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Terms & Conditions

Last Modified: January 19, 2023

This TOU describes the terms and conditions that you must follow in order to use Sellpay.store. To use Sellpay.store, you must be at least 18 years old. By using the Website, you agree to abide by the Terms and Conditions of Use. The TOU may be changed at any time without notice, and any changes will be reflected in the TOU. If you do not agree to the terms, you should not use the website. Please review the Terms of Service often, as changes may occur. Your continued use of the Website following a change in the Terms of Service constitutes your acceptance of such change.  The Website is owned and operated by Sellpay Ltd. and is located at 5 Eshel Abraham St., Ramat-Hasharon, IL 4721905 ("Sellpay", "we", "our" or "us").

 

We connect sellers and buyers of various used electronics. Users have an opportunity to submit offers for the sale of their cell phones, tablets, and wearables ("Product"). We then, forward device data to our buy partners which then send us offers to buy the specific device. After a partner is chosen, user is then requested to send the device to the partner warehouse to verify the device type and condition. Upon approval from the partner the user is paid through his/her preferred payment mechanism.

 

The Website, including without limitation, any information, software, photographs, images, video, audio, graphics, or text on the Website ("Content"), along with all patents, copyrights, trademarks, trade dress, domain names, trade secrets, and other proprietary rights therein, are owned exclusively by Sellpay, LTD and various third party owners. We grant you a non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your own personal use, and for no other purpose, under this TOU. The Website or any of the Content cannot be modified, published, transmitted, translated, participated in the transfer or sale, created derivative works, or exploited in any way. You are not permitted to copy, redistribute, retransmit, publish or exploit downloaded material for commercial purposes. By downloading copyrighted materials, you do not acquire any ownership rights.

 

It is your responsibility to comply with all federal, state, and local laws applicable to your use of the Website and content while using the Website; (b) Avoid posting or transmitting any material on the Website that violates or infringes upon the rights of others in any way (including, but not limited to, copyrights, trademarks and other intellectual property rights); (c) Avoid posting or transmitting material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, promotes criminal conduct, creates civil liability, or otherwise violates any law, or contains advertising or solicitation; (d) Do not use the Website or Content in a way that could damage, disable, overburden or impair any server, or network(s) connected to any server of Sellpay, its affiliates or service providers, or interfere with any other party's use or enjoyment of the Website; (e) Do not use hacking, password mining or other methods to gain unauthorized access to the Website or any services, other accounts, computer systems, or networks connected to any server or service; (f) Without the express permission of the owner of the copyright, trademark or other proprietary right, you shall refrain from uploading, posting or making available any User Content protected by copyright, trademark, or other proprietary right on the Website. You are responsible for determining whether any User Content is not protected by copyright.

 

The Content and the Website are provided as-is and no warranties or representations are made with respect to the Content or the Website and all liability for errors or omissions is disclaimed. You acknowledge that we do not monitor User Content (as defined below). If any User Content is considered unacceptable by us, we reserve the right to refuse or remove it, as well as to disclose it to law enforcement agencies or authorities who may investigate reports of misuse and abuse of the Website. It is understood that the Website is used at your own risk by you.

 

Sellpay protects the privacy of the persons who use its website. Sellpay does collect information about you when you open a Sellpay account and/or utilize Sellpay's website and services. By agreeing to our Privacy Policy, which you may review at https://sellpay.store/privacy  , you consent to Sellpay collecting and using this information in accordance with its Privacy Policy. Also, by voluntarily completing a user registration, you agree to receive commercial electronic communications from Sellpay regarding our programs, services, product promotions, and customer surveys. If you do not agree with the terms and conditions in the Sellpay Privacy Policy, please do not use our website or services.

 

Your responsibility is to obtain at your own expense all equipment and services required to access and use Sellpay’s website and Services, including all devices, Internet browsers, and access to the Internet. You are responsible for all data, text messaging and other wireless access and communication fees that your carrier may charge you if you access the Sellpay website and the Sellpay Services via a mobile or wireless device.

 

When you submit information, remarks, ideas, suggestions, inventions, graphics, images, photographs or other materials ("User Content") to Sellpay through the Website, you grant to Sellpay an irrevocable, worldwide, royalty-free license to use, reproduce, sublicense, distribute, market, sell, display, modify, create derivative works from, and transmit such User Content. In addition, you waive any moral and authorial rights and attribution rights permanently and irrevocably. Except as specified in our Privacy Policy, or as otherwise expressly agreed to or required by law, we will not be subject to any confidentiality obligations regarding any User Content you submit. In accordance with our Terms and Conditions, you understand that all User Content you submit on the Website is your responsibility.

