Date of Last Revision: 10 July 2022
Selsom Technologies Private Limited (as applicable, “FreeUp,” “Company”, “we,” “us,” and/or “our”) provides its services (described below) to you through its mobile applications and other software made available by FreeUp and its websites located atwww.freeupapp.com (collectively, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, these”Terms”). We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice.You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound and print a copy of these Terms for your records. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these terms were last revised. We may also notify you, either through the Services user interface, in an emailnotification or through other reasonable means. Any such changes will become effective for existing users no earlier than ten (10) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHERIMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THEAGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOUHAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF ORCLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS IN ACCORDANCE WITH THEINSTRUCTIONS PROVIDED BY FREEUP. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND FREEUP. IF YOU DO NOT ACCEPT THESE TERMS, YOU CANNOTUSE THE SERVICE.
The Terms include, and incorporate by reference, the following policies: the FreeUp Privacy Policy and the Fee Policy.
ACCESS AND USE OF THE SERVICE
Services Description: The Service is a technology platform that provides an online social marketplace in which consumers and boutiques can list and sell their fashion/home/unique items (“Items”), and buyers can browse and purchase Items. Users who purchase Items through the Service are “Buyers,” and users who list and sell Items through the Service are “Sellers.” A user may be both aBuyer and Seller. All purchases are made directly (and any contract for purchase and sale is) between the Buyer and Seller; FreeUp is not a traditional auctioneer, nor is it a FreeUp may facilitate storage, dispatch, and pricing assistance for certain sellers that wish to sell multiple goods in bulk in return for a fee. The Service includes pricing and listing assistance and shipping, but not buying or selling. We may also help facilitate the resolution of disputes between our Buyers andSellers, but, FreeUp has no control over and does not guarantee (a) the existence, quality, safety, authenticity, or legality of Itemsadvertised on the Service; (b) the truth or accuracy of Sellers’ content or listings on the Service; (c) the ability of Sellers to sell Items through the Service and ship Items within required shipping windows; (d) the ability of Buyers to pay for Items purchased through the Service; or (e) that a Buyer or Seller will actually complete a transaction, effectuate trouble-free delivery and shipping, or return anItem through the Service.
Third Party Services: You may register for the Service using third party services (e.g., Facebook Connect) and otherwise enablevarious third party services to be directly integrated into your FreeUp experience. By directly integrating these services into the Service, we make your online experiences richer and more personalized. To take advantage of these features, we may ask you to register for orlog into such services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and FreeUp’s use, storage and disclosure of information related to you and your use of such serviceswithin the Service (including your friend lists and the like), please see our Privacy Policy at http://www.freeup.app/privacy.html. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and FreeUp shall have no liability or responsibility for the privacy practices or other actions of anythird party site or service that may be enabled within the Service.
In addition, FreeUp is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, FreeUp is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. FreeUp enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Your Registration Obligations: You may also be permitted to register with the Service directly. In any case, if you choose to register for the Service (whether directly or through a third party service), you agree to provide and maintain true, accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting theforegoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or totemporarily or permanently suspended members of the Service. If you do not qualify, please do not use the Service. Additionally, FreeUp reserves the right to refuse access to, or use of the Service to anyone, and may terminate any account, at any time, in its solediscretion. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify FreeUp of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from youraccount at the end of each session when accessing the Service. FreeUp will not be liable for any loss or damage arising from your failureto comply with this Section.
Modifications to Service: FreeUp reserves the right to modify or discontinue, temporarily or permanently, the Service (or any partthereof) with or without notice. You agree that FreeUp shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that FreeUp may establish general practices and limits concerning use of the Service. You agree that FreeUp has no responsibility or liability for the deletion or failure to store any data or other contentmaintained or transmitted by the Service. You acknowledge that FreeUp reserves the right to terminate accounts that are inactive for anextended period of time. You further acknowledge that FreeUp reserves the right to change these general practices and limits at anytime, in its sole discretion, with or without notice.
