Acceptable Use Policy
PLEASE READ THIS ACCEPTABLE USE POLICY IN CONJUNCTION WITH OUR TERMS AND CONDITIONS.
This Agreement is between you (the “user” or “you”) and LOVE IT AGAIN (“Website”). Any user who is found to be in violation of the following Agreement and any other policies posted on the Website may be banned, at the sole discretion of LOVE IT AGAIN, from using the Website or any Services.
Introduction & Scope
If you have any questions, please email us at firstname.lastname@example.org or view the other documentation in this site including “Terms and Conditions,” “Privacy Notice” and “How We Work.”
Changes to the Agreement and Additional Terms
WE MAY CHANGE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU AND AT OUR SOLE DISCRETION, AND YOUR CONTINUED USE OF THE WEBSITE OR ANY SERVICES AFTER SUCH CHANGES TO THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES ACCEPTANCE OF ALL SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THIS AGREEMENT WHEN USING THE WEBSITE OR OUR SERVICES.
LOVE IT AGAIN reserves the right to modify or terminate the Website and Service for any reason, without notice and at any time. LOVE IT AGAIN reserves the right to alter this Agreement or other policies at any time, so please review the policies frequently. If LOVE IT AGAIN makes a material change, then LOVE IT AGAIN will notify you here by posting updates to this Agreement or by means LOVE IT AGAIN deems appropriate. What constitutes a “material change” will be determined at LOVE IT AGAIN’s sole discretion, in good faith, and using common sense and reasonable judgment.
- LOVE IT AGAIN is an Online Marketplace
LOVE IT AGAIN is an online marketplace that allows users who comply with LOVE IT AGAIN’s policies to offer, sell, and buy certain goods within a fixed-price format. LOVE IT AGAIN is not directly involved in the transaction between buyers and Vendors, unless you purchase from one of the Vendors managed by LOVE IT AGAIN. Our Vendors include Chic Mamas Durban, Chic Mamas Jozi, Chic Mamas Hout Bay and Chic Mamas Cape Town. Outside of these Vendors, LOVE IT AGAIN has no control over the quality, safety, morality, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Vendors to sell items, or the ability of buyers to pay for items. Except as stated in Listing and Selling (see Section 4), LOVE IT AGAIN does not pre-screen users or the content or information provided by users. LOVE IT AGAIN cannot ensure that a buyer or Vendor will actually complete a transaction.
Legal ownership of items purchased on LOVE IT AGAIN is transferred by the Vendor to the buyer after a sale is completed. LOVE IT AGAIN does not transfer nor is it involved in the transfer of legal ownership of items from the Vendor to the buyer, except for items being sold from LOVE IT AGAIN Vendors.
LOVE IT AGAIN cannot guarantee the true identity, age, nationality, or other features disclosed in a user’s profile. LOVE IT AGAIN encourages you to communicate directly with potential transaction partners through the tools available on the Website. You agree that LOVE IT AGAIN is an online marketplace and as such is not responsible or liable for any content, including but not limited to data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on LOVE IT AGAIN. You use our Services at your own risk.
- Membership Eligibility
LOVE IT AGAIN may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Our Services are only available to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. By using our Services, registering with our Website, or creating an account to use our Services, you represent and warrant that: (a) you are at least 18 years old, (b) all registration information you submit is accurate and truthful; and (c) if you are acting on behalf of a legal or business entity, you are authorised to bind that entity to the Agreement.
Additionally, our Services are not targeted towards, nor intended for use by, individuals under the age of 18. While listings on LOVE IT AGAIN’s Website may contain products for children, LOVE IT AGAIN sells only to adults, who can make purchases with a credit card or other permitted payment method. By using the Services, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register for an account. In addition, you may not make a purchase from our Website unless you are at least 18 years of age.
Individuals under the age of 18 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the User and is responsible for any and all activities of any minors. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO A MINOR’S REGISTRATION WITH AND USE OF THE SERVICES AND WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.
