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Terms & Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Wazzey.com Website and the Wazzey Mobile Application (together, or individually, the "Service") operated by Wazzey ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You can not create an account or use our services if you are not able to form legally binding contracts (for example if you are under 18 years old). You can not create a new account if you are temporarily or indefinitely suspended from using our sites, services, or applications.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Payments and Fees

Joining, selling and setting up a shop on Wazzey is free. There is no charge for opening a shop or fees for listing an item for sale. Wazzey will take a percentage of the sale price when the item sells. Wazzey may, at our sole discretion, change some or all of Wazzey's services or fees at any time. The fees for service can be found on our Policies and Regulations page. Any changes will be made and posted there and it is solely your responsibility to regularly check to determine if there have been changes to the services and/or fees. If we introduce a new service, the fees for that service are effective at the start of the service. 

Sellers will need to have a PayPal account to list and sell items. You will receive all payments directly from the buyer into your PayPal account for each sale. In order to list and sell on Wazzey you will need to accept our Monthly Billing Agreement through PayPal. On the first of each month, your amount due for the prior month is automatically deducted from your PayPal account. PayPal is a safe, convenient way to pay your Wazzey fees.

You are responsible for paying all fees and/or memberships of our service along with all applicable taxes. Fees will be automatically calculated from each sale and will be billed/withdrawn directly from your confirmed PayPal account. In an instance where a seller owes fees, we hold the right to mail or email an invoice detailing the amount due. Sellers will need to make payment for the amount due in full within 14 days of the date on the invoice.

Sellers are required to list prices and shipping costs for the items you sell through the Wazzey Website and/or Application. We reserve the right to adjust the prices or shipping costs displayed to users to optimize sales for our sellers. This does not affect the amount or percentage you will receive for each transaction.

Listing/Seller Obligations and Guidelines

All sellers take full legal responsibilities for their listings and what they are selling. Wazzey will not be held responsible in any way for any listings that violate our Terms and Conditions or any law, statue, ordinance or regulation.

You must be legally able to sell any item or items which you list on our site for sale. You will be required to describe your item along with any terms of sale on the listing page. Your listings may only include content relevant to that item in which you are selling. Every item needs to be listed in its appropriate category with appropriate tags. You will need to accurately describe the item you are selling. If the listing quantity is more than one, all items in that listing must be the same. You will need a separate listing for every unique item.

All sellers are encouraged to outline their personal shop policies for their Wazzey shop. These policies may include, for example, delivery, refunds and returns, payment and selling policies. All sellers must create fair and sensible policies in good faith and abide by such policies. All shop policies must comply with Wazzey's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Wazzey reserves the right to request that a seller modify any policy in a sellers shop.

All sales are final. A seller is obligated to ship and complete all transactions with buyers in a timely manner unless there is an exceptional circumstance.

Terminations of listings and closures of accounts will still require you to pay us for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, we reserve the right to attempt to collect fees. The seller risks additional penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, please Contact Us.

All prices stated in each listing must be an accurate representation of the sale. No manipulation of any kind to a listing is allowed. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. Neither buyer nor seller may manipulate the price of any item for any reason.

Purchases

If you wish to purchase any item or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

A buyer is required to complete the transaction of a purchase of an item on our website. A buyer is required to immediately pay in full using PayPal, Credit Card, PayU, or by Bank Transfer.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: item or service availability, errors in the description or price of the item or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Refunds and Returns

You can initiate a refund or return on items from your Account Dashboard page. Simply click on ‘Refund’ button under Order Status next to the item you wish to request a return or a refund. You can also initiate a refund through PayPal's Resolution Center. All refunds and returns will need to meet the seller's Refund Policy. Transactions will not be eligible for a refund or return for any reason after 60 days of purchase date.

Wazzey can in no way be held responsible for any refunds or returns. We can help with the resolution of a refund or return between the seller and buyer within 30 days of delivery.

Resolving Disputes and Release

In the event a dispute arises between you and Wazzey, please Contact Us.

Any dispute arising from or relating to the subject matter of these Terms and Conditions shall be finally settled by arbitration, using the English language. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Terms and Conditions, including without limitation, this section.