Mobile Services: When you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
Friend Referral Program: FreeUp may from time to time offer coins or credits to existing users that refer new users to the Service using the invite code provided by FreeUp to such existing users. FreeUp may also make certain coins or credits available to such new users using that invite code. The amount and requirements to earn such coins or credits will be determined, and may change, fromtime to time in FreeUp’s sole discretion and such program may be terminated by FreeUp at any time, in each case with or without notice to you. Furthermore, FreeUp reserves the right to limit the number and/or amount of coins or credits that may be earned with respect to any existing user with or without notice to you. To be eligible for a credit (whether granted to an existing user or new user),the new user must be an individual that has never registered for the Service and must be using a device (not the web) for sign-up and the device being used must not be associated with an existing FreeUp account. You agree that any credit granted: (1) cannot be traded for cash or any other service; (2) may not be sold or transferred in any manner, or made available to the general public (whetherposted to a public forum or otherwise), unless expressly permitted by FreeUp; (3) cannot be acquired via public distribution where you are a contributor but not the primary content owner (e.g. coupon websites); (4) may expire prior to your use; (5) may be voided or deducted by FreeUp at any time for any reason without liability to FreeUp, if FreeUp believes in its sole discretion that such coins orcredits resulted from fraud or other misuse of the Referral program or the Service. If your account has been suspended (see “Termination” below), you will not be able to use such coins or credits during the duration of your account suspension.
CONDITIONS OF USE
User Conduct: You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or otherwise transmit via the Service, and for all items that you sell or purchase via the Service. The following are examples of the kind of items, content and/or use that is illegal or prohibited by FreeUp. FreeUp reserves the right to investigate and take appropriate legal action against anyone who, in FreeUp’s sole discretion, violates this provision, including without limitation, removing the offending items or content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcementauthorities. You agree to not use the Service to:
FreeUp may provide required fields to comply with Sellers obligations under metrology laws. Sellers are responsible for the accuracy of key metrology items such as country of origin, manufacturer name, sizing information and any other relevant details that enable purchasers to make informed decisions prior to making a purchase in accordance with the Legal Metrology Act and Consumer
Protection Rules. The ultimate responsibility is on the Seller to correctly identify their items in accordance with all local lawsand regulations.
PURCHASE AND SALE TRANSACTIONS
Fees: Registering for the Service is free; however, FreeUp charges certain fees for various transactions effected through the Service, as set forth in the Fee Policy. Unless otherwise stated, all fees are quoted in Indian Rupees.
While listing Items on the platform, it is the Seller’s responsibility to specify the correct weight slab and select the appropriate product category. In case of under-reporting of weight (as shared by our courier partner) or incorrect product category, FreeUp reserves the right to either deduct additional shipping charges from the Seller as per the Fee policy, or ban the user, or confiscate users’ in-app credits till such overweight charges are recovered from the user.
In case of seller sponsoring delivery fees, FreeUp reserves the right to deduct the delivery fees from seller’s final payout.
If the buyer doesn’t accept the product delivery or is not available after multiple attempts by our logistics partner, FreeUp reserves the right to withhold the delivery fee / buyer protection fee at our discretion.
FreeUp also reserves the right to hold the shipment till the time either buyer or seller pay the additional shipping charges and the penalty levied by FreeUp. In case of non-receipt of due within 15 days, FreeUp can liquidate the shipment goods to recover the shipping charges and penalties.
Taxes; Shipping Costs; Buyer Responsibility: Items purchased by and shipped to Buyers in locations across India may be subject to applicable state, provincial or local sales or use tax, privilege tax or similar transaction-based taxes (“State Tax”). The amount of Taxesis based on a number of factors, including but not limited to the type of Items purchased, the Buyers designated delivery address, and/orthe location of the Seller.
Buyers are responsible for paying the applicable purchase price for a purchased Item to the Seller, as well as any shipping costs (whichare detailed in the Fee Policy) and paying applicable Taxes and/or duties associated with the purchase and sale of any Items through theService.