You agree to comply with all laws including all laws applicable in the jurisdiction from which you are accessing the Website or any Services regarding acceptable content and online conduct. You are responsible for all applicable taxes. In addition, you must abide by our policies as stated in the Agreement and other policy documents available on our website as well as all other operating rules, policies, and procedures that may be published from time to time on our Website, each of which is incorporated herein by reference and each of which may be updated by LOVE IT AGAIN from time to time without notice to you.
In addition, some Services offered by LOVE IT AGAIN may be subject to additional terms and conditions circulated by LOVE IT AGAIN from time to time; your use of these Services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Account Information and Password
You acknowledge and agree that you are fully responsible for all activity, liability, and damage resulting from your failure to securely maintain your LOVE IT AGAIN account information and password. You acknowledge and agree that you will protect your account information and password, ensure this information is current and accurate, and bear full responsibility for any activities conducted through your account.
Your account information, particularly your email address and password, authenticates your identity as a LOVE IT AGAIN member, and LOVE IT AGAIN is entitled to act on any transaction instructions received from your account information, regardless of whether it is being used with authorisation from you. You agree to notify LOVE IT AGAIN of any unauthorised use of your password or any breach of security. You also agree that LOVE IT AGAIN cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your user login and password information in combination to any other party other than LOVE IT AGAIN without LOVE IT AGAIN’s explicit written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on LOVE IT AGAIN and withdraw funds from Vendor earnings, you must also provide and maintain valid payment information, such as valid credit card information.
You may not transfer, sell, rent, assign, sublicense, or otherwise allow another party to access or use your LOVE IT AGAIN account. You are responsible for all activity of the user account and user ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service
Our Services are not available to temporarily or indefinitely suspended LOVE IT AGAIN users. LOVE IT AGAIN reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. LOVE IT AGAIN reserves the right to refuse service to anyone, for any reason, at any time.
Joining and setting up a new account on the Website and Services is free. However, LOVE IT AGAIN charges Vendors a sales commission calculated as a percentage of the sale price of a completed transaction on the Website, which is currently 20%. Unless otherwise stated, all fees are quoted in Rands (ZAR).
You are responsible for paying all fees and applicable taxes associated with using our Website and our Services in a timely manner with a valid payment method.
Fees and Termination
If LOVE IT AGAIN terminates a listing or your account, if you close your account, or if the payment of your LOVE IT AGAIN fees cannot be completed for any reason, you remain obligated to pay LOVE IT AGAIN for all unpaid fees plus any interest or other charges, if applicable. If the Vendor’s account is not paid in full and becomes past due, the Vendor risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel or charging any payment method associated with your account). If you have a question or wish to dispute a charge, please email LOVE IT AGAIN at email@example.com.
- Listing and Selling
Authorised Vendors may list and sell preloved women’s, men’s, kids’ and youth fashion and accessories (such as clothing, shoes, and handbags) on the Website. You may not list or sell designer replicas or derivatives, including but not limited to items that are counterfeit, inauthentic, or not manufactured for retail sale by the designer whose name, logo, trademark, or design is represented in or on the item.
By listing an item for sale on the Website, you warrant and represent that (a) you are in compliance with all aspects of this Agreement and applicable laws, including in respect of all items; (b) you have the legal right to sell the item and to post all of the descriptions, graphics, photos, images and any other content related to your listing of the item; (c) the description and depiction of the item, including but not limited to any damage, size or measurements, are complete, truthful, and accurate; (d) the item is listed in the appropriate category; (e) the item is not priced significantly over a reasonable market price; (f) the item does not have more wear and/or damage than can be defined as Gently Used, including but not limited to: significant wear, rips, tears, discoloration, odour or broken hardware or components. Your listings may only include text descriptions, graphics, photos, images, and other content relevant to the sale of that item. All items must be listed in an appropriate category with relevant tags. Each unique item must have its own listing. In addition, certain items may be prohibited or restricted; you also need to make sure the sale of your item complies with all laws. If your listing does not comply, it may be removed. Please note that at this time only users based in South Africa are eligible to list or sell on the Website.
