Terms of Service 📋
(Effective April 28, 2018)
Unisell is a fast, fun and safe way to buy and sell things within your university community and beyond. Whether it's a textbook you no longer need, a newly spare room, or a service you'd like to offer, list it in the marketplace for all to see in literally under a minute. It's that fast. It's that easy. Oh, and Unisell is 100% free.
We believe that reinventing the buying and selling of things around us is a great opportunity to improve the way students save and live. Our product empowers students to get or let go of things quickly and safely, save or make that precious extra dollar, have fun and make meaningful connections, and build trust within student communities.
We’re totally thrilled you have decided to use Unisell including our mobile application and website which together we refer to simply as the “Platform”.
We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. We’ve tried our best to strip the legalese from the Terms but there are places where these Terms may still read like a traditional contract. This is necessary because these Terms do indeed form a legally binding contract between you and Unisell.
By using our Platform, you agree to the Terms. Of course, if you don't agree with them, then don’t use the Platform.
These Terms apply to all users of the Platform, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials.
No matter where you are accessing our Platform from, these Terms are between you and Unisell Pte. Ltd. For ease of reference, Unisell Pte. Ltd. is referred to in these Terms simply as “Unisell”.
By using the Platform in any manner, including but not limited to the browsing of the Platform, you agree to observe and be bound by these Terms and the additional terms and conditions and policies which we have laid out in these Terms.
Unisell reserves the right to change or modify these Terms at any time. These will automatically become part of your agreement with us following the date on which the amended Terms are posted within the Platform. So please carefully familiarise yourself with the Terms.
2. Rights We Grant You
Unisell is a marketplace where you can offer, buy and sell a variety of goods and services (which we shall refer to as “Items”). This is permitted as long as offers and sales do not violate statutory provisions, good morals and/or the Terms.
Unisell grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable licence to access and use the Platform. This license is for the sole purpose of letting you use and enjoy the Platform’s benefits in a way that these Terms and our usage policies, such as our Prohibited Items Policy, allow.
The Unisell app can be downloaded free of charge from the Apple App Store.
Please ensure that when you use and enjoy the Platform, you do so in accordance with these Terms and do not:
Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Platform.
Make any modification, adaptation, improvement, enhancement, translation or derivative work of the Platform.
Violate any applicable laws, rules or regulations in connection with your access or use of the Platform.
Use the Platform in violation of or to circumvent any sanctions or embargo.
Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Unisell or its affiliates, partners, suppliers or licensors.
Use the Platform for any purpose for which it is not designed or intended.
Use the Platform to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Platform or any services, product or software offered by Unisell.
Use any proprietary information or interfaces of Unisell or any other intellectual property of Unisell in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Platform.
Use the Platform to communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically, or otherwise objectionable.
Use the Platform to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
Upload to, or transmit through the Platform any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Platform, or any data or content found or access through the Platform.
Collect any information in respect of other users without their consent.
Authorise or encourage anyone to do any of the foregoing.
3. Rights You Grant Us
Our Platform allows you to create listings and share content, such as photos, comments, data, text, links and other information all of which we call “Content”.
You understand and agree that you are solely responsible for the Content which you post or share on or through the Platform and any loss or damage which you sustain as result of such Content is solely your responsibility.
You acknowledge that Unisell does not pre-screen Content that you may upload. However, it is our right in our sole discretion to refuse, delete or move any Content that is available on the Platform.
It is also our right to remove Content in any of the following events:
If the Content is in breach of these Terms.
If Unisell has received a complaint or notice of infringement in respect of the Content.
If the Content is otherwise objectionable.
If we feel Content should be removed for any other reason in the best interest of the Platform.
Unisell may also block Content and the delivery of a communication (including, without limitation, ratings, item information and/or chats) to or from the Platform as part of efforts to protect the Platform or users, or to otherwise enforce these Terms.
4. Who Can Use the Platform
Noone under 16 is allowed to create an Account or use the Platform, unless, use of the Platform is with the consent and under the supervision of a parent or legal guardian of that person who is responsible for any such person’s activity on the Platform.
By using the Platform, you state that:
You are capable of entering into and performing legally binding contracts under applicable law with Unisell.
You will comply with these Terms and all applicable local, national and international laws, rules and regulations.
If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
All information which you provide is accurate, up to date, truthful and complete.
5. Your Account
You would need to have an account with Unisell (“Account”) in order to make full use of the Platform. You are responsible for all activity that occurs in your Account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
When you create an Account and use the Platform, you agree that, in addition to exercising common sense:
You will not set up multiple Accounts, or transfer, rent, lease or sell your Account or Username to another party unless you have our written permission to do so.
You will not create another Account if we have already disabled your Account, unless you have our written permission to do so.