Buyers may use certain FreeUp promotions or credits, including coins and credits in a Seller’s account, towards the purchase of Items. Depending on the type of promotion or credit used, it may reduce the amount of Taxes that apply to a Buyer’s order. The applicationof the promotion or credit will be reflected at the time of checkout and on the receipt of purchase.
Tax and shipping costs are not included in the listed price for any Items listed by Sellers through the Service but will be displayed toBuyers before confirmation of any purchase.
In case a buyer cancels order worth Rs 5,000 or more, then FreeUp reserves the right to deduct 2% of such order value as cancellation fees.
Marketplace Collection; Taxes; Commissions; Seller Responsibility: FreeUp will collect Taxes from Buyers on behalf of Sellers where we are legally obligated to do so, including (1) those states that have enacted legislation requiring marketplaces, like FreeUp, to collect Taxes, and (2) those states that have agreed to allow FreeUp to collect Taxes on behalf of Sellers. In these states, the amount ofTaxes collected will be submitted by FreeUp to the appropriate taxing authority on behalf of Sellers. In those states where FreeUp does not collect Taxes on behalf of Sellers, Sellers are responsible for collecting and submitting any Taxes to the appropriate taxing authority in accordance with relevant state or local tax laws.
Sellers are responsible for paying all taxes imposed or measured by Seller’s net income, net profits, income, profits, and/or revenuesassociated with the sale of any Items through the Service.
Payments: Buyers may pay for Items using UPI, debit card, credit card, or other payment methods as specified on the website, However, FreeUp reserves the right to allow Cash On Delivery (COD) as a payment method for select buyers at its sole discretion. The decision to allow COD for specific buyers will be based on factors determined by FreeUp, including but not limited to buyer location, order history, and other relevant considerations. FreeUp may, from time to time, update or modify the criteria for selecting buyers eligible for COD.
If you submit your payment information through the Service, then you authorise FreeUp to store that payment information and charge your payment method for any Item you purchase.
Fee Modifications: We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service.Any change will be effective upon posting of a revised Fee Policy.
Marketplace Risk: FreeUp is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the Items made available through the Service. FreeUp is a marketplace and technology platform and is not involved in any transaction between Buyers and Sellers, does not obtain title to any purchased Items and does not act as a Buyer, Seller (or affiliate for a Buyer or Seller) or brokerwith respect to any transactions. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses) and all of these risks are borne by you, and not FreeUp. We encourage you to use the various functionalities of the Service (e.g., our Item commenting system, and our direct messaging platform) to help evaluate the user with whom you aredealing.
FreeUp does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, FreeUp does not guarantee or endorse the authenticity, quality, safety, or legality of any Items offered or sold, the truth or accuracy of any listings, or the ability of Sellers to sell Items or of Buyers to buy Items. We cannot assure that all transactionswill be completed. Additionally, FreeUp does not guarantee the ability or intent of users to fulfill their obligations in any transactions.FreeUp reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection andotherwise protecting FreeUp and its users from illegal or wrongful activities or other violations of these Terms.
Resolution of Complaint: FreeUp strives to provide a positive customer experience. In the event that a buyer has a valid complaint, FreeUp may, at its discretion, provide compensation as outlined in this clause.
Buyer must submit complaints through the designated channels on the app, including designated email ID and Whatsapp number. The complaint should include a detailed description of the issue, relevant order information, and any supporting documentation requested by FreeUp.
Upon receipt of a complaint, FreeUp will undertake a prompt and thorough investigation to assess the validity and nature of the complaint. FreeUp will ask the seller’s to submit their evidence. Seller’s payout will be on hold till the time the complaint is resolved. After analyzing the evidence of both buyer and seller, FreeUp may decide to compensate the buyer or seller based on submitted evidence. Both parties involved in the dispute hereby agree that any resolution reached through the complaint resolution process shall be binding upon both parties.
The form and amount of compensation will be determined based on the specific circumstances of the complaint. Customers must submit complaints within 2 days of receiving the product or service. Complaints received after this timeframe may not be eligible for compensation.