In addition, LOVE IT AGAIN reserves the right to designate certain items as Final Sale (including but not limited to women’s, men’s, kids’ and youth fashion and accessories and upcycled goods) where no returns are accepted. The sale of any items outside of the categories mentioned above is prohibited (including but not limited to intimates and technology equipment and accessories) and is not covered by our Return Policy.
All sales are binding. The Vendor is responsible for accurately listing their items, and the buyer is responsible for reading the item description before making a purchase. The Vendor is obligated to ship the order to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance. The buyer is obligated to deliver the appropriate payment for items purchased, unless there is an exceptional circumstance.
If you do not complete a sale or purchase, your account and all listings may be suspended and removed from the Website at LOVE IT AGAIN’s sole discretion. You may request your account and listings be reinstated, which LOVE IT AGAIN may do in its sole discretion.
The price stated in each item listing description must be an accurate representation of the sale price. Vendors may not alter the item’s price after a sale for the purpose of avoiding LOVE IT AGAIN transaction or commission fees, misrepresent the item’s location, or use another user’s account without permission.
Offers to buy or sell outside of the Website are a potential fraud risk for both buyers and Vendors and are not protected by the LOVE IT AGAIN Terms and Conditions, the Agreement, or other buyer/vendor protection programs. Additionally, these offers may be an attempt to avoid LOVE IT AGAIN transaction fees. This is unfair to other Vendors, violates the Agreement, and will result in account termination. You may not exchange personal information or engage in any other activities to transact with another in any manner to avoid any transaction fee or the LOVE IT AGAIN Secure Checkout process. You may not manipulate the price of any item or fees owed to LOVE IT AGAIN when using the Website.
When you sell an item on LOVE IT AGAIN R99.99 will be added at checkout for Aramex shipping. Please view “How Shipping Works” documents for more information.
Third-Party Service Providers
LOVE IT AGAIN has engaged third-party service providers to perform many of the services related to payment processing, including card processing. At no time will LOVE IT AGAIN store or share your personal bank/credit card details, all details will be securely processed via the third-party provider.
LOVE IT AGAIN has partnered with PayFast to facilitate credit card payments. If there are insufficient funds in your bank account or insufficient credit available when our provider processes the payment for your purchase or to recoup fees or balances due to LOVE IT AGAIN, LOVE IT AGAIN reserves the right to contact you directly to seek payment.
Upon completing a sale, Vendors will have access to the buyer’s full physical address. As a Vendor, you are strictly prohibited from using this personal information for anything other than completing the sale.
In order to cash out Vendor’s earnings, you are required to verify your identity. This verification helps LOVE IT AGAIN to maintain a safe place to buy and sell. At any time, LOVE IT AGAIN may require a Vendor to re-verify his or her identity. As part of this verification process, and as enforced by regulatory requirements relating to online payments, you will be required to provide your ID or Passport number and bank details.
If LOVE IT AGAIN receives notice that your listings or activity violates any third party service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include cancelling a transaction, removing listings, or suspending your account.
LOVE IT AGAIN, in its sole discretion, may hold Vendor’s earnings for up to 21 days after the sold item has been delivered to the buyer, based on its own risk and security policies. The date of delivery is determined by the date upon which the package is delivered to the buyer, according to the shipping carrier’s tracking system. Vendors’ earnings will be available after the 21-day holding period (usually sooner), except in cases wherein it is determined that the item has been misrepresented by the Vendor. In the event that an item misrepresentation issue arises during the holding period, LOVE IT AGAIN reserves the right to hold Vendor earnings beyond the 21-day period, and for as long as necessary to review and resolve the issue. LOVE IT AGAIN also strictly prohibits the listing and sale of replica and misrepresented items, and reserves the right to withhold Vendor earnings in perpetuity when the Company determines, at its sole discretion, that a replica or misrepresented item has been sold through its Website.
