to populate their listings using the “garage sales” feature in the EZSell app, the company reserves the right to promote their address of registration or any other address chosen as the address of the sale, to other users of the app. Such promotion of a physical address is deemed as a necessary and non-negotiable facet in the facilitation of the garage sale procedure and does not in any way wish to violate the physical privacy of app users. In case such an unlikely and unfortunate incident transpires, you indemnify the Company of any damages including, but not exclusive to physical damage and loss of private information.
4.1 Shippo Specific Terms
For shipping assignments sent through the app, EZSell partners with Shippo to facilitate shipping and shipments. All such shipments are, thereby, subject to the independent Shippo Terms of Services. We encourage our users to read through the Shippo Terms and follow them carefully when placing orders when shipping via the app. In case any shipping-related terms mentioned in the Shippo Terms come in conflict with the terms mentioned in this document, the former shall be considered abiding.
4.2 Payment Service Provider
The App’s payment processing services are provided by Stripe, and, where applicable, may include money transmission services pursuant to licenses held by Stripe. Payment processing services provided by Stripe are subject to the Stripe Connected Account Agreement , which includes the Stripe Services Agreement . By agreeing to these terms or operating as a Seller through our Site, you agree to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of EZSell enabling payment processing services through Stripe, you agree to provide EZSell accurate and complete information about you and your business, and you authorize EZSell to share with Stripe this information and transaction information related to your use of the payment processing services by Stripe.
Our PSP accepts the following payment methods: American Express, Discover, MasterCard, and Visa
- Guidelines Governing Community Participation
You agree that you will behave responsibly within the community and comply
With any applicable law. Any conduct that is prohibited by applicable law is also prohibited within the Ezsell community.
- User Names, Passwords & Registration
- Forums and Profiles
Visitors of or service can make available to the public certain “submissions” including listings for products on profile pages and on the interactive services of Ezsell like forums, message boards, commenting, chatting or other messaging functionality. If the Submissions are misused or distributed with unbecoming intentions, the company has no control over it and does not own any responsibility for such occurrences. If you choose to make public your personally identifiable or any other information, you do so solely at your individual capacity, discretion and risk.
The ownership of your submissions rests with you. For every such submission that you make, you grant to us a fully paid-up, royalty free, non-exclusive, irrevocable, perpetual, sublicensable, transferable license. Such license will be without any additional consideration made to you or any third party to distribute, perform, reproduce, and display (either publicly or in other ways), modify, adapt, create derivative works of and use, exploit and analyze such submissions in media or format types hereafter known or developed for one or more purposes, which may include testimonials as well.
In addition to these, if you provide to us any ‘Feedback” in the form of suggestions, proposals and ideas, the company will treat such Feedback as a submission. You agree and acknowledge that such feedback is not to be treated as confidential. The supply of such feedback is unsolicited, restriction-free and does not place the company under any fiduciary or other obligations.
You issue both warranty and representation that you are the sole owner of necessary rights for granting licenses in the section. Thereof, you imply that any of your Submissions in connection or through the Service are not fraudulent, accurate, complete and not in violation of applicable laws or third parties. Further, you waive off all “moral” and other rights in regards to the attribution of integrity or authorship of the materials which form the part of Submissions that you might bear under any legal theory or applicable law.
Monitoring, evaluation, alteration or removal of submissions are not obligations of Ezsell. However, Ezsell might, at its own accord, choose to carry out one or a combination of these. The company might choose to disclose access and usage-specific information, while the purpose and reason that surround these usage and access divulges fall under our sole discretion.
- Limited Rights
The licensing of the app is for end users. Please note that once you agree to comply with this agreement, so long as the company permits your usage of the app, we’ll hereby grant you a limited, non-exclusive, non-transferable, revocable, non-sublicensable permission to use the app for non-commercial, personal use on a mobile device owned or controlled by you. In the event of your failure to comply with any of these mentioned terms and conditions, you must:
(i) stop using the app immediately
(ii) uninstall and delete the app from your mobile device
(iii) stop using the app unless you get express permission from the company to reuse it
Apart from these, in the event of non-acceptance of the permissions that the app seeks from you from time to time, use of the app of certain functionalities of the app might cease for you. You also agree to bear the sole responsibility to maintain, obtain and pay for all telecommunications and hardware along with any other service that might be necessary to use the app.
Additionally, once you comply with this agreement, and only for as long as you are permitted to use this website, you may view any one copy of a portion of this site to which you have permission under this Agreement on an individual device completely for your personal and non-commercial use.