FreeUp shall not be liable for complaints arising from: i) buyer negligence or misuse of the product, ii) failure to follow provided instructions or guidelines, iii) force majeure events or circumstances beyond FreeUp's control.
The maximum liability of the company for any complaints/ loss of product shall be limited to the amount of Rs 2,000 (Two Thousand only) per order.Coins Buy/Sell Transactions: FreeUp facilitates the purchase or sale of FreeUp Coins at a certain rate. By proceeding with this transaction, the buyer acknowledges and agrees that the payment made for Coins purchase is non-refundable. Regardless of the circumstances, including but not limited to dissatisfaction with the product or service, cancellation, or any other reason, the buyer understands that no refunds will be issued for Coins purchased.
FREEUP PARTNER PROGRAM:
Eligible users can participate in the partners program, where they’ll receive items by FreeUp to be quality checked, stored, posted and shipped.
For each sold item partner users will earn a commission.
How it works:
1. After you sign up, our team will check your eligibility. If you’re eligible, you’ll be notified to pay a deposit amount to enroll in the program.
2. After your training is completed, we’ll start shipping items to you.
3. You are required to quality check and post these items within specific timelines based on the number of items received.
4. When the sold order is completed, your commission will be paid out to you based on our commission structure.
Ownership of items:
The items belong to the EasySell users who have booked the EasySell service.
Partners act as a fulfillment channel who will check, post, store and ship items on behalf of EasySell users. Ownership does not transfer when items are shipped to you.
Responsibilities of partners:
Partners are responsible for:
1. Quality checking the items based on FreeUp’s quality standards
2. Posting all items according to FreeUp’s posting standards within specific timelines based on the number of items received
3. Strictly following pricing guidelines shared by FreeUp
4. Packing orders with care to avoid damage in transit
5. Confirming pickup and shipping orders within expected timelines
6. Storing items properly to ensure item conditions remain the same as received
7. Returning of unsold items if asked
Payouts:
Partners receive the payout from the items sold after the return & complaint window is over.
In case of complaints raised by buyers, the payout will be released if any after the complaint is settled or closed.
Loss of EasySell Items:
In the event of items lost by a partner or items missing when returned to FreeUp before posting, FreeUp will deduct the items’ value from the partner’s earnings or deposit to compensate the EasySell user, i.e the owner of the item. For the same value of the lost items is in accordance with the terms and conditions specified herein:
Earnings Deduction=
Num of items we shipped * 50% * ₹175 (average cash value) + Num of items we shipped * 50% * 300 Coins (average coins value)
In case any item is lost after being posted, value of the lost items is in accordance with the terms and conditions specified herein:
Number of missing items * selling price as per earning estimator
Disqualification of Partners:
We reserve the right to remove any user from the Partner program at our sole discretion in case the partner violates our guidelines and T&C.
Violations that may disqualify a partner include but not limited to:
1. Selling items received from Partner program to themselves, i.e self purchase
2. Delay in posting items after receiving
3. Not following pricing/posting/shipping guidelines
4. Not returning unsold items based on our instructions
For severe violations, FreeUp may deduct your earnings and withhold your deposited amount.
Withdrawal From Program:
Partners can decide to leave the program at any time by submitting a request to the Partner Support team.
In case of withdrawal, all unsold items received by partners need to be returned to FreeUp.
Only after verification of returned items will the partner receive their deposit back.
In case items are lost/missing or Partner fails to return, we will investigate and deduct partner’s earnings and/or deposit to compensate for the lost/missing items.
In case items are already in transit from FreeUp to the partner and partner withdraws, then we will deduct shipping fee from the deposit to cover the return charges.
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH THE SERVICE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, DESCRIPTIONS OR THE SELLER’S REPRESENTATIONS AND THE BUYER’S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICE.
Prohibited Items: FreeUp prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute,ordinance, or regulation.
Sellers: You must have the right to sell the Items that you make available for sale through the Service. You must describe your Item(including the original price) and all terms of sale in your listing truthfully, accurately and completely.