Should you have a dispute with one or more users, or an outside party, you release Wazzey, its directors, employees, partners, agents, suppliers, or affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Any dispute on any transaction with one or more users needs to be handled through PayPal's Resolution Center.

Wazzey, may try to help users resolve disputes between users and sellers. We do so in our sole discretion, and Wazzey has no obligations to resolve disputes between users and sellers or between sellers and outside parties. To the extent that Wazzey attempts to resolve a dispute, Wazzey will do so in good faith based solely on our policies. Wazzey will not make judgments regarding legal issues or claims.

General Prohibitions

You must agree that your actions and/or listings on our website shall not:

  • be false, misleading or inaccurate in any way
  • be fraudulent or involve in the sale of illegal, counterfeit, or stolen items
  • infringe upon any third party's copyright, patent, trademark or other proprietary or intellectual property rights or rights of publicity or privacy
  • violate any law, statute, ordinance or regulation
  • be defamatory, harassing or threatening
  • be obscene or contain child pornography
  • contain any viruses, Trojan horses, worms, or other computer programming routines that may damage the website and users or steal data or personal information
  • link directly or indirectly to anything that is prohibited under these terms, the Privacy Policy, the Copyright and Intellectual Property Policy, the Policies and Regulations or any other policy documents and guidelines that are posted on Wazzey

It is prohibited on Wazzey to sell fake, counterfeit, replica, or knock-off items. Items that bear an official brand or logo of a manufacturer that were not lawfully made by, for or with the consent of such manufacturer are also prohibited.

It is prohibited on Wazzey to sell replicas, "no brand", "look-a-like" or "inspired-by" pieces, and any merchandise that resembles designer items. If any of these items are listed, sold, or reported to us the seller will be penalized through our Copyright and Intellectual Property Policy.

In no way can your item listings, images or text infringe on the Intellectual Property of others. This includes, but is not limited to: copyright, trademarks, and patents. If we determine in our sole discretion, that you are infringing any intellectual property, or selling any prohibited or counterfeit items, you agree that, without limiting any of Wazzey’s rights under these Terms and Conditions or at law, Wazzey may in our sole discretion cause withdrawals to you to be withheld or forfeited as well as suspend or terminate your selling privileges.

To ensure counterfeit items are not listed and sold along with protecting the intellectual property rights of others, Wazzey has implemented the WACCI program. This allows any brand or intellectual property right owner to directly notify Wazzey about any issue there are with any items being listed and sold on Wazzey.com. Even though the responsibility is of the sellers, Wazzey wants to 100% comply and help the fight against counterfeits. Please see our Copyright and Intellectual Property Policy.

Sellers will be required to accept returns on prohibited items along with being responsible for the return cost of shipping.

You may not list any item on Wazzey or make any transaction that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Terms and Conditions.

If we determine in our sole discretion, that you are infringing any intellectual property, or selling any prohibited or counterfeit items, you agree that, without limiting any of Wazzey’s rights under these Terms and Conditions or at law, Wazzey may in our sole discretion cause withdrawals to you to be withheld or forfeit and/or suspend or terminate your selling privileges.

Restricted Items

Before listing your item, make sure Wazzey allows the sale of it on our marketplace. You will also need to make sure that the sale of your item complies with all laws. Restricted items are not allowed to be sold on Wazzey or our Mobile App without exception. Wazzey will not be held liable or responsible in any way for any listed item that is on or off of our Restricted Items list. See the Restricted items below:

  • Adult Only Items
  • Alcohol
  • Animals and wildlife products which include live animals, mounted specimens, ivory, etc.
  • Art that is not your own or you are not authorized to sell or resell
  • Artifacts, any grave-related items, and Native American arts and crafts
  • Catalytic converters and test pipes that are prohibited
  • Cell phone or any type of wireless service contracts
  • Charity and fundraising items and listings
  • Clothing that is used and has been worn as an undergarment including underwear, jock strap, etc.
  • Contracts of any kind
  • Counterfeit currency and stamps
  • Coupons
  • Credit cards
  • Currency
  • Drugs and drug paraphernalia of any kind
  • Electronics equipment which include cable TV de-scramblers, radar scanners, traffic signal control devices or any other illegal electronic equipment
  • Electronic surveillance equipment which include wiretapping devices, telephone bugging devices, etc.
  • Embargoed goods and prohibited countries which include items from Cuba into US, etc.
  • Event tickets that violate any laws
  • Firearms, weapons, and knives which include pepper spray, replicas, stun guns, military items, etc.
  • Food and healthcare items
  • Gift cards
  • Government documents, IDs, and licenses
  • Government, transit, and shipping-related items which include airplane operations manuals, subway employee uniforms, U.S. Postal Service (USPS) mailbags, etc.
  • Hazardous, restricted, or regulated materials which include batteries, fireworks, refrigerants, etc.
  • Human remains and body parts
  • Importation of goods into a company it is restricted which include DVDs, CDs, etc. intended only for distribution in a certain country
  • International trading of any kind
  • Items encouraging illegal activity which include an eBook describing how to create an illegal narcotic, etc.
  • Lock picking devices
  • Lottery tickets
  • Mailing lists and personal information
  • Medical drugs, devices, and healthcare which include prescription drugs, contact lenses, pacemakers, surgical instruments, etc.
  • Multi-level marketing, pyramid, matrix programs, etc.
  • Offensive material which include ethnically or racially offensive material, Nazi memorabilia, etc. 
  • Pesticides
  • Plants, weeds and seeds that are on any restricted list                          
  • Police-related items
  • Political memorabilia and reproduction of
  • Postage meters
  • Prescription drugs
  • Prohibited services that are illegal or break any law
  • Real estate
  • Recalled items
  • Slot machines or any gambling related items
  • Stamps
  • Stocks and other securities
  • Stolen property and stolen items
  • Surveillance equipment
  • Tobacco and tobacco related items
  • Travel Related Items and Packages 

Advertising and Marketing

By listing and selling on Wazzey you agree to let Wazzey advertise and/or market your listings on any and all websites or social media outlets at any time and as we desire. This includes the rights to use the photographs, prices, details, and any other part of the listing you post on Wazzey.

Contests, Sweepstakes and Promotions

Any contests, coupons, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Wazzey has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Wazzey or used with permission. You may not distribute, modify, transmit, reuse, download, re-post, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Personal information including shipping information may be obtained from a Wazzey user as part of a transaction. Without obtaining prior permission from the user, this personal information shall only be used for that transaction or for communications through about the Wazzey transaction. Wazzey does not grant you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Wazzey user to your email or physical mail list. 

Re-Posting of Content: By posting Content on Wazzey, it is possible for an outside website or a third party to re-post that Content. You agree to hold Wazzey harmless for any dispute concerning this use.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@wazzey.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can submit a Copyright Cliam through our Copyright and Intellectual Property Policy or contact our Copyright Agent via email at support@wazzey.com

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Wazzey and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Wazzey.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Wazzey.

Wazzey has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Wazzey shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you will still be held responsible for all customer service, refunds, and returns for all sales made using our Website or Mobile Application.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Wazzey and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Wazzey, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

No Guarantee

Wazzey does not guarantee continuous, uninterrupted access to the Website, and Application. Operation of the Website and/or Application may be interfered with by numerous factors outside Wazzey's control.

Severability

If any provision of these Terms and Conditions are held to be unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms and Conditions shall remain in full force and effect. 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Wazzey its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New York in the United States of America, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Privacy

By using the Wazzey website, Wazzey Mobile Application, any service offered through Wazzey, or becoming a registered user, you agree to be subject to these terms and conditions, as well as our Privacy Policy and Policies and Regulations.

Changes

We reserve the right, at our sole discretion, to modify, replace or delete any portion of these Terms at any time, without liability or prior notice to you. Your continued use of the Website and/or App constitutes your acceptance of and agreement with any and all such changes. It is solely your responsibility to regularly check the Website or App to determine if there have been changes to the Terms of Service and to review such changes. If you disagree to abide by these or any future Terms and Conditions please do not access or use (or continue to access or use) the Website or App. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and 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 sales of items you make on the Site (excluding any taxes on Wazzey's net income).

Contact Us

If you have any questions about these Terms, please Contact Us.

Last updated: March 3, 2016