1. LivToBe
Terms of Service December 1, 2023 Welcome to LivtoBe LivToBe is a fashion marketplace within the United States. 1. LivToBe can be accessed via our app or on our website www.livtobe.com 2. The Service is operated by LivToBe Inc, LLC registered in the United States, a Texas Limited Liability Company 2. Your relationship with us These are our terms. Make sure you understand and agree to them before using LivToBe. Let us know if you need help in understanding what they mean for you. 1. These terms, along with the policies set out in our Customer FAQ are the rules that govern your access to and use of the Service. 2. By setting up an account and/or using the Service, you agree you will be bound by the Terms of Service. If you do not agree to the Terms of Service, please do not use the Service. 3. If there is anything in the Terms of Service that you do not understand, please contact us via our Customer Service so we can help. 3. Information about you and your privacy Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share your information and how we use cookies as part of the Service. 4. Who can set up an account with us? 1. To use our Service, you need to register with us by setting up an account with a username and password (your Account). You must provide us with accurate and complete information so that the Service can operate properly. If any of your details change, you must update your information by logging into your Account. 2. You can also use our Service through third-party services approved by us, for example Apple, Facebook and Google. 3 Children under the age of 13 are not allowed to use Liv2Be. You've got to be at least 13 years old to use the Services or at least over the age at which you can provide consent to data processing under the laws of your country, if that is older than 13 years old 5. Keeping your account details safe Keep your account details to yourself. If you think anyone else knows your details, let us know so we can take steps to keep your account secure. 1. Keep your password, or any other piece of information you have been given or chosen as part of our security procedures, confidential and do not share with anyone else. You can also add an extra level of security to your account by turning on two-factor authentication. 2. If you know or suspect that anyone other than you knows your password, let us know as soon as possible by contacting us via Customer Care. 6. How does Liv2Be work? Liv2Be enables users to buy and sell items from other third-party users. 1. Our Service enables you to buy and sell items from other Liv2Be users. You can find out more information about our Service on our Customer FAQs 2. We show you listings for things that we think you will like based on the preferences you give us and your activity on Liv2Be, including Liv2Be shops and listings you have interacted with. 3. We want our Service to be a positive experience for our users. You must honor the commitments you make to other users when you use the Service and only list items that comply with the Terms of Service and the Policies. 4. If you are: Purchasing an item, the agreement for the purchase is made between you and the seller, Liv To Be handles the promotion and payment processing of the item. Selling an item, the agreement for the sale is made between you and the buyer, Liv To Be handles the promotion and payment processing of the item. The Seller must be truthful with product representation and followed agreed upon shipping terms. 5. Sellers are responsible for making sure items are fit for purpose, safe, legally compliant and match the description provided in the listing. It is important that you point out any wear marks or defects. 7. What are the rules for using Liv2Be? We want Liv2Be to be a safe space for everyone, so you must follow our rules. 1. You may only use the Service to: Sell items that you have the right and title to sell to buyers. All content will be reviewed and approved by Liv To Be. We reserve the right to deny any content believed to be inappropriate or not in line with products we choose to represent. Seller agrees to Upload User Content that complies with our Terms of Service. User Content is any content that you post using our Services, including usernames, shop bios, photos, videos, descriptions, comments, messages, links and other materials. Liv To Be has the final approval and full editing capability of the product. Browse and purchase items listed on the Service. 2. You may not use the Service to: • Do anything illegal or which is in breach of applicable law. • Post any User Content that does not comply with these Terms of Service or any of our Policies. • Do anything that is fraudulent or deceptive or post any User Content that is false or misleading. • Use or share another user’s User Content without their consent, either on LivToBe or elsewhere, other than User Content populated and provided from LivToBE • Modify, interfere with, intercept, disrupt or hack the Service, mine data, scrape or crawl the Service, including any internal software capabilities used to offer our Service (e.g. an application programming interface), or use any bots or other third party software on the Service. • Test, circumvent, monitor or breach the security measures of our 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 equipment. • Collect any data from the Service other than in accordance with the Terms of Service. • Use any photographs, images, text, music or video that belongs to someone else without their permission, post content that does not belong to you. • Make use of the materials and content making up the Service for any other purpose than using the Service in accordance with the Terms of Service. • Transfer your right to use the Service to another person or to sell, gift or transfer your Account to another person. Offer to sell an item that you do not possess (also known as dropshipping), unless you have personally designed it. Link to any third party websites, apps or platforms. • Coordinate pricing with other sellers. • Create more than one Account, unless we agree otherwise. • Permit another person to use the Service under your name or on your behalf • Interfere with or manipulate any ratings system or user feedback system. 3. Failure to comply with the Terms of Service or any of our Policies will be treated very seriously by us and may result in us: • Temporarily or permanently removing any User Content (including the removal of items listed on the Service). Temporarily or permanently withdrawing your right to use the Service and/or temporarily or permanently deleting your Account. • Taking legal action against you. 8. How are items paid for on LivtoBe? All items purchased on LivtoBe must be paid for using LivtoBe Payments via our payment processing services.. No other payment methods are allowed. 