Buyers: You are responsible for reading the full Item listing before making an offer. When you make an offer and your offer isaccepted by the Seller, you have a contract with the Seller.
Purchases: Buyers may offer to purchase Items from Sellers. Once an offer is accepted by Seller, the sale transaction is binding on both Seller and Buyer, and no returns, refunds, cancellations or retractions are allowed, except as permitted by these Terms. Once the offer is accepted by Seller, Buyer must pay the purchase price and shipping costs for the Item through the Service. After doing so, Buyer’sobligations are complete, unless Buyer requests a permitted return.
FreeUp will provide Seller with prepaid shipping labels (“Label”). Seller can either print Labels from a webpage generated by FreeUpor order Labels to be physically sent to their address.
Seller must ship the Item to the Buyer using the Label (and corresponding shipping method) within 3 days after Buyer pays the amount for the Item. If the Seller does not ship the Item within that time period, then we will notify Seller and give Seller a set amount of time to ship the Item before we cancel the order automatically. Seller transfers title to the Item upon shipment. Once the Item is shipped, FreeUp’s obligations for that sale are complete. Notwithstanding the foregoing, a Buyer may cancel an order for an Item before the Itemis shipped.
When using a Label provided by FreeUp: (i) Seller may only use the Label to ship the applicable Item; (ii) Labels may not be transferred or sold to a third party; (iii) Seller is fully responsible for the contents of any parcels shipped using the Label; and (iv) Seller must comply with the terms and conditions and any other policies or rules imposed by the carrier used to ship the Items. As a Buyer, if an Item shipped with a Label is lost, damaged, or arrives later than expected, or is the wrong Item, we have no obligation toyou; however, please report the issue to us through the Service within three days after delivery. FreeUp reserves the right to discontinue providing Labels to any or all users at any time and for any reason.
Once the Buyer confirms it has received and accepted the Item (either by affirmatively indicating acceptance through the Service orby failing to notify FreeUp of any issues with the Item within three days of delivery of the Item, as determined by the tracking information), then FreeUp will credit Seller’s account with an amount equal to the payment received from the Buyer (less any applicable Tax), minus FreeUp’s commission, as set forth in the Fee Policy. Funds credited to Seller’s account may be redeemed bythe Seller through a permitted third party payment provider or used by Seller to purchase items listed by other Sellers through theService.
Returns: FreeUp may allow you to return an Item in limited circumstances. If the Item you receive is not as described on the Service, then you may request a return by reporting the issue through the Service or by emailing hello@freeupapp.com, in each case within three days after delivery (as determined by the tracking information) of the Item. In case of no proved deviation from description ofproduct, Buyer can choose to return Item to seller at their own cost.
Penalty: In case of violation of any terms by users, FreeUp reserves the right to levy the penalty as deemed fit.
IF YOU SUPPLY ITEMS TO FREEUP FOR LISTING:
1. FreeUp inspects the items you send to us or that we have collected from you in order to list your accepted items for sale on our app. FreeUp only accepts items that meet strict acceptance standards. We may reject an item for any reason. Item validation done by freeUp is final and the sender cannot raise a dispute on it. Items once collected by FreeUp will not be returned back. Each item will be evaluated to determine, in our sole discretion, whether the item: (a) is in excellent, new or like-new condition, and if needed, that has been freshly laundered and completely dried; (b) is free from stains, pilling, holes, odor, and any other signs of excess wear; (c) is in-season and on-trend; and (d) is authentic. Any unaccepted items will be discarded without any obligation to compensate you for such unaccepted items
2. Pricing of the item will be determined by FreeUp either in coins or cash considering the brand, demand, and quality of the accepted item. FreeUp reserves the right to price the product or change its pricing according to market demand & supply.