You will not use another user’s Account unless you have their permission to do so.
You will keep your password secure.
You will not share your password.
You will keep your account information up to date at all times.
You will not log in or attempt to access the Platform through unauthorized third-party applications or clients.
You will comply with Unisell’s policies and all applicable laws with respect to your activities and the Content which you upload to the Platform.
If you think that someone has gained access to your Account, please immediately reach out to Unisell support at email@example.com.
6. Digital Marketplace
The Platform provides a digital marketplace for you and other users to interact in order to buy and sell items with each other. We do not pre-screen you or the Content provided by you, nor are we directly involved in transactions between you and other users. Because of this, we have no control over, and you agree that Unisell is not responsible or liable for, any of the following:
The quality, safety, morality or legality of any aspect of the items listed.
The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
The true identity, age, university, city, nationality, personality or opinion of a user.
Any Content posted by users.
To make the most out of the Unisell experience, you are encouraged to use the many features and functions available to you on the Platform designed to help you interact with other users. However, you are also encouraged to exercise common sense and good judgment in such interactions. While we endeavour to keep our Platform safe for everyone, your use of the Platform and your interactions with other users is entirely at your own risk.
7. Buying and Selling on Unisell
In using our Platform to create a listing for and offer for sale any items, you agree that:
All items must comply with these Terms and Unisell's policies, which can be found at http://www.unisellapp.com/policies/
You must provide a fair, accurate and complete description of each item, including your price for the item.
Each item must have its own listing.
You will not create duplicate listings (i.e. multiple listings for the same item).
Your listing for an item may only include text, descriptions, graphics, images and other content that are relevant to the item.
All items must be listed in the appropriate category.
Without prejudice to the rest of these Terms and other Unisell policies, for each item you list on the Platform, you agree that:
You are the rightful owner of the item.
The item is not stolen, counterfeit and does not infringe upon any other party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
The sale of the item complies with all laws and regulations which apply to that item.
The item is not dangerous or hazardous.
The item is has not been recalled or subject to a recall by a government or manufacturer.
All offers made and accepted through the Platform are binding.
The item fully complies with our Prohibited Items Policy.
If you are a seller, once you have accepted a buyer’s offer for an item (through the Make Offer feature):
You agree to meet the buyer in person, ship the item to the buyer to an address specified by the buyer, or otherwise complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if you cannot authenticate the buyer’s identity or the buyer refuses or fails to meet delivery conditions as set out by you in your listing (e.g. wrong payment system).
You may indicate and charge reasonable, and not excessive, shipping and handling fees to cover the costs of packaging and postage of the item.
You may not change the item's price.
If you are a buyer, once your offer for an item has been accepted by a seller (through the Make Offer feature):
You agree to promptly meet the seller in person, or in the case of a shipment, make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you are cannot authenticate the seller’s identity.
In communicating with another user through the Platform for the purchase or sale of an item (which we refer to as a “Transaction”), you may obtain personal or other information about that user, such as their email address, phone number and mailing address. Unless you have obtained prior permission from that user, you must not use such information for any purpose other than the purpose of the Transaction.
Notwithstanding the above, as Unisell is not involved in Transactions (which are considered solely between users), Unisell is not obligated to ensure that a user, whether as a buyer or seller, would follow through and complete a Transaction as required under these Terms.
8. Disputes with Users
If you are in dispute with another user of the Platform, you are encouraged to contact that user to resolve the situation amicably. Unisell is under no obligation to resolve any dispute that is brought to our attention although we may attempt in good faith to facilitate a resolution. You agree to release Unisell from any claims, demands and damages arising out of your disputes with users of the Platform.
10. Intellectual Property
You acknowledge and agree that the Platform and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated with the Platform are, and shall remain, the property of Unisell. You also acknowledge and agree that the source and object code of the Platform and the format, design, directories, queries, algorithms, structure and organisation of the Platform are the intellectual property and proprietary and confidential information of Unisell. You are not granted any intellectual property rights in and to the Platform not expressly granted in these Terms and such rights are hereby reserved and retained by Unisell.
The Platform may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Platform is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained in such Third Party Software. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Platform or it’s components be deemed to be open source or publicly available software.
You may not use Unisell’s trademarks in any advertising, publicity or in any other commercial manner without prior permission from us in writing, which we may choose to refuse for any or no reason.
11. Unauthorised Content and Respecting Copyright
Unisell respects the intellectual property rights of others and we expect the same of our users.
Unisell reserves the right to take reasonable steps within our power to suspend or terminate a user’s account and/or their access to the Platform if we become aware that one of our users has repeatedly infringed copyrights.
If you believe that there has been unauthorised use of your intellectual property rights by another user, please let us know at firstname.lastname@example.org.