Returned items sent back to Vendor
When an item purchased on the Website or using our Services is returned, it will be sent back to the Vendor’s designated shipping address. However, if the shipping address listed in your account is outdated or incorrect, and you have not responded to LOVE IT AGAIN’s attempts to reach you via the email address listed in your account, the item will be deemed abandoned after thirty days and may be donated to a charity of LOVE IT AGAIN’s choice.
When purchasing an item, you agree that: (a) you are responsible for reading the full item listing before committing to purchase; (b) you enter into a legally binding contract with the Vendor to purchase his or her items when you commit to purchase the item; and (c) LOVE IT AGAIN is not a party to the contract and does not transfer legal ownership of the item from Vendor to yourself.
- User Submitted Content
You may submit items (including images, artwork, text, graphics, logos, and similar items) in connection with the Website (“User Submissions”).
LOVE IT AGAIN does not claim ownership rights of User Submissions. You grant LOVE IT AGAIN a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, fully paid-up license to use, reproduce, create derivative works of, excerpt, reformat, distribute, perform, and display the User Submission (in whole or part) and to incorporate the User Submission in other works in any form, media, or technology now known or later developed, including without limitation (a) on the Website (including a mobile version of the Website); (b) on any application designed or developed to allow others to view your User Submission; (c) in materials created to promote the Website or any Services and their contents, and (d) in connection with online and offline events conducted in connection with the Website or Services.
You agree to allow LOVE IT AGAIN to store, translate, or reformat User Submissions on the Website or Services and display User Submissions on LOVE IT AGAIN in any way LOVE IT AGAIN chooses. This includes a buyer using the same image(s) or text description as the original Vendor when using our re-list feature. LOVE IT AGAIN will only use personal information in accordance with LOVE IT AGAIN’s Privacy Notice.
You represent and warrant that the User Submission (a) is your own original work and you own all rights in the User Submission or that you have all rights in the User Submission necessary to grant the license to the User Submission contained in this Agreement; (b) will not violate any third party rights, including any third party intellectual property rights, privacy rights, moral rights, or other proprietary rights; (c) does not violate any law or regulation; and (d) does not contain any virus or other malicious software, including any software which could interfere with the performance of the Website or Services or collect user data from users of the Website or Services.
Re-Posting User Submissions
By posting User Submissions on LOVE IT AGAIN, it is possible for an outside website or a third party to re-post your User Submissions. You agree to hold LOVE IT AGAIN harmless for any dispute concerning this use. If you choose to display your own LOVE IT AGAIN-hosted image on another website, the image must provide a link back to its listing page on LOVE IT AGAIN.
Ideas & Feedback
LOVE IT AGAIN considers any unsolicited ideas, suggestions, proposals, feedback, or any other materials submitted to the Company via the Website to be non-confidential and non-proprietary. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, business models or plans, or other information about the Website (“Ideas & Feedback”) provided by you to LOVE IT AGAIN are non-confidential. Any communication by you to LOVE IT AGAIN is subject to this Agreement, and LOVE IT AGAIN shall be entitled to the unrestricted use and dissemination of the Ideas & Feedback for any purpose without acknowledgment or compensation to you. LOVE IT AGAIN shall not be liable for the disclosure or use of any Ideas & Feedback. You acknowledge and hereby grant to LOVE IT AGAIN, under all of your rights in the Ideas & Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, modify, publish, display and exploit such Ideas & Feedback for any purpose LOVE IT AGAIN chooses, commercial or otherwise, including but not limited to incorporating it in future products or new services, documentation, or any other method, without notice or compensation to you and without further recourse by you.
- Prohibited and Restricted Items and Activities
You are solely responsible for your conduct and activities on the Website and interactions with LOVE IT AGAIN or LOVE IT AGAIN’s Services, and all User Submissions that you submit, post, and display on Website.
Without notice, LOVE IT AGAIN reserves the right to remove, block access to, or otherwise make unavailable any User Submission or other content that is (a) in violation of the Agreement; (b) the subject of a court order or request from a governmental agency or law enforcement; or (c) otherwise unlawful, unethical, immoral, or improper for the LOVE IT AGAIN community, as determined by LOVE IT AGAIN in its sole discretion. Further, we may block users that repeatedly violate the Agreement or engage in other behaviour necessitating a removal of a User Submission.