1. Payment for transactions must take place via one of our third party payment providers, Liv2Be Payments via Stripe. LivtoBe Payments via Stripe enables sellers to accept payment by major credit or debit cards, Apple Pay, Google Pay and through Klarna (where available). 2. In order to list an item for sale on LivtoBe, you must sign up to LivtoBe Payments via the onboarding process.. 3.If we suspend or terminate your access to the Service we may withhold any amounts that have not yet been paid out to you for 180 days from the applicable transaction date, or such other period where required by law enforcement or in compliance with sanctions rules. 9. Shipping and Taxes Sellers are responsible for packing and shipping items to buyers. Sellers must comply with certain shipping policies when purchasing shipping labels via LivToBe. 1. As a buyer you may need to pay an additional amount on top of the item price for shipping. 2. Sellers are responsible for packing and shipping items to buyers. As a seller you agree to: • Dispatch your item to the buyer’s address as soon as possible and in accordance with any timelines set out in your shop policies. In order to qualify for LivtoBe you must be able to demonstrate that your item was shipped in accordance with the timelines set out in the LiveTo Be for sellers.. • Comply with all local delivery regulations. • Provide a photo prior to shipping to validate conditions and a valid proof of tracked shipping in case the item does not arrive with your buyer. Valid proof of tracked shipping must show that the item was actually dispatched and sent to the buyer’s address. • Comply with the terms set out by our shipping partners. 3. Our shipping rates may change from time to time. 4. . Liv To Be will pay the sales tax on the transaction in accordance with tax rates. LivToBe will provide an annual income statement in accordance with tax laws. 11. Your content We can use any content you post on Liv2Be to provide the service or operate our business. 1. You own all the rights in, and are solely responsible for, your User Content. You represent that you have all necessary rights to all parts of your User Content and that you’re not infringing or violating any third party’s rights by posting it. Seller is not allowed to make or distribute any type of communication representing LivToBe. 2. By posting your User Content, you grant us a worldwide, non-exclusive, irrevocable, sub-licenseable, perpetual and royalty-free license to use, display, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, store, license, sub-licence, assign, transfer, prepare derivative works, and exploit your User Content (including any intellectual property rights included in 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, including for marketing purposes. You agree not to assert any moral rights or rights of publicity against us for using your User Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent your User Content contains any personal information. 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 may refuse to post, moderate, reject, remove, or delete any User Content if we think that it breaches (or risks breaching) these Terms of Service or any of our Policies, or otherwise creates risks for us or our community. If we do so, we will inform you that your User Content is in breach of our Terms of Service or Policies, and the action we have taken up to and including the termination or suspension of your right to use the Service 6. User Content removed from the Service may continue to be stored by us, including in order to comply with legal obligations, or where your User Content has been shared by others. For more information about what happens to your User Content if our relationship ends, see section 14 of these Terms of Service. 12. If you want to end our relationship If you don't want to use Liv2Be anymore, you can do this on the app or by contacting us to deactivate your account. Please go into your account and deactivate or contact our Customer Care and we can assist. Notice deactivation of an account may cause permanent deactivation as LivToBe has a finite number of members. 13. If we want to end our relationship We can end your use of Liv2Be on notice or if you are in breach of our Terms of Service. Make sure you backup any content you value as we cannot guarantee it will always be available. 1. We may terminate your Account or your right to access or use all or any part of the Service without cause by giving you a 30 day notice. 2. We may terminate your Account or terminate your right to access or use all or any part of the Service if you have failed to remedy a breach of the Terms of Service within 30 days, unless we can demonstrate that you have repeatedly been in breach or if there is a real risk of loss or harm were you to continue to use our Service in which case notice to terminate will be effective immediately. 3. We may terminate or suspend your Account (and any Accounts LivtoBe determines are related to your account) and your access to or use of the Services based on a risk or reasonable belief that you, your User Content, or your use of the Services violates or may violate the Terms of Service. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy via our app or on our website or to create a new Account. Generally, LivToBe will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated the Terms of Service or we have legal or regulatory reasons to not notify you. 4. If we terminate or suspend your right to access or use the Service, or we find that your User Content is in breach of our Terms of Service or Policies, we will provide a statement of reasons at the time notice is given. No statement of reasons will be given where: We are subject to a legal or regulatory obligation not to provide the specific facts or circumstances or the reference to the applicable ground or grounds. Notice to terminate is given and we can demonstrate that you have repeatedly infringed the Terms of Service. 5. If you or we end your use of the Service, 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. As we do not guarantee the permanent availability of User Content, we encourage you to maintain your own backup of your User Content. You agree that you will not rely on the Service for the purposes of User Content backup or storage. 6. You should note that even if your Account is deactivated, some of your data may persist and appear within the Service, for example where your User Content has been re-shared by others. 15. Our liability/responsibility to you We try to make Liv2Be the best service we can, but we can't promise it's perfect and there are certain things that Liv2Be won’t be liable for. Whether you are a consumer or a Business User: 1. We provide the Services with reasonable care and skill. 