1.1 This Terms of Service (“Terms”) governs your use of the Refash Pte Ltd websites, mobile applications and services (collectively, the “Services”). These Terms apply to all users of the Services, including but not limited to users who are sellers, buyers, business entities, or contributors of content, information and other materials.
1.2 Before using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and any additional terms and conditions referenced herein and/or available by hyperlink.
1.3 Refash reserves the right to change, modify, suspend or discontinue any of these Terms at any time. Your continued use of the Services after such changes have been posted shall constitute your acceptance of any revisions made to the Terms.
2.1 Subject to your compliance with these Terms, Refash grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
2.2 You shall use the Services in accordance with these Terms and shall not:
3.1 Some of the Services will require you to have an account with Refash (“Account”) by providing certain personal information and selecting a password. When you create an Account, you represent and warrant that you are capable of entering into and performing legally binding contracts under the applicable laws. If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
3.2 If you are under the age of 18, you must get permission from a parent or legal guardian to agree to the Terms and to use the Services and/or open an account.
3.3 You represent that all information which you provide is accurate, up to date, truthful and complete. Yor will be responsible for all activities under your Account which includes, but not limited to, (i) keeping your Account and password secure, (ii) immediately notifying Refash of any unauthorised use of your Account and/or password, (iii) ensuring that all information provided is accurate, up to date and complete.
3.4 You shall not set up multiple Accounts, transfer or sell your Account and/or password to another party for fraudulent or any other purposes. You must not use another user's Account without their permission.
4.1 In using the Services to create a listing and offer an item for sale, you agree to comply with the following:
4.2 Without prejudice to the rest of these Terms and Refash’s policies, you warrant, in respect of each item which you offer for sale on the Services (as the case may be), that:
4.3 All offers made and accepted through the Services are binding.
4.4 In completing the transaction with the buyer or seller, you may obtain personal information of that user, such as their mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
5.1 The Services allow users to create listings and share content, such as photos, data, text, links and other information (“Content”).
5.3 You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
5.4 Refash shall have the right, in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, Refash shall have the right to remove Content, without liability or the obligation to offer a refund, If the Content is in breach of these Terms, if Refash has received a complaint or notice of infringement in respect of the Content or if the Content is found to be otherwise objectionable.
6.1 Depending on your utilisation of the Services and add-on services, including but not limited to the number of listings and sales made, delivery requests or any additional services you may request in relation to your Account or listing, you may be charged service fees, commissions, delivery fees and/or fees and charges otherwise in relation to your Account, listing, sale or purchase (collectively, the “Refash Fees”).
6.2 The Refash Fees may be deducted from your sales, included in your purchase price or paid using a credit card or debit card via PayPal, or by way of other means of electronic transfer. You may also pay your Refash Fees through any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
6.3 You acknowledge and agree that:
7.1 For sales made through the Services, a payout may be made to the user in the form of Refash ite Credits, shopping vouchers or cash (collectively, the “Refash Payout”). The user must request for a payout and will be paid out to the user through electronic transfer, Refash Site Credits and/or physical or electronic shopping vouchers. The validation period for the Refash Payout will differ depending on the mode of payout chosen.
7.2 You acknowledge and agree that:
8.1 Refash will inform Seller when a sale and payment has been made. The Seller should then make the necessary arrangements to ship or drop-off the item to the buyer or the stipulated Refash offline stores or otherwise complete the transaction in a prompt manner.
8.2 The Seller must use your best effort to ensure that Buyer and/or Refash receives the purchased items within, whichever applicable, the time period specified.
8.3 The Seller will bear the risk attached to the delivery of the purchased item(s) up until the buyer or Refash receives the item, subject to the the mode of delivery and collection stipulated.
9.1 Refash will, to its best ability, ensure that the items held in its possession are handled with utmost care.
9.2 We will not be held liable for any damages, losses, shortages or damages for items in our possession.
9.3 Items that have been dropped-off or rejected by Refash must be collected within 14 working days of notification of drop-off or rejection. Items that have not been collected within the stipulated time will be donated or upcycled at the sole discretion of Refash without further reminders.
9.4 Items on consignment that are unsold after 60 calendar days will be donated or upcycled at the sole discretion of Refash without notice.
10.1 The Buyer or Seller may cancel the purchase or sale prior to payment being made. However, Sellers who frequently cancel orders will be penalised with lower visibility on Refash and/or their account will be suspended or terminated. A cancellation reason and message to the Buyer is required. Sellers, however, will not be penalised for cancelling an order at the Buyer's request.
10.2 Buyers may apply for the return of the purchased item within 14 days from purchase, subject to and in accordance with the Refash Return Policy. Please refer to the Refash Return Policy for further information.
10.3 Refash reserves the right to cancel any transaction.
12.1 You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Refash. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Refash. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Refash.
12.2 You are not authorised by Refash to use Refash’s trademarks, service marks, brand names, logos and other intellectual property in any advertising, publicity or in any other commercial manner without the prior written consent of Refash.
13.1 Refash respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please e-mail us in writing to firstname.lastname@example.org
13.2 Refash reserves the right to suspend or terminate your Account, listings and/or your access to the Services if you have been found to be infringing the Intellectual Property Rights of others.
14.1 You may deactivate your Account at any time by e-mailing us at email@example.com.
14.2 Refash reserves the right to, at its sole discretion, and without liability:
14.3 Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
15.1 You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
15.2 Refash does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Refash’s servers are free of viruses or other harmful components.
15.3 All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
15.4 The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Refash is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
15.5 No advice or information, whether oral or written, obtained by you from Refash or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Refash has no obligation to support or maintain the Services.
15.6 Refash disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. Refash is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.
16.1 You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the services is to request for termination of your account and/or discontinue any use of the services.
16.2 In no event shall Refash or its subsidiaries, affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of the use of the Services including without limitation death, bodily injury, emotional distress and/or other damages, whether or not the damages were foreseeable and whether or not Refash was advised of the possibility of such damages. Without limiting the generality of the foregoing, Refash’s aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of fees received by Refash in respect of the services giving rise to such claims. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
17.1 You will indemnify and hold harmless Refash, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
18.1 Refash does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Refash and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
19.1 You and Refash are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
19.2 If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.
19.3 Except as provided herein, any failure by Refash to exercise a right or require performance of an obligation in these Terms shall not affect Refash’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
19.4 You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
19.5 These Terms constitute the entire agreement between you and Refash and supersedes all prior or contemporaneous understandings and/or agreements between you and Refash.
20.1 You hereby agree that the laws of Singapore shall govern this Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
Effective on December 28, 2017