User Submissions and your use of LOVE IT AGAIN shall not:
- be false, inaccurate, or misleading;
- misrepresent your identity or your affiliation with any other person or entity;
- be fraudulent or involve the sale of illegal, replica, or stolen items;
- include item listings that are not considered women’s fashion and accessories;
- infringe upon any third-party’s rights, including any third party copyright, patent, trademark, trade secret or other proprietary or intellectual property rights, privacy rights, moral rights or other proprietary rights;
- list or sell any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including but not limited to counterfeit, replica, or stolen items; child pornography; obscene materials; drugs; trade secrets; the dead body, or any part or product thereof, of a polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant; or items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) or any other governmental agency in any country as hazardous to consumers and therefore subject to a recall;
- arrange to swap or trade items with other members on LOVE IT AGAIN;
- advertise or otherwise promote any goods or services other than items or User Submissions that are for viewing or for sale via the Website or Services;
- violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance, or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, or false advertising);
- harass, annoy, stalk, harm, threaten, or otherwise engage in abusive behaviour towards others, including contacting, advertising to, or soliciting any other user without prior explicit consent or using an automated system to send comments or messages to others;
- impersonate or intimidate any person (including LOVE IT AGAIN team members or other users), or falsely state or otherwise misrepresent your affiliation with any person through the use of similar email address, nicknames, or creation of false account(s) or any other methods of deceit;
- interfere with a Vendor’s business or online profile;
- take any action that may undermine online reviews or feedback;
- access (or attempt to access) any portion of the Website or any Services, other personal information through any automated means (including use of scripts, scraping, or web crawlers), or violate any instructions set out in any robots.txt files present on the Website or Services;
- obtain or attempt to obtain unauthorized access to computer systems, materials, or information, including attempting to obtain, use, or access any materials or information that is not intentionally made publicly available via the Website or Services;
- send mass unsolicited messages, “flood” servers with requests, or perform similar actions;
- interfere with or disrupt the Services or Website or servers or networks connected to the same;
- manipulate, display, or access the Website or any Services or any materials or information found thereon using “framing,” “deep linking.” or similar techniques that bypass or circumnavigate the intended architecture and layout of the Website or any Services;
- contain or transmit any code or malicious software of a destructive nature, including any software that may collect user data or personal information from users of the Website or Services;
- upload, store, distribute, or disseminate electronic files that are corrupted or contain viruses, “trojans,” “spyware,” “adware,” “malware,” or any other malicious components, or take any measures, such as implementing “denial of service” attacks, “email bombs,” or other techniques that impose an unreasonable or disproportionately large burden on the Website any Services or any other LOVE IT AGAIN system or network, or that are otherwise connected to or interface such systems or networks;
- appear to create liability for LOVE IT AGAIN or cause LOVE IT AGAIN to lose (in whole or in part) the services of LOVE IT AGAIN’s internet service provider or other vendors;
- link directly or indirectly, or reference or contain descriptions of goods or services that are prohibited under this Agreement and any other policy documents posted on LOVE IT AGAIN; or
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service.
In the event of a replica or misrepresented listing, LOVE IT AGAIN will pull funds from the Vendor if the Vendor has already cashed out earnings from that sale. LOVE IT AGAIN reserves the right to designate certain items as Final Sale or Non-Returnable. Furthermore, you may not list any item on LOVE IT AGAIN (or consummate any transaction that was initiated using our Services) that could cause LOVE IT AGAIN to violate any applicable law, statute, ordinance, regulation, or that violates this Agreement.
As a security measure, we may impose transaction limits on buyers and Vendors. For example, we may impose limits relating to the value of any transaction, or adjustments, relating to the cumulative value of all transactions or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a Vendor nor a buyer if we do not proceed with a transaction or adjustment that would exceed any limit established by us, or if we cancel a transaction due to unverified buyer or Vendor information.