- Proprietary Rights of the Company
Ezsell along with its suppliers are the owners of the Service. The Service is protected by proprietary laws and rights. The Company’s trade names, trademarks and marks of srevice include EZSELL and all associated logos and brand identity collaterals. Every trademark, trade name, logos and service marks on the service that are not expressly our properties are the property of their respective owners.
You must not use the trade names, service marks, logos and trademarks pertaining to any service or product that does not belong to us, in any manner, whether real or perceived that might be the cause of confusion. Nothing that is included in the service should be considered to qualify as granting rights to use trademarks, trade names, logos or service marks without the express, written and prior consent of the present or future owner(s).
- Links & Third Party Materials
Some service functionalities may grant the availability of access to products, services, information and additional materials which are made available by third parties, who may or may not be the express owners of said materials. Such submissions and materials qualify as “Third Party Materials” and make allowances for transmission re-routing of any third party transmissions through different ways including through links.
Ezsell neither endorses nor controls, nor endorses any third party materials. No part of this Agreement is representative of a warranty by the Company which is respective of any third party Materials. We are in no way obliged to monitor such Third party Materials through our Service at any given point of time. Moreover, the availability of Third Party Material through the Ezsell Service does not imply that we endorse or are affiliated with such materials or the suppliers/owners of such materials.
You use Third party materials at your own risk. Use of such materials is subject to all additional terms and conditions applicable to such third party materials (including the privacy policies and terms and conditions of the providers of the third party materials).
To the maximum degree and as permitted by applicable laws:
- The Ezsell Service as well as third party materials are made available on a “where is”, “as is” and “wherever available” model. the availability is free from warranties of any kind from the company, be it statutory, express or even implied.
- All warranties pertaining to the Service are disclaimed by the Company and any third party material or products including warranties of fitness and merchantability for specific purposes, title and non-infringement. Disclaimers of all kinds (including the ones mentioned in this section and at other places in the Agreement) have been created for the benefit of the Company, its shareholders, affiliates, directors, employees, officers, representatives, agents, licensors, service providers and suppliers. Collectively, these form the “Affiliated Entities”. These benefits pass down to the respective successors and assigns of the Affiliated Entities.
We make every attempt to maintain the security, integrity and timeliness of Service. But we do not guarantee that the Service will continue to stay wholesome, updated, secure or accurate or uninterrupted at all points in time. It is possible that the Service will come with errors, inaccuracies and certain materials in conflict with this Agreement. In addition, third parties can also make alterations to the service that are unauthorized. If you gain cognizance of any such alterations brought about by third parties, reach out to us at email@example.com. When you write to us, please describe the nature of such alteration as well as the location of the alteration on the service.
- Limited Liability
To the maximum degree and as permitted by applicable laws:
- The company will not be liable for any incidental, indirect, consequential, special, punitive, exemplary damages of any manner, under contract or otherwise. This includes damages against profit loss, data or use, loss of intangibles, loss of submissions security (inclusive of unauthorized third-party intervention of submissions), even when informed in advance of such loss or damage possibilities.
- If the foregoing is not limited, the Company will not bear any liability for any damages resulting from the use or inability to use the Service from any transactions or products or transfers expressly related to products, or as such, any other third party materials which may include virus which might be transmitted through such connections, including a dispute with one or more other users of the Service.
- For all cases of dissatisfaction, you have the sole and abiding remedy of stopping use of the Service.
- The maximum amount of aggregate liability on the part of the company for all cases of damage and losses whether inflicted in tort (even through negligence) or in contract or otherwise, has to be the greater of the two values (a) the total amount of money (if at all) paid by you, the user, to the company for use of the Service and (b) Twenty-Five U.S. Dollars ($25). Thereafter, every limitation of liability of any kind (including the ones mentioned in this section as well as at other places in this agreement) is and will be made for the benefit of the company and the entities affiliated with it as well as their respective successors and assigns.
As permitted under applicable law and to the largest extent possible, you agree that you will indemnify, defend, and hold innocent and harmless the company and the affiliated entities along with their respective successors and assigns against and from all liabilities, claims, judgments, damages, costs, losses, awards, fees and expenses (including legal/attorney fees) incurred from (a) your use of the Service or your activities while using the service, (b) any product or product listing or transaction or transfers related to products, or disputes with other users of the Service and finally (c) any violation of the terms mentioned in this agreement
The validity of this agreement is effective unless expressly terminated by the Company. The company may suspend or terminate your ability to use the service at any time and without issuing a prior notice including events where the company believes that you have not acted within, violated or been inconsistent with the spirit and letter of this agreement.