 

You agree to indemnify and hold harmless us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from User Content you submit, transmit or otherwise make available, your use of the Website or the Content, your connection to the Website, your violation of the Terms of Service or TOU, or your violation of other parties' rights.

 

It is strictly prohibited to use trademarks, service marks, or logos owned by Sellpay without permission and may also be in violation of federal and state trademark laws.

This Website is protected by United States copyright laws and is owned by us, our affiliates, and a number of third-party providers. Without our written permission, you may not use, reproduce, modify, transmit, distribute, or publicly display any part of the Website or the Content except as expressly provided in this TOU.

 

Please respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes a copyright infringement, please provide our Copyright Agent with the following information:

a. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

b. A description of the work that you claim has been infringed upon;

c. Provide a description of the location on the Site of the material that you claim is infringing;

d. Please provide your address, telephone number, and email address;

e. A statement by you indicating that you believe the disputed use is not authorized by the owner of the copyright, its agent, or the law; and

f. 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. Our Copyright Agent for Notice of claims of copyright infringement on the Website can be reached by messaging us through our contact us page, Attention: Copyright Agent.

 

We may sponsor contests from time to time, and you may send a contest submission to us in order to be eligible to receive a prize. We will provide rules for such contests on the Website.

 

THE WEBSITE, THE CONTENT AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE, THE CONTENT OR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

 

YOUR USE OF THE WEBSITE AND RECEIPT OF PRODUCTS AND/OR SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL WE OR ANY THIRD PARTY PROVIDER OR ANY OF OUR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, THE PRODUCTS, THE CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN NO EVENT SHALL WE OR ANY THIRD PARTY PROVIDER OR ANY OF OUR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE WEBSITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE USER CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE "DISCLAIMER OF WARRANTIES" AND "DISCLAIMER OF LIABILITY" SECTIONS MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE THAT THE ENTIRE LIABILITY OF SELLPAY UNDER THIS TOU, OR ANY MATTER RELATING TO THIS TOU, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

 

The TOU shall be governed in all respects by the laws of Kent county Dover, State of Delaware, USA, without reference to its choice of law rules. By accessing the Website you understand and agree that all transactions take place in Dover, Delaware, USA and agree that the federal and state courts in Kent County, Dover have exclusive jurisdiction over any disputes with Sellpay arising from or related to your use of the Website or any of the products or services or Content or User Content on the Website. You irrevocably consent and submit to the exclusive personal jurisdiction of such courts, and you irrevocably waive any jurisdictional, venue or inconvenient forum objections to such courts.

 

Except for claims arising from your misuse of the Website or the Content, or claims arising from the User Content, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Content or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

The Website may contain links to third party websites. We make no representation regarding the content or accuracy of any website that you may access through the Website. We do not monitor and are not responsible for the content found on other websites that are linked from the Website. We do not endorse, recommend or sponsor any linked website or the services, products or advice described on such site, and we shall have no liability for its content, including its accuracy, subject matter, quality or timeliness, or any personal information that you provide to such site. USE OF SUCH SITE IS AT YOUR OWN RISK. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s), not of Sellpay.

 

We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

 

We do not make warranties or representations regarding the security of Content or User Content. Data sent over the internet may be intercepted by third parties; if you are concerned about the security of your data, you should not send it over the internet.

 

If you are a registered user, you are required to have a user ID and password to access certain areas of the Website. You are responsible for maintaining the confidentiality of your user ID and password and are responsible for all uses of them, regardless of whether the uses were authorized by you. We prohibit the transfer or sharing of user IDs and passwords. You agree to immediately notify us of any unauthorized use of your user ID or password or any other breach of security.

 

You agree that we may, in our discretion, and without prior notice, immediately terminate your access to the Website.

 

You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries to this TOU.

 

Our failure to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision.

 

The section and paragraph headings used in this TOU are inserted for convenience only and will not affect the meaning or interpretation of this TOU.

 

We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this TOU, the Privacy Policy, and if applicable the Sale Agreement (which are incorporated by reference), including, but not limited to, the right to block access from a particular internet address to the Website.

 

This TOU, the Privacy Policy and if applicable the Sale Agreement found on the Website (the Privacy Policy and the Sale Agreement are incorporated by reference and made a part hereof) constitute the entire agreement between you and us relating to the use of the Website. Additional terms and conditions may apply when you enter contests, use any Third Party Services or access any linked websites. Should any provision of our TOU, Privacy Policy, or Sale Agreement be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions. The TOU, Privacy Policy, and/or Sale Agreement may not be assigned by you.

 

If you have Website questions, comments, or concerns, please message us through our contact us page. Please include details of your questions, comments or concerns and your complete name and contact information.

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