3. If the listed item didn’t sell within 3 months from the listing date, same will be unlisted and discarded or given away to a charitable organization at FreeUp’s discretion
4. In case of cash sale, FreeUp will charge 20% commission (inclusive of GST) on the listing price of the item. Commission rate is subject to change with prior notice
5. If your item is sold in cash and the buyer didn’t raise any dispute within 3 days of delivery, FreeUp will remit you the sales proceeds within 30 working days after deducting the 20% commission. However in case of a valid complaint by the buyer, sales proceeds will be after deducting the buyer's payout if any due to item defect, along with freeUp’s commission . Payout calculations may be subject to change from time to time without notice
6. You are responsible for ensuring the authenticity of all items you provide to us. You acknowledge and understand that FreeUp is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate applicable law. FreeUp fully cooperates with law enforcement and brands seeking to track down the source of counterfeit items. FreeUP’s authentication process is proprietary and independent
7. You will continue to own and have title to each item that we have accepted until that item is “sold“.
8. If there is a dispute between you and FreeUp, FreeUp will have no obligation to pay any payout or other amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. FreeUp may withhold any payout earnings due to you (including any due for sold items not subject to the dispute) in full or partial satisfaction of any amounts you owe to FreeUp.
EASYSELL SERVICE:
EasySell service allows you to send us items in bulk for selling by paying a convenience fee.
How it works:
1. Items are picked up from you and are delivered to us or our Partners.
2. The received items are quality checked by us or by our Partners, after which accepted items are then posted to be sold and rejected items are discarded/donated.
3. When the item is sold and the order is completed, then after deducting our commission rest is paid out to you. You can check the latest commission value on the EasySell page on app.
Quality Check & Acceptance:
We only accept items which meet our guidelines. Acceptance and rejection is at our sole discretion.
Reasons why items are rejected include signs of wear, old/out of trend, belonging to accessories category, counterfeit, etc.
Rejected Items:
Rejected items will not be returned. They will be liquidated or donated to our partner NGOs.
Pricing:
Listing prices depend on many factors such as condition, brand, trends, etc.
We reserve the right to change pricing at our sole discretion to help you get sales faster.
To get an estimate of what you may earn, you can check out our Earning Estimator on the EasySell page on the app.
Payouts:
You’ll receive the payout of the items sold after the return & complaint window is over.
In case of complaints raised by buyers on the orders the payout will be released if any after the complaint is closed.
Reclaiming Accepted Items:
After 45-60 days from item listing, you may reclaim all unsold accepted items by paying the return fee.
In case you don’t pay the return fee or don’t want to reclaim, FreeUp reserves the right to donate/discard/sell your items on third-party platforms.
Loss of EasySell bag:
In the event of loss of an EasySell bag before it’s quality checked or received in warehouse, FreeUp agrees to compensate the user for the lost items in accordance with the terms and conditions specified herein:
Compensation amount =
Num of items shipped * 50% * ₹123 + Num of items shipped * 50% * 210 Coins
In case items are lost after quality check, FreeUp agrees to compensate the user for the lost items in accordance with the terms and conditions specified herein:
Compensation amount =
Number of missing items * selling price as per earning estimator (after deducting commission)
In no event shall the compensation exceed the maximum liability of Rs 1,000. Compensation shall not be applicable if the loss is due to circumstances beyond reasonable control, including but not limited to acts of nature, government actions, or customer providing torn clothes or inaccurate item count.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain images and descriptions of fashion, home, electronics items and other content (collectively, “Service Content”) that is protected by copyright, patent, trademark,trade secret or other proprietary rights and laws. Except as expressly authorized by FreeUp, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service (including the Software distributed in connection therewith) is the property of FreeUp, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwiseattempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software).Any rights not expressly granted herein are reserved by FreeUp.
The FreeUp name and logos are trademarks and service marks of FreeUp (collectively the “FreeUp Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respectiveowners who may or may not endorse or be affiliated with or connected to FreeUp. Nothing in these Terms or the Service should beconstrued as granting, by implication, estoppel, or otherwise, any license or right to use any of FreeUp Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of FreeUp Trademarks will inure toour exclusive benefit.
Apple-Enabled Software Applications: FreeUp offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”). With respect to Software that is made available for your use inconnection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditionsset forth in these Terms, the following terms and conditions apply:
FreeUp and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms with respectto the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enable Software as athird party beneficiary thereof.