12. Modifying the Platform
We’re always striving to improve our Platform and the Unisell experience. That means we may add, change or remove features, products or functionalities, and we may also suspend or stop the Platform partially or altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
13. Suspension and Termination
While we hope you will be an eternal Uniseller, you can terminate these Terms for any reason and at any time by emailing us with a request to deactivate your account at email@example.com.
Unisell reserves the right, at its sole discretion, and without liability, to:
Suspend or terminate your Account and/or your access to the Platform at any time, for any reason, and without advance notice. That means that we may stop providing you with any aspect of the Platform, or impose new or additional limits on your ability to use the Platform.
Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Platform at any time, for any reason, and without advance notice.
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Platform. Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
14. No Warranty
You acknowledge and agree that the Platform is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platform and any content, products or services accessed or obtained on the Platform is at your sole risk and secretion.
Unisell does not represent or warrant that: (a) the use of the Platform will be secure, timely, uninterrupted or error free or that the Platform will be compatible or operate in combination with any other hardware, software, system or data; (b) the Platform will meet your requirements or expectations; (c) errors or defects in the Platform will be corrected; or (d) the Platform and Unisell’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether expressly, 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.
The Platform 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 mobile device you use). Unisell is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
You agree that no advice or information, whether oral or written, that you obtain from Unisell or from the Platform shall create any representation, warranty or guarantee. You also agree that Unisell has no obligation to support or maintain the Platform.
Unisell disclaims any and all liability or responsibility in relation to the content made available through the Platform, including but not limited to the Content uploaded by users or the third party content and services. Unisell is not responsible or liable in any manner for the third party content and services associated with or utilised in connection with the Platform, including the failure of such third party content and services.
15. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE PLATFORM IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE PLATFORM.
IN NO EVENT SHALL UNISELL OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR THE CORRECTNESS OR ACCURACY OF INFORMATION, IMAGES AND/OR COMMUNICATIONS PROVIDED BY USERS OR THE TRANSACTIONAL COMMITMENT OF USERS OR THE TRUE CONDITION OF PURCHASED ITEMS, NOR FOR ANY DAMAGE CAUSED BY ERRORS, DELAYS OR INTERRUPTIONS IN THE TRANSMISSION, MALFUNCTIONS OF TECHNICAL SYSTEMS, LOSS OR DELETION OF CONTENT, VIRUSES OR ANY OTHER DAMAGE WHICH MIGHT OCCUR DURING THE USE OF THE PLATFORM.
MOREOVER, IN NO EVENT SHALL UNISELL OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE PLATFORM INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE PLATFORM, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT UNISELL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNISELL’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF ONE SINGAPORE DOLLAR ONLY (S$1.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree, to the extent permitted by law, to indemnify and hold harmless Unisell, 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 due to, arising out of, or relating in any way to: (a) your access to or use of the Platform; (b) your Content; (c) your breach of these Terms; (d) your breach of any statutory requirement, duty or law; or (e) your violation of any rights of another person or entity.
You accept and agree that the Platform may not 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 Unisell 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.
18. Data Charges and Mobile Phones
You are responsible for any mobile charges such as data charges or SMS messages incurred by using our Platform. If you are unsure what those charges may be, you should seek clarifications from your service provider before accessing or using the Platform.
19. Violation of the Terms
In case of violations of one or more of these Terms, Unisell is entitled to temporarily or permanently, and notwithstanding of further legal steps against the affected user, suspend or delete the user’s account, listings, comments and any other content provided by this user, and/or to block the user’s access to the Platform totally or in part. In case your account has been suspended or deleted, you may seek clarifications from us by emailing firstname.lastname@example.org.
20. Amendment of the Terms
Given the breadth of our Platform, we sometimes need to change, or craft additional terms and conditions for, the Terms. Any such amendments to the Terms (“Amendments”), which will be made available within the Platform, then become part of your agreement with us if you continue to use the Platform. As we do not make explicit announcements for Amendments, it is your responsibility to review the Terms periodically to check for such Amendments. If any part of those Amendments were to conflict with these Terms or any Terms which exist prior to those Amendments, the Amendments will prevail.
Of course, if you do not agree with the Terms or any subsequent iteration of the Terms, you remain free to terminate these by ceasing to use the Platform.
21. Governing Law and Jurisdiction
You hereby agree that the laws of Singapore govern these Terms and that the courts of Singapore have non-exclusive jurisdiction over any claims and disputes arising out of or in connection with the Terms or their subject matter.
22. Final Terms
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.
Except as provided herein, any failure by Unisell to exercise a right or require performance of an obligation in these Terms shall not affect Unisell’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.
You must 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.
These Terms constitute the entire agreement between you and Unisell and supersedes all prior or contemporaneous understandings and/or agreements between you and Unisell.