2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. If you are a consumer: All sales are final and we do not accept returns. 3. We do not accept responsibility for any loss or damage: • That was not caused by our breach of the Terms of Service. • That was not, at the time you agreed to the Terms of Service, a reasonably foreseeable consequence of us breaching the Terms of Service. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the Terms were entered into, both we and you knew it might happen. • Your use of the Services will meet your requirements. • Your use of the Services will be uninterrupted, timely, secure or free from error. • Any information obtained by you as a result of your use of the Services will be accurate or reliable or free from error. • Defects in the operation or functionality of any software provided to you as part of the Services will be corrected. 5. Subject to 15.2 above, we will not be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Terms of Service or the provision or receipt of the Services for any: Loss or harm caused by viruses, worms or other programmes designed to impair the Service. Loss of profit, goodwill, opportunity, data, business or business reputation. Business interruption. Indirect or consequential losses, including where such loss or damage is of the type listed above. 14. Resolving Disputes If you have a dispute with us, please contact us via our Customer Care. . Disputes with us: 1. If you have a dispute with us relating to the Service, in the first instance please contact us via our Customer Care here and we will try to resolve the issue informally. 2. We prefer to resolve any disagreement through the internal complaint handling system as this offers the quickest and most cost-effective solution to everyone involved. 3. Sellers are ultimately responsible for the items sold to buyers on Liv2Be. Whilst Liv2Be can provide support in resolving disputes between buyers and sellers, 4. To raise an issue or dispute with another Liv2Be user, follow the steps below: • For items that have not arrived. Buyers should raise a dispute via the customer Care. Sellers will receive a notification if their buyer has raised a dispute and Liv2Be will only step in if the issue cannot be resolved between buyer and seller. • If you’ve received an item which isn’t as described or for all other issues. You’ll need to open a case directly with Liv2Be as set out here. 5. If a dispute is escalated to LivtoBe, or a case is opened, Liv2Be will attempt to help you resolve disputes in good faith and based solely on our interpretation of our Policies, in our sole discretion. We will not make judgments regarding legal issues or claims. Users must comply with all timelines set by LivtoBe whilst we attempt to resolve your dispute. Liv2Be has no obligation to resolve any disputes however, as a seller, you agree that Liv2Be may resolve a dispute or case on your behalf, which may include issuing a refund to the buyer and recouping funds from your connected account. 17. Changes and limitations to the Service Now and then we make changes to our Service. We try to make sure Liv2Be is always up and running but occasionally this isn't possible. 1. We are constantly updating and improving the 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. These changes to the Service may affect your past or current activities on the Service, features that you use and your User Content. 2. You understand that it is important for us to be able to make changes to our Service and this is an important basis on which we give you access to the Service. 3. You also understand that our Service will not always be available or be uninterrupted. Although it is our intention that our Service is available as much as possible, there may also be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. We will do our best to let you know if the Service is going to be interrupted but there may be times we cannot do so, for example if we need to make emergency repairs. 18. Changes to the Terms of Service We may need to update the Terms of Service from time to time and we’ll give you notice if we believe the changes are material. You can see when we last made changes at the top of this page. 1. We may update the Terms of Service to: Reflect changes in our services or how we do business, for example, when we add new features. • Take account of changes in the law. • Address a security risk or prevent abuse of our Services. 2. If we make a material change to the Terms of Service, we’ll provide you with reasonable advance notice, except in urgent situations, such as to address a security risk or if we are responding to a legal obligation placed on us. If you don’t agree to the updated terms, you should stop using the Services and terminate your account. 3. Every time you use the Services, please check the Terms of Service to ensure you understand the terms that apply at that time. You will be able to see when the Terms of Service last changed by looking at the “effective date” at the top of this page. 19. General terms These are important legal terms about how the Terms of Service work as a contract. Let us know if you need any help in understanding what they mean for you. 1. The current version of the Terms of Service and our Policies contain the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service or our Policies will no longer apply to our relationship and will be completely replaced by the current version. 2. If a court or relevant authority finds part of the Terms of Service illegal, the rest will continue in force. Each of the paragraphs of the Terms of Service operate separately, so if any court or relevant authority decides that any of them are unlawful, the remaining paragraphs remain in full force and effect. 3. If you do not comply with the 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. 4. The Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and Liv2Be. 5. The Terms of Service are between you and us. No other person shall have any rights to enforce any of its terms. No third party or (except, where applicable, the permitted assign of Liv2Be) is entitled to the benefit of the Terms of Service under the Contracts (Rights of Third Parties) Act 1999 or otherwise. 20. The law and venue that apply to the Terms of Service 1. The Terms of Service (and any related disputes) are governed by the laws of the State of Texas... 21. Contact, feedback and complaints If you need to contact us, please contact us via our Customer Care here. 1. If you need to contact us about the Terms of Service or any other document mentioned in them, please contact us via our Customer Care here. 2. 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.