1. Welcome to #vinyloftheday
#vinyloftheday operates a social marketplace which allows you to buy and sell items using our website or the #vinyloftheday application which we make available for download through an app store on your mobile device (the “Service“).
The Service is operated by VINYL OF THE DAY PTE LTD. (“we“, “our, or “us“).
2. Your relationship with us
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. If there is anything within them that you do not understand, then please contact us at email@example.com to discuss what this means for you.
By setting up an account with us or using and accessing the Service you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not browse or otherwise access or use the Service.
3. Information about us
VINYL OF THE DAY PTE LTD is incorporated and registered in Singapore under company number 201419472M. Our registered office is at 28 Ann Siang Road #01-01 S069708.
4. Information about you
5. Setting up an account
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 must be at least 16 years of age and capable in your country of residence of entering into a legally binding agreement to use our Service.
You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at firstname.lastname@example.org straight away to let us know.
6. #vinyloftheday Marketplace
Our Service allows you to buy and sell items in an easy and fun way. You can find out more information about our Service and its features here https://www.vinyloftheday.com/faq
You can sell your items through our Service by publishing pictures of the item you want to sell (“Sale Item“).
As a buyer, Sale Items must only be purchased using one of #vinyloftheday’s approved methods of payment (a “Sale Transaction”) and all Sale Transactions must take place within the Service.
As a seller, #vinyloftheday currently offers one method of receiving money for any Sale Items you sell namely:
“#vinyloftheday PayPal Payments” a service for receiving payments direct to your PayPal account.
- You will need a PayPal account in order use #vinyloftheday PayPal Payments.
- To safeguard the interests of our users, you are not permitted to sell or purchase a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than the approved methods available through the Service. Please note that selling or purchasing a Sale Item in any other way is a breach of our Rules of Acceptable Use and can result in, among other things, suspension or termination of your access to the Service (See clause 11).
- We want our Service to be a positive experience for our users and we ask that you honour the commitments you make to another user in respect of the swap, sale or purchase of a Sale Item.
Any purchase you make of a Sale Item is solely between you and the seller. Complaints, questions and claims related to a Sale Item should be directed to the seller. Where users cannot resolve issues relating to a Sale Transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process. You can find out more about our dispute resolution procedure at clause 15 of these Terms of Service.
- If you are a seller, #vinyloftheday may withhold any payment due to you for a period of up to 14 days (or until a dispute with a buyer is resolved, if the buyer raises the dispute within 14 days of the Sale Transaction) (the “Payment Holding Period”). #vinyloftheday may vary the length of the Payment Holding Period at its sole discretion having regard to the rate of refunds, complaints or other performance issues related to the seller’s use of the Service. If any disputes are raised after payment for a Sale Transaction has been released to the Seller, #vinyloftheday may place a hold on the seller’s #vinyloftheday account or withhold any future payments to a seller (up to the value of the sum in dispute), until the dispute has been resolved.
- As we are not the seller of any Sale Items, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Sale Items, the truth or accuracy of any picture or description of the Sale Items or any other content made available by users, the ability of sellers to sell Sale Items, the ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the Sale Item.
- To safeguard the interests of our users, we do not recommend using the Service to swap Sale Items. However, if you choose to do so, you acknowledge that you swap Sale Items entirely at your own risk.
7. Your right to use the Service
The materials and content comprising the Service either belong to us or we have permission from the owner to use them to provide the Service. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service.
Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.
Other than as allowed in these Terms of Service you are not given the right to use the “#vinyloftheday” name, or any of the “#vinyloftheday” trademarks, logos, domain names and other distinctive brand features.
8. Your content
You confirm that images, sounds, text or information that you submit or create (“User Content“) whilst using the Service will meet the Rules of Acceptable Use.
You grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and exploit the User Content anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business.
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 #vinyloftheday.
9. Rules of Acceptable Use
In addition to the other requirements within these Terms of Service, this clause describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use“).