In the event of any such suspension or termination, you will immediately lose your right to use the service. In addition, the company reserves the right to, without liability to any third party or to you, revoke access from any of your associated devices from using the Service and deactivate and delete your password, username and account along with all other associated materials in the absence of obligations of any manner to provide access (whether limited or exclusive) to any such material. The sections 2, 3, 9, 12, 13 and 15-25 shall be effective even past the expiration or termination of this agreement.
- Arbitration & Governing Law
The laws of the United States including the FEDERAL ARBITRATION LAW and that of the state of New Jersey govern the terms mentioned in this Agreement. These will be the governing laws for arbitration irrespective of the principles of conflict and your location. The only exceptions are disputes, the resolution of which rest with the small claims court. All other disputes relating to this, or arising out of this document or any other facet of connections between the Company and you, whether based on statute, tort, contract, misrepresentation, fraud, or other legal theories will be resolved through arbitration that will be considered binding and final by neutral arbitrator instead of judges or courts or juries and you are in agreement that both you and the company are waiving each other the right to trial by a court or jury.
Except as written below regarding the class action waiver, such disputes are to include without any shred of limitation, disputes that relate to, or arise out of the interpretation of application of the arbitration provision, which include the validity, revocability, enforceability, of the arbitration portion in whole or a part of the arbitration provision. All matters pertaining to these must be decided by an independently disposed arbitrator and not by a judge or court. However, as we have highlighted below, the arbitration requirement that precedes might not be applicable to disputes to the extent that relates to its application or interpretation of the class action waiver including the validity, revocability or enforceability.
You are in agreement that all arbitration within the scope of this agreement will occur on a solely individual basis. Any class action or class arbitration is not permitted under the scope of this agreement and you expressly agree that you will not participate or give up your ability to participate in any such initiative against the Company.
Irrespective of anything that suggests otherwise in this Section or any other part of this Agreement, or in the norms of the American Arbitration Association’s Consumer Arbitration rules, all disputes that pertain to the validity, revocability, enforceability of any foregoing waivers of class action may only be resolved by civil courts with the power of competent jurisdiction and not by any arbitrator.
In all cases where disputes are filed as collective, class or representative action, and there is some sort of finality that the class action (or a part of it) is not enforceable, then the representative, collective or class action, insofar, must undergo litigation in a civil court that has competitive jurisdiction. Even then, the enforceable portion of the said class action waiver shall and must be enforced during arbitration.
The administration of the arbitration will be done by the American Arbitration Association under its effective Consumer Arbitration Rules, as intermittently amended or highlighted by this Agreement. These Consumer Arbitration Rules are made available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. All hearings that will be conducted by the arbitrator will be through video or teleconferencing, unless the arbitrator decides that an in-person hearing is essential for the meeting. All in-person appearances must be held at mutually convenient locations for both parties and with reasonable consideration of their travelling ability and all other applicable pertinent situations.
In case the parties do not arrive at an agreement about the location, such determination will have to be made by the arbitrator or the AAA. The decision of the arbitrator will be in adherence to the terms mentioned in this Agreement and will be considered binding and final. Alongside, the arbitrator shall have the authority to grant relief on a permanent injunctive or interim basis, also providing for specific relief for this agreement. However, the extent of such relief will be warranted by individual claims in front of the arbitrator. If there is an award rendered by an arbitrator, it can be enforced and confirmed by any court with any jurisdiction. Regardless of anything else suggested by the foregoing, nothing that is included in this Agreement will constitute reasons to prevent you from elevating issues to state, local or federal agencies. If allowed by the law, they can seek relief for you or against us.
We would like to notify all concerned that protections for parental control (like software, computer hardware, filtering services) may be made commercially available at some point in time in the future. These features include limiting access to any material that is deemed harmful for minors. You can review information identifying current providers of such protections online: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. The Company is only sharing this by means of information and does not endorse any product or service listed on the site.
- Complaints & Information
For all complaints and questions, please e-mail to firstname.lastname@example.org. You can also reach out to us by writing to 2025 Lincoln Hwy STE 110, Edison, NJ 08817, USA. Please be informed that not all email communications are necessarily secure. In accordance with that information, you should take caution against sending confidential information like credit card or other bank account related information.
