Terms of service

1.  About UNTAGGED and these Terms of Service

  1. UNTAGGED is a fashion resale app which allows users (the “Users”) to buy (“Buyers”) and sell (“Sellers”) their secondhand items (“Items”) with each other via listings they make within the UNTAGGED application (the “App”) which we make available for download through an app store on your mobile device (the “Service”).
  2. The Service is operated by Sharewear Limited, incorporated and registered in England and Wales under company number 12195583 and with registered office at 209 New Park Road, London SW2 4HN, UK (“we”, "our, or “us”).
  3. UNTAGGED is not a party to any Transactions between Users. UNTAGGED does not buy or sell the Items shown on the App.
  4. 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.
  5. 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.
  6. Third parties’ terms and conditions. Certain features of the App use tools and services provided by third parties, which may be governed by separate terms and conditions. For example, to make and receive payments through the App via Stripe, you will be subject to the Stripe Connected Account Agreement and the Stripe Services Agreement.
  7. Changes to these Terms. UNTAGGED may amend these Terms from time-to-time. We will inform Users about any changes. If you are not satisfied with the changes, you may terminate your relationship with UNTAGGED.
  8. We may make changes to the App to improve the Users’ experience and reflect different business priorities.

 

2.     Setting up an Account

  1. To access our Service, you must register with us and set up an account with a username and password (your “Account”). 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 are responsible for keeping your username and password safe.
  2. 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. UNTAGGED 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. The UNTAGGED 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.    Listing an Item

  1. To create a listing on our site you need to upload photos of the item and a short description. The photos and description must be a true reflection of the item, and include any information on faults and defects.
  2. Include in the listing the cost of postage of the item in the UK, used a tracked service (unless as a Seller you are happy to cover the cost of the postage in the listing price).
  3. By creating a listing the Seller must have the right to transfer ownership of the item.
  4. The item must not violate any local, national or international law and must not be counterfeit.
  5. In order to sell an item for sale on UNTAGGED, you must create a Stripe account linked to a verified bank account (to enable you to receive payment for your item once it has sold). To use Stripe to make or receive payment, you will be subject to the Stripe Connected Account Agreement and the Stripe Services Agreement.
  6. The Seller may withdraw a listing at any time, before agreeing a sale with a Buyer.
  7. Content Removal: We do not check or moderate any Listing before it is added to the Service by users. We may later check, moderate, reject, refuse or delete any Listing if we think that it breaks any of the Rules of Acceptable Use, or we believe it is against the ethos of UNTAGGED.


4.    Buying and Selling an Item

  1. Users may purchase an item by clicking the ‘Buy It’ button.
  2. Payment for transactions must take place via our payment provider Stripe. To make payment for a purchase, Users will need to input their credit/debit card details or use Apple Pay. Payment will be taken immediately, and will include the cost of the item, any postage charged by the seller, and a payment processing fee charged by our payment provider Stripe.
  3. Once payment has been made, it will be held in an Escrow account to enable the item to be sent by the Seller and received by the Buyer. Payment will be transferred to the Seller 10 days after the item has been marked as sent by the Seller in the App.
  4. It is the Seller’s responsibility to promptly send the Item to the Buyer. We strongly recommend always using a Tracked service with adequate insurance so you are covered should an item go missing. Once the item has been sent, the Seller must click ‘Mark as Sent’ on the listing within the App to initiate the 10-day period after which they will receive payment.
  5. The Seller will see the postage address the Buyer has inputted into their Profile. If the Buyer wishes the Seller to send the item to a different address, they must discuss this using the in-app chat functionality prior to buying the Item.
  6. UNTAGGED is not the seller of any Items, and we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of the 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.
  7. Both the Buyer and the Seller acknowledge that completion of the checkout process by the Buyer creates a legally binding agreement between the Buyer and the Seller based on (i) the description and photographs of the Item, (ii) the conditions agreed upon between the Buyer and Seller and (iii) the relevant conditions included in these Terms. The Buyer undertakes to pay for the Item and the Seller undertakes to transfer ownership of the Item. For the avoidance of doubt, UNTAGGED is not a party to this agreement. The consumer rights stemming from UK and (to the extent applicable) European consumer protection law do not apply to this agreement.