You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
When using the Service you must not:
- create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise;
- give any false or misleading information in your Account details;
- 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;
- use the Service if we have suspended or banned you from using it;
- send junk, spam or repetitive messages;
- engage in any illegal or unlawful conduct including selling any fake or counterfeit items or any item that otherwise beaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of sale items (including import and export rules and illegal products);
- modify, interfere, intercept, disrupt or hack the Service;
- 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;
- collect any data from the Service other than in accordance with these Terms of Service;
- submit or contribute any User Content (including comments and descriptions relating to Sale Items) that contains nudity or violence, is abusive, threatening, harassing, obscene, misleading, untrue, offensive, derogatory or uses bad or rude language;
- unfairly or unlawfully interfere or manipulate any ratings system or user feedback system;
- submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties; or
offer to sell or buy any of the items we list as prohibited items; or
- purchase or sell a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than the approved payment methods available through the Service;
take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us (as specified in clause 12);
- submit or contribute any information or commentary about another person without that person’s permission.
- 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):
immediate, temporary or permanent withdrawal of your right to use our Service;
- immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed on the Service);
issuing of a warning to you;
- 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;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- 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 User Content (including the removal of Sale Items listed on the Service) without notice to you.
- The responses described in clause 4 are not limited, and we may take any other action we reasonably deem appropriate.
10. Notice and takedown policy
Any person may contact us by sending us an “Infringement Notice” if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent either by post to VINYL OF THE DAY PTE LTD, 28 Ann Siang Road #01-01 S069708 or by email to email@example.com. Please provide the information described below in the Infringement Notice:
your name and contact details;
a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
a link to or such other means of identifying the problematic content.
We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
11. Advertisements on the Service
12. Seller commission
The seller of any Sale Item will pay us a commission on the total transaction amount received by the seller (including VAT/GST, if any, and shipping costs) in respect of any Sale Transaction (the “Commission“). If the Commission payable is less than our minimum Commission, then the seller may be required to pay the minimum Commission. Details of this fee are available on our help site.
If you use #vinyloftheday PayPal Payments to sell Sale Items using the Service, PayPal will charge you an additional fee.
Our Commission with be deducted from your PayPal account.
We will provide the seller of the Sale Item with an invoice detailing the Commission.
The Commission is inclusive of VAT/GST or other sales taxes (where applicable).
13. Ending our relationship
If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
If you wish to end your use of the Service, please contact us at firstname.lastname@example.org from the email address linked to your account and ask us to deactivate your Account.
We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Service.
We may also withdraw the Service as long as we give you reasonable notice that we plan to do this so that you have a reasonable period of time to download any of your User Content.
If you or we end your use of the Service or we withdraw the Service as described in this clause, we may delete or modify your User Content, Account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. We will not offer you compensation for any losses.
14. Our liability/responsibility to you
You alone decide whether to proceed with a sale or purchase of a Sale Item. As such, we make no commitments regarding the Sale Items including the quality or late delivery of the Sale Items or for honouring (or causing any seller to honour) any erroneous information regarding the price, description and availability of, or any information relating to any Sale Items promoted or available through our Service or the ability of the purchaser to complete any purchase of the Sale Items.
Unfortunately, due to the nature of the Internet and technology, the Service is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
To the extent permitted by the law, our total responsibility for any claims relating to a Sale Transaction is limited to the Commission payable in connection with that Sale Transaction.
For any other claims arising out of the provision of the Service or the #vinyloftheday Paypal Payment, we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise).
Neither we or you shall be liable to the other party for indirect, incidental, consequential, exemplary, punitive or special damages, including lost profits, whether arising under this Terms of Service or otherwise, and loss of or under contract, regardless of the form of the action or the theory of recovery, even if that party has been advised of the possibility of those damages.
15. Resolving disputes
DISPUTES WITH US
If you have a dispute with us relating to the Service, in the first instance please contact us at email@example.com and attempt to resolve the dispute with us informally.
DISPUTES WITH OTHER USERS RELATING TO A SALE TRANSACTION
If you purchase a Sale Item using the Service and have paid a seller using the #vinyloftheday Paypal Payment method (a ‘Sale Transaction’) you may report any issues you have with this transaction using the reporting functionality on the Service within 10 days of the item being shipped or 14 days of the item being purchased (whichever is sooner). If the issue cannot be resolved directly between you and the seller of the Sale Item, you can ask us to mediate through our dispute resolution process.
We will notify the seller of the Sale Item that the dispute resolution process has been initiated and put a hold on their #vinyloftheday Paypal account up to the value of the transaction amount reported. We may then review and use the contents of all messages on the Service between you and the seller to assess your report.
Unless stated otherwise a report about a Sale Transaction may not be edited or changed (other than to provide extra information that is relevant to the report) after it has been filed unless we exercise our sole discretion to allow you to change your report.