LOVE IT AGAIN reserves the right to decline transactions that we believe to be high risk, fraudulent, or in violation of LOVE IT AGAIN’s Terms and Conditions.
- Information Control
LOVE IT AGAIN does not control the User Submissions provided by users that are made available on the Website. You may find some User Submissions to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.
By using the Website, you agree to accept such risks and that LOVE IT AGAIN (and LOVE IT AGAIN’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on LOVE IT AGAIN. Please use caution, common sense, and practice safe buying and selling when using LOVE IT AGAIN.
LOVE IT AGAIN is not responsible for the availability of outside websites or resources linked to or referenced on the Website or Services. LOVE IT AGAIN does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that LOVE IT AGAIN 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.
You may cancel your account at any time by contacting our support team via email at firstname.lastname@example.org. As per Section 3 on Fees, you are responsible for paying any fees owed to LOVE IT AGAIN upon termination of your account.
LOVE IT AGAIN may restrict, suspend, or terminate your use of or access to the Website or Services, without notice or liability to you and in its sole discretion, and without refunding any fees, if LOVE IT AGAIN suspects (by information, investigation, conviction, settlement, or otherwise) that (a) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of this Agreement; (b) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of any LOVE IT AGAIN policy; (c) your activities on or in relation to the Website or Services may violate applicable law; (d) you are unable to verify or authenticate any of your personal information or User Submissions; (e) you have failed to pay a fee; (f) you may cause legal liability or financial loss to LOVE IT AGAIN’s users or to LOVE IT AGAIN; (g) you have submitted an unreasonable amount of return requests; or (h) for any other reason at any time. This includes cancelling any unverified accounts or inactive accounts, warning LOVE IT AGAIN’s community of a user’s actions, temporarily or indefinitely suspending a user’s account privileges, terminating a user’s account, or prohibiting access to the Website or Services, and taking technical or legal steps to keep a user off the Website and refusing to provide Services to a user. Further, any suspected fraudulent, abusive, or illegal activity, including violations of the Agreement and any additional LOVE IT AGAIN policy, may be referred to appropriate law enforcement authorities or other third parties.
LOVE IT AGAIN reserves the right to suspend and/or terminate a user’s account or any accounts held by that user by virtue of association, including all usernames under which that user operates on the Website or Services.
- Personal Information and Privacy
LOVE IT AGAIN will only use personal information in accordance with its Privacy Notice, which can be viewed on the website.
As part of a transaction, you may obtain personal information, including shipping information, from another user. Without obtaining prior permission, this personal information shall only be used for that specific transaction or for LOVE IT AGAIN-related communications regarding that transaction with the other user. LOVE IT AGAIN has not granted you a license to use the information for unsolicited commercial messages or unauthorised transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any LOVE IT AGAIN user to your email or physical mail list. For more information, see LOVE IT AGAIN’s Privacy Notice.
- Intellectual Property
All content on the Website and Services is owned by or licensed to LOVE IT AGAIN. Subject to the Agreement, LOVE IT AGAIN grants to you a non-exclusive, non-transferable, non-sublicensable license to access and view the Website and Service and to make a reasonable number of copies of the content on the Website and services solely for your own personal and non-commercial use. All rights not expressly granted herein are reserved to LOVE IT AGAIN and its licensors. Other than as expressly provided above, you may not display, reproduce, distribute, modify, sell, or otherwise use any materials or content on the Website or Services, and all such content is provided on an AS IS basis.
The trademarks, logos, service marks, trade names, graphics, page headers, button icons, scripts and other designs that are displayed on the Website and Services are owned by LOVE IT AGAIN and/or its affiliates or their third party licensors and may not be used unless authorised by the trademark owner. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of LOVE IT AGAIN’s Trademarks displayed on the Service, without our prior written permission in each instance. LOVE IT AGAIN’s intellectual property may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. All goodwill generated from the use of LOVE IT AGAIN intellectual property will inure to our exclusive benefit.