FreeUp Coins/Credits: FreeUp Coins and FreeUp Credits are not redeemable for cash or cash equivalents, are non-transferable andmay not be applied toward prior purchases. If your account has been suspended (see “Termination” below), you will not be able to use FreeUp Coins or FreeUp Credits during the duration of your account suspension. Other restrictions may apply. We reserve the right to rescind at any time any Coins that you may receive a result of referral or other promotional programs, subject to reasonable notice toyou.
Electronic Communications: When you use the Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any suchemails may include marketing and promotional content.
Third Party Material: Under no circumstances will FreeUp be liable in any way for any items or content posted by third parties or atthe direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Service. Youacknowledge that FreeUp does not pre-screen items or content, but that FreeUp and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the Service. Without limiting the foregoing, FreeUp and its designees shall have the right to remove any item or content that violates these Terms or is deemed byFreeUp, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.
User Content Posted on the Site: You are solely responsible for the content you post or transmit on or through the Service (collectively, “User Content”). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content you hereby grant and will grant to FreeUp and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, makederivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any otherproducts or services of FreeUp, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such asFacebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or theService (“Submissions”), provided by you to FreeUp are non-confidential and FreeUp shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that FreeUp may preserve content and may also disclose content if required to do so by law or in the goodfaith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protectthe rights, property, or personal safety of FreeUp, its users and the public. You understand that the technical processing andtransmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conformand adapt to technical requirements of connecting networks or devices.
Infringement Policy: FreeUp respects the intellectual property of others, and we ask our users to do the same. FreeUp will promptlyprocess and investigate notices of alleged infringement and will take appropriate actions under the Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a waythat constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide ourCopyright Agent with the following information:
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, FreeUp will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
The above information should be sent to FreeUp’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement by email to the following address: hello@freeupapp.com (Subject line: “DMCA Takedown Request”).
THIRD PARTY WEBSITES
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. FreeUp has no control over such sites and resources and FreeUp is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that FreeUp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that FreeUp is not liable for any loss or claim that you may have against any such third party.
INDEMNITY AND RELEASE
You agree to release, indemnify and hold FreeUp and its affiliates and their officers, employees, directors and agents (collectively,”Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service (including any sale or purchase of any items through the Service), any User Content, your connection to the Service, your violation of these Terms or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from oragainst any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “ASAVAILABLE” BASIS. FREEUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FREEUP MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THESERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEETYOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FREEUP SHALL NOT BE LIABLE FOR ANY INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FREEUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICE); (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED ORTRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO ORALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL FREEUP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF COMMISSIONS THAT YOU HAVE PAID TO FREEUP AS A SELLER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, TWO THOUSAND INDIAN RUPEES (INR 2000).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THELIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
TERMINATION
You agree that FreeUp, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any items or content within the Service, for any reason, including, without limitation, for lack of use or if FreeUp believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive orillegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. FreeUp may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that FreeUp may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that FreeUp shall not be liable to you or any third-party for any termination of your access to the Service.
USER DISPUTES
You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Service and FreeUp will have no liability or responsibility with respect thereto. FreeUp reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
GENERAL
These Terms constitute the entire agreement between you and FreeUp and govern your use of the Service, superseding any prioragreements between you and FreeUp with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. With respect to any disputes or claims not subject to arbitration, as set forth above, you and FreeUp agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Bangalore, Karnataka. The failure of FreeUp to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competentjurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, to the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year (unless applicable law provides for a longer period) after such claim or cause of action arose or be forever barred. This electronic document, and all other electronic documents referred to or incorporatedherein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreementto the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
YOUR PRIVACY
At FreeUp, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to ourcollection and use of personal data as outlined therein.
QUESTIONS & SUGGESTIONS
Please contact us at hello@freeupapp.com to report any violations of these Terms of Service or to pose any questions regarding theseTerms of Service or the Service.
Selsom Technologies Pvt Ltd Bangalore, Karnataka,India