Terms and Conditions | Tindio Marketplace

Terms and Conditions

Terms and Conditions

No, no, we don’t mean your muddy shoes, your melted-ice cream or even your crying baby girl, this is a virtual marketplace any way :D We put some rules to create a homelike trustworthy experience inside Tindio for you, stores and shoppers, uplifting the online shopping entirely. We will refer to our different services (including our website, mobile apps and other services) as “Services”. By using one of our Services, even by browsing our website, you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. You with us? Kindly read and follow:
1. Your Account with Tindio
You’ll need to create an account with Tindio to use some of our Services. Here are a few rules about accounts with Tindio:

A. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.

B. Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.

C. Choose a nice username. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.

D. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
2. Your Content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our Services, you grant Tindio a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Tindio function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.

C. Rights You Grant Tindio. By posting Your Content, you grant Tindio a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Tindio web, your Tindio mobile app, or the Services in general, in any formats and through any channels, including across any Tindio Services or third-party website or advertising medium.
That sounds like a lot, but it’s necessary for us to keep Tindio going. Consider these examples: if you upload a photo of a listing on your Tindio shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile app and if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Tindio’s

D. Reporting Unauthorized Content. Tindio has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.

E. Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Tindio’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
3. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; and don’t commit fraud, theft or any other crimes against Tindio, another Tindio user or a third party.

B. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

C. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Tindio (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

G. Talk to Us Online. Tindio will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
4. Termination
Termination By You. We hate to see you go, but you may terminate your account with Tindio at any time from your account settings.

Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination.

Termination By Tindio. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. Tindio may refuse service to anyone, at any time, for any reason.
If you or Tindio terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. Tindio reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
5. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Items You Purchase. You understand that Tindio does not manufacture, store or inspect any of the items sold through our Services. We provide a marketplace for stores with NO FEES or COMMISSIONS and the items in our marketplace are produced, sold and delivered to you directly by independent sellers, so Tindio cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Tindio from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Tindio is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Tindio is not a party to those agreements; they are solely between you and the third party.
6. Disputes with Other Users
If you find yourself in a dispute with another user of Tindio’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our website or mobile apps may participate in our Case System. Tindio will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Tindio has no obligation to resolve any disputes.

Release of Tindio. You release Tindio from any claims, demands and damages arising out of disputes with other users or parties.
7. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following:
(1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

Terms of Merchant Sale

Any Seller who wants to access the Site or Applications for use of the Services to sell Merchandise must accept the terms and conditions of this Merchant Agreement without change. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS MERCHANT AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SITE THAT ARE INCORPORATED BY REFERENCE. Tindio reserves the right to change any of the terms and conditions contained in this Merchant Agreement or any policies or guidelines governing the Site, Applications or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING TINDIO’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS MERCHANT AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES, THE SITE OR APPLICATIONS.
1. Eligibility
Use of the Site, Applications and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number, e-mail address, tax identification number and valid banking information. You represent and warrant that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for the Services within such country; and (b) you have all requisite right, power and authority to enter into this Merchant Agreement and perform your obligations hereunder. If for any reason, Tindio, in its discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to the Seller, to suspend or revoke any and all licenses under this Seller Agreement or to refuse to provide the Services of the Site to the Seller under this Seller Agreement.

Tindio uses third party service providers (“Payment Service Providers”) for customer and merchant payment services and settlements (e.g. card acceptance, payment alternatives, merchant settlement and related services). By making use of some or all of these payment services on the Site you agree to be bound by the Payment Service Providers and terms and conditions and hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our Payment Service Providers to the extent required to provide the payment services to you.
2. Sellers' Listing Fees and Payment Terms
All fees for use of the Site and Applications are listed as a percentage of final sale price unless stated otherwise and are incorporated herein by reference. All fees and payment terms may vary in the future. The fee and payment terms in effect on the date of sale of the Merchandise shall govern the transaction. You should check the fees and terms each time you participate. All fees are added to the final transfer of funds to the Seller. By listing an item for sale on the Site, you authorize Tindio to add any fees to amounts due.
3. Tindio Role
Tindio provides a platform for Sellers and buyers ("Buyers") to complete transactions. Tindio is not involved in the actual transaction between Sellers and Buyers and is not the agent of Sellers except for the limited purpose of processing payments and has no agency authority for any other purpose, and Tindio is not the agent of Buyers for any purpose. As a Seller, you may list any item on the Site unless it is a prohibited item as defined in the Site’s Terms of Service, this Merchant Agreement or otherwise prohibited by law. Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale. As a Seller, you use the Site and the Services at your own risk.