- Intellectual Property Rights
At LOVE IT AGAIN‘s sole discretion, users who infringe on intellectual property rights of Verified Rights Owners will have their user accounts and/or access to the Services removed or disabled. If LOVE IT AGAIN disables or removes your user account, or any content or other materials you have posted, and you believe this was done in error, please forward a written notice stating the same and providing any supporting documentation necessary to establish your rights to the agent referenced above.
LOVE IT AGAIN may disclose alleged infringers’ personal identification information to third parties with intellectual property rights who have complied with the complaint procedure. For more information, see LOVE IT AGAIN’s Privacy Notice, accessible on the website.
If you have concerns or questions about why your listing was reported or removed, please contact us directly using the email address we provided.
- Counter Notification Procedures for Copyright Notices
If your material has been removed, disabled, or otherwise restricted due to a copyright infringement notification, and you believe that your material is not infringing or you were authorised by the copyright owner, the copyright owner’s agent, or pursuant to the law to post and use the material, you may send a counter-notice containing the following information to LOVE IT AGAIN’s Agent for Infringement Claims:
- your name, address, telephone number, and e-mail address;
- identification of the material at issue, including its location before it was removed, disabled, or otherwise restricted;
- a statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material;
- a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
- your physical or electronic signature.
If a counter-notice is received by our Copyright Agent, LOVE IT AGAIN may send a copy of the counter-notice to the original complaining party informing it that we may replace the removed material or cease disabling it in the next 30 business days at our sole discretion unless the original complaining party files an action seeking a court order against LOVE IT AGAIN or the applicable member/user.
LOVE IT AGAIN is not involved in the actual transaction between Buyers and Vendors unless you purchase from one of the in-house accounts managed by LOVE IT AGAIN. While LOVE IT AGAIN may help facilitate the resolution of disputes through various programs, and may provide guarantees, which are backed by the LOVE IT AGAIN Return Policy, we have no control over and do not guarantee: (a) the existence, quality, safety, or legality of items advertised; (b) the truth or accuracy of users’ content or listings; (c) the ability of Vendors to sell items; (d) the ability of Buyers to pay for items; (e) that a Buyer or Vendor will actually complete a transaction or return an item; (f) the legal transfer of item from the Vendor to the Buyer; or (g) that a buyer or Vendor will actually complete a transaction. LOVE IT AGAIN reserves the right to return any sold item to any Vendor at any time, and to restrict or clawback earnings for any item returned to the Vendor.
Rather, our goal at LOVE IT AGAIN is to maintain our Website, Services, and related tools, in a manner that is safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our Website, Services, or tools. You further acknowledge that operation of and access to our Website, Services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our Website, Services, and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law: WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOVE IT AGAIN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF USE, LOSS OF DATA, INTANGIBLE LOSSES, OR ANY DAMAGES, LOSSES OR EXPENSES THAT MAY NOT FAIRLY AND REASONABLY BE CONSIDERED TO ARISE DIRECTLY AND NATURALLY, THAT IS ACCORDING TO THE USUAL COURSE OF BUSINESS, FROM BREACH OR OTHER ACT OR OMISSION RELATING TO THE WEBSITE, SERVICES, OR AGREEMENT GIVING RISE TO THE RELEVANT LIABILITY (EVEN IF LOVE IT AGAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO YOUR USE OF THE SERVICES OR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY ACTION RELATED TO THE WEBSITE OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR GUARANTEES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY WARRANTY OR GUARANTEE CANNOT BE EXCLUDED, LOVE IT AGAIN’S LIABILITY FOR BREACH FOR SUCH WARRANTY OR GUARANTEE IS LIMITED (AT LOVE IT AGAIN’S ELECTION): (A) IN THE CASE OF GOODS, A REFUND, REPAIR, OR REPLACEMENT OF THE GOODS OR PAYMENT IF THE COST OF REPAIR OR REPLACEMENT OF THE GOODS; (B) IN THE CASE OF SERVICES, THE RESUPPLY PAYMENT OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.