Whether you are a buyer or a seller of a Sale Item, you must cooperate with us throughout the dispute resolution process. You must provide any information relating to the dispute to us that we reasonably request. You must respond to any request for such information made within 48 hours of the request being made. Such requests will usually be via email and/or the private message functionality on the Service, although they may occasionally be by other methods we agree with you. If you fail to respond we may not continue with the investigation and may determine that the investigation is resolved in favour of the other party. The investigation may be closed and may not be reopened. Any response received after the 48 hours has expired will only be considered by us at our sole discretion.
You may pursue a report about a Sale Transaction with #vinyloftheday or contact your card provider to pursue any chargeback options that may be available to you from your card provider. You may not pursue both options at the same time or seek double recovery in respect of the same Sale Item. If you have an open report with us and subsequently file a chargeback with your card provider, we will close your report. You may not report a Sale Transaction if you have already reported that Sale Transaction or you have received a refund for that purchase from #vinyloftheday, the seller or a third party.
If you report a Sale Item from a Sale Transaction as an ‘item significantly not as described’ and you and the seller cannot agree as to the difference between the Sale Item as sold and the Sale Item as described, we will use reasonable endeavours to make a fair decision based on all information we hold about the Sale Item. We will exercise our decision making authority in our sole discretion when determining our decision in respect of a report of an ‘item significantly not as described.’ We will consider numerous factors, which may include the communications between you and the seller, and any documentation you have provided. We will provide you with reasons for our decision upon request.
If you report a Sale Item from a Sale Transaction as an ‘item significantly not as described’ we may require you to obtain appropriate documentation from a qualified expert third party to substantiate the claims made in your report at your expense.
If we open an investigation after receiving a report from a buyer, the seller in the Sale Transaction will be required to provide proof of shipping and delivery that can be tracked online. This is the only evidence we will accept as proof of delivery. If the seller fails to provide proof of shipping and delivery we may resolve the report in favour of the buyer.
We will exercise our sole discretion when evaluating a report about a Sale Transaction. If we find in favour of a buyer, we may reverse the initial Sale Transaction and use any sums held by #vinyloftheday in accordance with clause 6.11 to refund the buyer.
We may also terminate any user’s Account following our conclusion of the dispute resolution process where in our reasonable opinion:
any user has failed to cooperate with the dispute resolution process;
the seller has failed to send the Sale Item to a buyer;
the buyer has failed to pay for a Sale Item; or
the user has initiated the dispute resolution process on false grounds.
If you report a Sale Transaction as an ‘item significantly not as described’ we may require you to ship the item at your expense to the seller, to us or to a third party designated by us.
To use our dispute resolution process you must have:
purchased a Sale Item via the Service and paid a seller using the #vinyloftheday Paypal payment method;
purchased a tangible good that can be shipped;
purchased a Sale Item with shipping (the item was not purchased as a ‘Meet in Person’ transaction);
an account in good standing;
attempted to resolve the dispute yourself with the other user before asking us to mediate on the dispute; and
raised the dispute within 10 days of the Sale Item being shipped or 15 days of the Sale Item being purchased (whichever is sooner).
If we ask you to provide proof of shipping, the documentation must clearly show that you (as seller) have shipped the item to the buyer’s address shown on the sales receipt. This documentation must be able to be tracked online and include:
the delivery address of the buyer (as shown on the sales receipt);
the date the item was sent; and
official acceptance of the item by a shipping company and a status update that the item was delivered.
If you use PayPal to pay for a Sale Item or receive any money for a Sale Transaction you may be eligible for PayPal’s Buyer and Seller Protection, details of which are available here.
16. Changes to the Service
We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service (“changes to the Service“). These changes to the Service may affect your past activities on the Service, features that you use and your User Content (“Service Elements“). Any changes to the Service could involve Service Elements being deleted or reset.
You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service or deactivate your Account by contacting us at firstname.lastname@example.org from the email address linked to your account.
17. Change to the documents
We may revise these Terms of Service from time to time but the most current version will always be at this link.
Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
18. Documents that apply to our relationship with you
The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
As we are based in Singapore, Singapore law will apply to all disputes and the interpretation of these Terms of Service. The Singapore courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service.
20. Contact, feedback and complaints
If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at email@example.com.
We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.