As the Seller, you acknowledge that, by only providing you with the ability to publish, sell and distribute your own or third party products, services or content, the Services act only as passive conduits for the distribution and/or publishing of such products. Tindio has no obligation to you or any third party, and undertakes no responsibility, to review your sale, the products listed therein or any other content to determine whether any such product, service or content may incur liability to third parties. Notwithstanding anything to the contrary herein, if Tindio believes in its discretion that your sale or any products, services, content or other materials in the listing or on Tindio servers may create liability for Tindio or harm other users of the Services, then you agree that Tindio may take any actions with respect to the content or materials or listing that Tindio believes are prudent or necessary to minimize or eliminate our potential liability or to protect other users of our Services.
4. Merchant Responsibilities
Seller is solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content of the sale posted to the Site, including all descriptions of Merchandise and disclosure and warnings of product materials that are required to be disclosed by any applicable domestic and international laws, statutes, ordinances and/or regulations where the Merchandise is offered for sale. If you have reason to believe that your sale is in violation of any law or the rights of any third party, you will promptly send notices to us using the functionality for contacting Tindio as provided on the Site. Notwithstanding anything contained in the foregoing, if you breach any of the terms of this Merchant Agreement, Tindio is entitled to suspend or terminate your sale(s) and/or any access to information or data related to your merchant account.
5. Merchant Registration
IN ORDER TO SELL MERCHANDISE ON THE SITE, YOU MUST REGISTER YOUR MERCHANT INFORMATION ON THE SITE. You must provide us true and accurate information when registering and must maintain and update that information as applicable. Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes us to verify his or her information (including any updated information), to obtain credit reports about Seller in order to approve Seller for use of the Site and to obtain an initial credit authorization from Seller's bank account at time of registration.

a. Tindio and any third party agents designed by Tindio facilitate the purchase of Merchandise listed on the Site. A Buyer's authorized credit card or other form of payment ("Payment Transaction") is credited to a registered Seller's account, and funds are periodically transferred to the Seller's designated checking account ("Seller's Account"). The Buyer may authorize a Payment Transaction with any major credit card accepted by Tindio or a coupon code, referral credit or gift card(s) issued by Tindio or any combination thereof. Receipt of Payment Transaction funds by us on a Seller's behalf will be deemed receipt of funds by Seller and will satisfy the obligations owed to Seller by the Buyer in the amount of the applicable Payment Transaction. Upon completion of a Payment Transaction a receipt indicating that payment has been made will be furnished to the Buyer. Our obligation to remit funds collected by us on your behalf will be limited to funds that we have actually received and that are not subject to chargeback or reversal. Tindio and any third party agents designed by Tindio help facilitate Payment Transactions and are not the purchaser of the Seller's goods. Seller will resolve any dispute directly with Buyer or with the assistance of Tindio.
b. The Site is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance. We can initiate Payment Transaction credits to Seller's Account only on a Business Day when the automated clearinghouses are open for business. For purposes of this Merchant Agreement, a Business Day is a Sunday through Thursday, excluding Egypt banking holidays. We will inform you of each completed transaction using our standard procedures.
c. You may provide refunds or adjustments to Buyers for their purchases through the Site using functionality we enable for your account. This functionality may be modified or discontinued by us at any time without notice and is subject the terms of this Merchant Agreement. You only use functionality provided by the Site to create invoices for sales processed through the Site or Applications.
d. We will initiate a transfer to the Seller on a rolling basis for the total amount of Payment Transactions received from Buyer's authorized credit card transactions, less any refunds, adjustments, or other amounts paid to Buyers in connection with purchases as well as applicable Seller fees. In the event that the Buyer submits payment, or partial payment, to the Seller via Tindio issued gift card, coupon code or user earned referral credit, Tindio shall be responsible for transferring the value of such portion of the Buyer’s transaction to the Seller upon deposit of payment.
e. Transfers to the Seller's Account will generally be credited within five Business Days of the date we initiate the transfer and after the product warranty period (15 days) of receiving the order.
f. As a security measure, we may, but are not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. We will not be liable to Seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason, or (ii) if we permit a Buyer to withdraw from a transaction because the Site or Applications are unavailable following the commencement of a transaction.
g. If we reasonably conclude based on information available to us that Seller's actions and/or performance in connection with the Services may result in Buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with the Services or this Merchant Agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any Seller actions and/or performance in connection with this Merchant Agreement. We will not be liable to Seller if we act in accordance with the provisions of this Section.
h. All notices will be sent by e-mail or will be posted on the Site. We will send notices to Seller at the e-mail address maintained in Tindio records for Seller. Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us. Seller will send notices to us using the functionality for contacting Tindio as provided on the Site.
i. There is no fee for registering to sell on the Site or Applications. The fees for sales processed via the Site or Applications are deducted from any final payments transferred to Sellers. We may, in our sole discretion, waive, reduce, or reverse charges or fees for a specific transaction.
j. We may refuse service to anyone for any reason. We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by Buyer and our bank account being debited to pay Payment Transaction credits to Seller. Seller will bear all risk of credit card fraud fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) or loss in connection with Payment Transactions. We will not bear the risk of credit card fraud in connection with any of Seller's products that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. We reserve the right to seek reimbursement from Seller if we, in our sole discretion, decide to reimburse Buyer, provide a refund to Buyer if Seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from Buyer's credit card issuer for the amount of Buyer's purchase from Seller. We may obtain reimbursement of any amounts owed by Seller to Tindio by deducting from future payments owed to Seller, reversing any credits to Seller's Account, or seeking such reimbursement from Seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your checking account.
k. Seller may terminate his or her participation in the Site or Applications at any time by informing us using the standard method then-currently provided by Tindio for such termination, and we may terminate Seller's participation in the Site or Applications at any time without notice to Seller. Upon termination, Seller must pay us whatever fees were incurred prior to the effective date of the termination. Also upon termination, any pending transactions will be canceled.
m. We reserve the right, upon termination,to set off against any payments to be made to Seller, an amount determined by us to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to Buyers in connection with purchases from Seller's Account for a prospective three-month period. At the end of such three-month period following termination, we will disburse to Seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to Buyers, or seek reimbursement from Seller via any of the means authorized in Section 5.k. above for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to Buyers, as applicable.
6. Reservation of Rights
Tindio retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site, Application and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Seller not to list, any or all products in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of your transactions. You will stop and/or cancel orders of your products if we ask you to do so (provided that if you have transferred your products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund any customer (in accordance with this Merchant Agreement) that has been charged for an order that we stop or cancel.
7. Seller Obligation
By entering into this Merchant Agreement and posting a listing for sale, Seller agrees to complete the transaction as described by this Merchant Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