IF LOVE IT AGAIN IS FOUND LIABLE TO YOU OR ANY THIRD PARTY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SUCH LIABILITY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER THE LOVE IT AGAIN TRUST PROMISE UP TO THE PRICE THE ITEM SOLD ON THE WEBSITE OR SERVICES (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS; (B) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO LOVE IT AGAIN IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree to defend, indemnify, and hold harmless LOVE IT AGAIN and its affiliates, and their directors, officers, employees, parents, subsidiaries, stockholders, and agents, from and against all claims, demands, liabilities, costs, taxes, losses, and expenses, including reasonable attorneys’ fees, arising from your use of the Services or Website or your breach of the Agreement, including any dispute with another user, the collection, payment or failure to collect or pay taxes if applicable, or claim from a third party. LOVE IT AGAIN may elect to assume the defence and control of such claim and, in such case, you agree to cooperate with LOVE IT AGAIN in the defence of such claim and to reimburse LOVE IT AGAIN for all reasonable expenses and fees incurred in the course of defending such claim.
- No Guarantee
LOVE IT AGAIN does not guarantee continuous, uninterrupted access to the Website or Services, and operation of the Website or Services may be interfered with by numerous factors outside LOVE IT AGAIN’s control.
- Disputes with Other Users or Third Parties
In the event a dispute arises between you and another user or a third party, LOVE IT AGAIN encourages you to contact the user or third party to resolve the dispute amicably.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
- Disputes with LOVE IT AGAIN
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, or disagreement you may have against LOVE IT AGAIN, and any claim that LOVE IT AGAIN may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Notice, or any LOVE IT AGAIN Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”).(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and LOVE IT AGAIN (the “Arbitrator”).
- Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Website and Services. The amount of taxes applicable to your purchase includes state and local taxes and is calculated based on the type and cost of the item purchased, as well as the delivery address and/or location of the Vendor.
Taxes are not included in the Vendor’s listing price, however, all applicable taxes are disclosed prior to confirmation of any purchase made on the Website and Services.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
- No Agency
You and LOVE IT AGAIN are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Sections 3 (Fees), 4 (Listing and Selling), 6 (User Submitted Content, License). 8 (Information Control), 9 (Termination), 10 (Personal Information and Privacy), 11 (LOVE IT AGAIN’s Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (No Guarantee), 18 (Disputes with Other Users), 19 (Disputes with LOVE IT AGAIN), 21 (Severability), 22 (No Agency), and 25 (General Terms) shall survive any termination or expiration of this Agreement.
- General Terms
This Agreement, and any rights and licenses granted hereunder, may not be transferred, assigned, or sublicensed by you without LOVE IT AGAIN’s express written consent. On the other hand, LOVE IT AGAIN may assign, sublicense, or otherwise transfer any rights or licenses under the Agreement, without restriction and without prior notice to you.
Following termination of this Agreement and/or your commercial relationship with LOVE IT AGAIN, any term of the Agreement logically extended beyond such termination shall survive to the fullest extent necessary to allow you and LOVE IT AGAIN to enforce any rights obtained or obligations incurred hereunder.
No term or provision of this Agreement is meant or intended to benefit any third party.
You agree that this Agreement will be governed by the laws of South Africa.
This Agreement represents the entire agreement and understanding between you and LOVE IT AGAIN and it supersedes any other agreement or understanding (written, oral or implied) between you and LOVE IT AGAIN. No other agreements, promises, representations, or understandings shall be binding upon LOVE IT AGAIN with respect to the Website or LOVE IT AGAIN’s Services unless contained in this Agreement, or separately agreed to in writing and signed by an authorised representative of LOVE IT AGAIN.
Neither you nor LOVE IT AGAIN will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labour dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
If any part of this Agreement shall be determined to be illegal, invalid, or unenforceable: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the parties; and (b) the remaining parts of the Agreement shall be deemed valid and enforceable, so long as the remaining parts continue to fulfill the original intent of the parties.