Residents of the state of California can reach the Complaint Assistance Unit in the Division of Consumer Services of the California Department of Consumer Affairs. The mailing address of the California Department of Consumer Affairs is 1625 North Market Blvd., Sacramento, CA 95834. You can also reach the department by telephone at (800) 952-5210 or (916) 445-1254.
- Claims Of Copyright Infringement
The U.S. copyright law protects the rights of copyright owners in the U.S. The DMCA (Digital Millennium Copyright Act) shares recourse for those who believe that some material appearing on the Internet infringes upon their rights. If you see some material on the Service that you feel, in good faith, infringes upon your copyright, please send the company a written notice by fax or email with a request that the Company block access or remove such material from the website.
DMCA also gives you the permission to send the company a counter-notice if you believe in good faith that someone might have wrongly filed a copyright infringement case against you. All counter-notices and notices must be in adherence with the current statutory requirements of the DMCA. Additional details on this are available on http://www.copyright.gov/.
We strongly suggest that you consult a legal advisor before filing a notice or counter-notice with the DMCA.
- Export Controls
It is your sole responsibility to comply with the United States export controls. This includes any violation of controls including any federal or United States embargoes and regulations restricting exports. You agree and warrant that you are not located in, a resident or currently residing in a nation or country that is subject to either a U.S government embargo or some other kind of sanction, or been designated as a “terrorist supporting” nation by the United States or a part of any of the government lists of end users with restrictions.
No part of this Agreement shall be construed to or be surmised as a joint venture, partnership, agency, franchisor-franchisee, employer-employee between the Company and yourself. In case any part of this Agreement is in violation of applicable law, or void for reasons unenforceable, such provision will be deemed severed from the Agreement, without affecting any other provision or part of the agreement. You might not transfer, sublicense or assign any of your obligations or rights under this Agreement without any restriction. Waivers issued by either party breach or default under this Agreement will be considered as a waiver of any subsequent or preceding default or breach. All captions, section titles and headings included herein are for the sole purpose of convenience and are in no manner explanatory of the provision or section. Every term used in the singular have the same connotation when they are used in the plural unless expressly specified as otherwise. Wherever the terms “inclusive of” or “including” are used, it shall be construed that they are followed by the additional term “without limitation.” This Agreement and all terms and conditions incorporated within the terms and conditions included within this, constitutes the entire agreement between the Company and you and relates to the subject matter included within and extends beyond all other understandings and agreements either contemporary or incumbent between the Company and you in relation to matters on the same subjects. Notices sent by the Company to you (including but without limitation to notices of changes introduced in this Agreement) can be issued through postings in the Service or through emails (which include relevant links to said changes) or through regular mail. Without any incumbent or contemporary limitation, a version of this Agreement in print and of all notices shared in electronic form shall be considered admissible and valid in administrative or judicial proceedings based upon or in relation to this Agreement. The company will not take any responsibility as far as failing to fulfill an obligation arising out of a cause beyond the control of the company.
- Terms Specific to Apple
Besides your agreement to the terms and conditions mentioned above, and irrespective of anything on the contrary from here on, here is a set of provisions that bind your usage of a version of the app that’s compatible with the iOS operating system from Apple, Inc. or “Apple”. Apple is not a partaker in this agreement. It neither owns the app, nor is responsible for features/changes in the app. Apple does not provide a warranty for the app, unless, wherever applicable, to refund the price paid for the app. Maintenance or other support services for the app is not the responsibility of Apple. Apple shall also not be responsible for other losses, claims, liabilities, costs, damages, or expenses relating to the app. This extends to the events where the app is found to be in non-conformity with any applicable regulatory or legal requirements or claims arising under similar legislation or consumer protection as well as claims that are related to infringement of intellectual property. If there are any complaints, suggestions or information related to the use of the app, including the ones related to intellectual property rights, those must be sent over directly to the company in accordance to the procedure highlighted in the Complaints section above. The license granted to you within this Agreement is limited to being a non-transferable license to use the app on a product with Apple branding, run on the Apple operating system and controlled or owned by you, or as laid out in the rules of usage in the Terms of Services of Apple’s App Store. Apple (or subsidiaries of Apple) are/might be third-party beneficiaries in this Agreement and once you are in acceptance of the terms and conditions in the Agreement, will bear the right to enforce the Agreement against the user as an independent third-party beneficiary; notwithstanding any of the foregoing, the Company’s right to enter, rescind or terminate any variation, settlement or waiver mentioned under this Agreement is also not subject to the consent of any third party.