You covenant that any products, services, or content published and listed shall not violate Tindio's Terms of Service as it may be amended from time to time, or any of the following:

a.Be false, inaccurate or misleading;
b.Be fraudulent or involve the sale of counterfeit, stolen or infringing items;
c.Infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
d.Violate any law, statute, ordinance or regulation (including those governing privacy, publicity, export control, consumer protection, intellectual property, gambling, unfair competition, antidiscrimination, criminal activities or false advertising);
e.Be defamatory, libelous, offensive, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
f.Be obscene or contain adult items, nudity or child pornography;
g.Contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
h.Involve the transmission of any unsolicited commercial or bulk email (known as "spamming") and you shall not use your account as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid, ponzi schemes or the like;
i.Involve the collection, sale or transmission of, or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent you shall maintain a written record for a period of three (3) years after any termination of this Merchant Agreement;
j.Be harmful or potentially harmful to Tindio’s Server structure as determined Tindio’s discretion, including without limitation overloading the Tindio’s technical infrastructure;
k.Create liability for Tindio and its subcontractors or expose them to undue risk or otherwise engage in activities that Tindio , in its sole discretion, determines to be harmful to Tindio, its affiliates, operations, reputation, or goodwill; and
l.Link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate this Merchant Agreement; and Seller agrees not to publish, offer for sale, sell or otherwise distribute any of the following items on, through or connected with your sale:
a.Blood, bodily fluids or body parts;
b.Burglary tools;
c.Counterfeit items;
d.Illegal drugs and drug paraphernalia;
e.Fireworks, destructive devices and explosives;
f.Identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);
g.Lottery tickets, sweepstakes entries or slot machines;
h.Obscene material or child pornography;
i.Offensive material or hate speech;
j.Police badges or uniforms;
k.Prescription drugs or devices;
n.Recalled items;
o.Prohibited services;
p.Stocks or other securities;
q.Stolen property; or
r.Any product or service that is illegal or marketed or sold in such a way as to create liability for Tindio.

You further agree not to publish, offer for sale, sell or otherwise distribute any of the following items, except as permitted by, and in full compliance with, all applicable federal, state, local and other laws:
a.Digital files that you do not own or have all necessary rights or license to store, display, perform, copy and distribute;
b.Event tickets;
c.Food items;
d.Tobacco products;
e.Alcoholic products;
f.Hazardous, restricted or perishable items;
h.Animals, animal products, plants and seeds;
i.Charitable services or goods and fundraising;
k.Currency and stamps;
l.Used items, such as clothing or, bedding and cosmetics;
m.Adult items or pornography;
n.Content or material that is infringing or otherwise violates the law, including: music; movies; e-books; games; videos; photographs and software; or
o.Weapons and other related items, including, without limitation, firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons.
8. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following:
(1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
Any questions about these
Terms and Conditions should be sent to info@tindio.com.
Copyright 2017 Tindio, Inc. All rights reserved.