Terms of Service
1. Welcome to ESOOKO
- ESOOKO operates a peer-to-peer marketplace where users fund environmental initiatives, whilst they buy, sell and earn money. ESOOKO is partnered with a number of different environmental initiatives and users choose which one of these initiatives they want the transaction charges on their buying and selling to support. On ESOOKO, you can search for items, log-in to your account and view other users’ shops.
- The Service is operated by ESOOKO Limited, incorporated and registered in England and Wales under company number 12080254 and with registered office is at Westhaven, 3 Clarence Road, Dorchester, Dorset DT1 2HF.
2. Your relationship with us
- This document and any documents referred to within it (collectively, the “Terms of Service”) set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then please contact us at firstname.lastname@example.org to discuss what this means for you.
- By setting up an account with us and/or using and accessing the Service, you agree to and accept these Terms of Service in their entirety. If you do not agree to these Terms of Service, you may not use the Service.
3. Information about you and your privacy
4. Setting up an account
- To access our Service as a buyer, you must register with us and set up an account with an email address and password. To access our Service as a seller, you must register to “Become a seller” and set up a shop name and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
- You must be at least 13 years of age and capable in your country of residence of entering into a legally binding agreement to use our Service. Esooko does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. Esooko is a General Audience Site and the Service and its content are not directed at children under the age of 13. Children under the age of 13 are prohibited from providing any personal information to the Site. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. 3. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at email@example.com straight away to let us know.
5. ESOOKO Marketplace and Payments
- Our Service allows you to buy and sell items and provide funds for environmental initiatives through the ESOOKO transaction charges.
- You can sell your items through our Service by registering to “Become a seller” and uploading an item.
- Sale transactions may only take place via ESOOKO’s third party payment provider - Stripe.
- Your use of Stripe through our Service, is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”) and you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of ESOOKO enabling payment processing services through Stripe, you agree to provide ESOOKO accurate and complete information about you and your ESOOKO account. By using Stripe, you hereby consent and authorize ESOOKO and Stripe to share any information and payment instructions you provide to the extent required to complete payments via the Service. Where you use Stripe and have given us and Stripe permission to do so, you may authorise and request Stripe to debit your bank account by using the Bankers’ Automated Clearing Services (Bacs) if for example the net activity in your account on a day is negative or we need you to fund your account for any other reason relating to the Stripe Connected Account Agreement.
- To safeguard the interests of our users, you are not permitted to sell or purchase an item by making direct arrangements with the buyer or the seller to use a payment method other than the payment methods offered via the Service. Please note that selling or purchasing an item in any other way is a breach of our Rules of Acceptable Use and can result in, among other things, suspension or termination of your access to the Service (See section 8).
- We want our Service to be a positive experience for our users and we ask that you honour the commitments you make to another user in respect of the sale or purchase of an item.
- Any agreement for and/or purchase of an item is made solely between you and the seller. Sellers have, at all times, total discretion to set prices. Complaints, questions and claims related to an item should be directed to the seller. Where users cannot resolve issues relating to a transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process. You can find out more about our dispute resolution procedure at section 15 of these Terms of Service.
- As we are not the seller of any items, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of items, the truth or accuracy of any picture or description of the items or any other content made available by users, the ability of sellers to sell items, the ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the item, and we have no liability in this respect. Sellers are responsible for ensuring that any age-restricted items are marked clearly with the applicable age restriction (as required by law) and Buyers agree that they shall not attempt to purchase items if they are younger than the advertised and legal age restriction.
- To safeguard the interests of our users, we do not recommend using the Service to swap items. In any event, you acknowledge that you swap items entirely at your own risk and we have no liability in this respect.
6. Your right to use the Service
- The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the ESOOKO application and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service.
- Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.
- Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “ESOOKO” name, or any of the “ESOOKO” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to ESOOKO.
- These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of ESOOKO’s materials and content, the Service, ESOOKO name and/or trademarks, other than as set out in these Terms of Service.
7. Your content
- You confirm that images, sounds, text or information that you submit or create (“User Content”) whilst using the Service will meet the Rules of Acceptable Use.
- You grant us a worldwide, non-exclusive, royalty-free, irrevocable and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and exploit the User Content (including any intellectual property rights therein) anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business.
- We do not check or moderate any User Content before it is added to the Service by users. We may later check, moderate, reject, refuse or delete any User Content if we think that it breaks any of the Rules of Acceptable Use, or we believe it is against the ethos of ESOOKO.
- User Content removed from the Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations. Therefore, we encourage you to maintain your own backup of your User Content and you agree that you will not rely on the Service for the purposes of User Content backup or storage. To the extent permitted by applicable law, we shall have no liability for any loss of User Content.
8. Rules of Acceptable Use
- In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).
- You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
- You are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through our Service. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this section 8(3).
- When using the Service you must not:
- Create more than one Account on the Service.
- Give any false or misleading information in your Account details.
- Permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you.
- Use the Service if we have suspended or banned you from using it.
- Send junk, spam or repetitive messages.
- Engage in any illegal or unlawful conduct including selling or intentionally purchasing any fake or counterfeit items or any item that otherwise breaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of items (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a item where the seller is a business).
- Modify, interfere, intercept, disrupt or hack the Service.
- Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
- Collect any data from the Service other than in accordance with these Terms of Service.
- Submit or contribute any User Content (including comments and descriptions relating to items) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as ESOOKO may decide in its absolute discretion.
- Unfairly or unlawfully interfere or manipulate any ratings system or user feedback system.
- Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing).
- Offer to sell or buy any of the items we list as prohibited items - items - ESOOKO has a zero tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.
- Purchase or sell an item by making direct arrangements with the buyer or the seller to use a payment method other than Stripe.
- Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us (as specified in section 11).
- Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- Mine data, screen scrape or crawl any part of the Service.
- Disassemble, decompile or reverse engineer any part of the Service.
- Adapt, copy, vary, edit, distribute or commercialise any content in the Service without the prior written consent of ESOOKO.
- Circumvent any technical measures implemented to protect or provide the Service.
- Use the service to drop ship.
- Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):
- immediate, temporary or permanent withdrawal of your right to use our Service;
- immediate, temporary or permanent removal of any User Content (including the removal of items listed on the Service);
- issuing of a warning to you;
- legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation, we may temporarily withdraw your right to use our Service or remove User Content (including the removal of items listed on the Service) without notice to you.
- The responses described in section 8.5 are not limited, and we may take any other action we reasonably deem appropriate.
9. Notice and takedown policy
- Any person may contact us by sending us an “Infringement Notice” if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be by email to firstname.lastname@example.org. Please provide the information described below in the Infringement Notice:
- your name and contact details;
- a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
- a link to or such other means of identifying the problematic content.
- We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
10. Advertisements on the Service
11. Seller commission
- The seller of any item will pay us a commission on the total transaction amount received by the seller (including VAT and any other applicable taxes, if any, and shipping costs) in respect of any transaction (the “Commission”).
- Part of the commission will be donated to one of the environmental initiatives ESOOKO is partnered with. It is the seller’s decision which one of ESOOKO’s partners their transaction will help support.
- Our Commission will be deducted from the funds transferred to you via Stripe.
- We will provide the seller of the item with an invoice detailing the Commission.
- The Commission is inclusive of VAT or other sales taxes (where applicable).
12. Buyer Charge
- The buyer of any item will pay us an additional charge on the total transaction amount received by the seller (the “charge”).
- Part of the charge will be donated to one of the environmental initiatives ESOOKO is partnered with. It is the buyer’s decision which one of ESOOKO’s partners their transaction will help support.
- We will provide the buyer of the item with an invoice detailing the charge.
12. Ending our relationship
- If at any time you decide you can no longer agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
- If you wish to end your use of the Service, please contact us at email@example.com from the email address linked to your account and ask us to deactivate your Account. Where such a request comes from someone who is not the account holder, we may ask you to provide proof of who you are and your relationship to the User in question, and any other documents we may reasonably require.
- We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Service.
- We may also withdraw the Service for any reason, without notice, at any time and without any liability to you.
- If you or we end your use of the Service or we withdraw the Service as described in this clause, we may delete or modify your User Content, Account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. We will not offer you compensation for any losses. You should note that even if your Account is deactivated, some of your data may persist and appear within the Service, for example where your User Content has been re-shared by others.
13. Our liability/responsibility to you
- You alone decide whether to proceed with a sale or purchase of an item. As such, we make no commitments regarding the items including the quality or delivery of the items, or for honouring (or causing any seller to honour) any erroneous information regarding the price, description and availability of, or any information relating to any items promoted or available through our Service, or the ability of the buyer to complete any purchase of the items.
- Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
- ESOOKO is not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Service.
- You may be able to access third party links/websites/products via the Service. ESOOKO is not responsible or liable for any third party links/websites/products which may be accessed by you at your sole option. Your access to and use of such third party links/websites/products and services shall be solely at your own risk and subject to your acceptance and compliance with the separate terms and conditions of such third party.
- To the maximum extent permitted by the law, our total responsibility for any claims relating to a transaction is limited to the Commission payable in connection with that transaction.
- For any other claims arising out of the provision of the Service (including without limitation any dispute between users where this does not fall within paragraph 5 above, in relation to any content you access via the Service, or any other user you interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise), except where we cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by our negligence).
- We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.
14. Your responsibility to us
- If ESOOKO is sued due to an action or inaction by you (including a breach of these Terms of Service) then we have the right, at our discretion, to request that you indemnify us (i.e. cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. Where we decide to conduct the defence of such a claim, you agree to assist us as reasonably requested.
15. Resolving disputes
- If you have a dispute relating to a transaction, you must open the dispute with your bank. Once the dispute has been opened, you are able to submit evidence to support your claim through the dashboard of your stripe account or via the API. More information can be found here:
- The seller is responsible for the shipment of the Item to the buyer.
17. Changes to the Service
- We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
- In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service “changes to the Service”. These changes to the Service may affect your past activities on the Service, features that you use and your User Content “Service Elements”. Any changes to the Service could involve Service Elements being deleted or reset.
- You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service or deactivate your Account by contacting us at firstname.lastname@example.org from the email address linked to your account.
18. Changes to these Terms of Service
- We may revise these Terms of Service from time to time and any changes will take effect after 3 days of any notification email sent to you notifying you of any changes, or at the time the revised Terms of Service are posted (whichever is the earlier) and your continued use of the Service shall constitute acceptance of such revised Terms of Service.
- Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
- We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
- Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
19. Documents that apply to our relationship with you
- The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you.
- We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
- If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
20. Law and general provisions
- As we are based in England, English law will apply to all disputes and the interpretation of these Terms of Service. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service. These Terms of Service do not exclude any mandatory legal rights you may have or obligations ESOOKO may have in your country of residence, where ESOOKO is not allowed to exclude such as a matter of law.
- We may assign any of our rights and obligations under these Terms of Service.
- These Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and ESOOKO.
- ESOOKO will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances ESOOKO will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Service and ESOOKO other commitments.
- No third party or (except, where applicable, the permitted assign of ESOOKO) is entitled to the benefit of these Terms of Service under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
21. Contact, feedback and complaints
- If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at email@example.com with the subject line 'Terms of Service'.
- We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.