 

5.    Disputes

  1. Any agreement for and/or purchase of an Item is made solely between the Buyer and the seller. Complaints, questions and claims related to an Item should be directed to the Seller.
  2. If an Item is not received, the Buyer must contact the Seller to check the item was sent and ask for proof of postage. With proof of postage they must then contact the delivery provider and follow their process for compensation.
  3. If the item received is not as described, the Buyer must first contact the Seller to try to agree a resolution.
  4. To raise a dispute, click ‘Raise a Dispute’ on the listing in your Purchased Items or send an email to support@untaggedfashion.com. We will ask Sellers to provide proof of postage and Buyers to provide as much information about any issues with the item, including photographs.
  5. Where Buyer and Seller cannot agree resolution, UNTAGGED will try to mediate a resolution. If we find that the Buyer was correct in that the Item was not as described or was not delivered, subject to the Buyer returning the item to the Seller, the Seller agrees to refund the full sale price of the Sale.
  6. If as a Buyer or Seller you are regularly disputing transactions or being disputed, then we may investigate your account and your compliance with these terms of service. This may result in suspension of your account.

 

6.    Rules of Use

  1. You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
  2. Except as otherwise required by law, 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).
  3. When using the Service you must not:
  4. Create more than one Account on the App.
  5. Give any false or misleading information in your Account details.
  6. 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.
  7. Use the Service if we have suspended or banned you from using it.
  8. Send junk, spam or repetitive messages.
  9. 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 an Item where the seller is a business).
  10. Modify, interfere, intercept, disrupt or hack the App.
  11. 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.
  12. Collect any data from the Service other than in accordance with these Terms of Service.
  13. Submit or contribute to any Listings (including comments and descriptions relating to Items), or messages that contain unlawful content, nudity or violence, are abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as UNTAGGED may decide in its absolute discretion.
  14. Offer to sell or buy any of the items we list as prohibited items. UNTAGGED 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.
  15. Purchase or sell an Item by making direct arrangements with the buyer or the seller to use a payment method other than Stripe.
  16. 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.
  17. Mine data, screen scrape or crawl any part of the Service.
  18. Disassemble, decompile or reverse engineer any part of the Service.
  19. Adapt, copy, vary, edit, distribute or commercialise any content in the Service without the prior written consent of UNTAGGED.
  20. Circumvent any technical measures implemented to protect or provide the Service.
  21. 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):
  22. immediate, temporary or permanent withdrawal of your right to use our Service;
  23. immediate, temporary or permanent removal of any Listings;
  24. issuing of a warning to you;
  25. 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;
  26. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  27. 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 Listings without notice to you.
  28. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

 

7.     Your content and data

  1. By signing up to UNTAGGED, permission is given to UNTAGGED to contact you in relation to UNTAGGED services using the personal details that you have shared.
  2. You confirm that images, sounds, text or information that you submit or create whilst using the App will meet the Rules of Acceptable Use.
  3. 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.
  4. Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy Policy.
  5. 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 Depop.
  6. 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.
  7. You can remove your data and information from the UNTAGGED platform at any time by contacting support@untaggedfashion.com and requesting this, and UNTAGGED can provide you with all of your recorded data within 30 days of a request.

 

8.    Tokens (TT)

  1. Tokens are an in-app currency earned by users for completing missions within the App.
  2. Tokens are for indicative purposes only and cannot be exchanged for money.
  3. Tokens do not expire
  4. UNTAGGED has the authority to cancel tokens for any reason effective upon sending notice to you at the email address you provide when registering, or any other email address you may provide.
  5. Tokens have no value outside of the UNTAGGED App and must not be sold on or transferred to other users. Any breach of this will result in the user immediately being removed from the platform and they will forfeit any tokens they may have.
  6. Tokens are non-transferable.
  7. If for any reason your membership is terminated, you are not entitled to any tokens accrued.

 

9.    Tracking and Optimisation

By signing up to UNTAGGED, permission is given to UNTAGGED to use Facebook pixels, Google Analytics and Firebase (App analytics and feedback tool) to track conversions on the platform and optimize our platform processes.


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