Terms and Conditions
1. DEFINITIONS AND GENERAL PROVISIONS
2. TERMS AND CONDITIONS OF USE
3. INSTALLING AND RUNNING THE APP
4. FUNCTIONS OF THE SERVICE
5. LISTING RULES AND RESTRICTIONS. RIGHTS AND RESPONSIBILITIES
6. PARTICIPATION IN THE BUYING PROCESS
7. CONCLUDING PURCHASE AND SALE TRANSACTION BY THE SELLER AND THE BUYER. LIABILITIES OF THE PARTIES TO THE TRANSACTION
8. RESPONSIBILITIES OF THE PARTIES TO THE TRANSACTION
9. FEEDBACKS AND COMMENTS
10. CONDITIONS OF BLOCKING USER ACCOUNT
11. INTELLECTUAL PROPERTY RIGHTS
12. SERVICES. PRICE OF THE SERVICES
13. TERMINATION OF COOPERATION. NEW VERSION OF THE TERMS AND CONDITIONS
ANNEX 1. PROHIBITED AND RESTRICTED ITEMS AND LISTINGS
1.1. The Terms and Conditions regulate the use of JumboSell App (hereinafter referred to as the "App") as a social trading platform that is designed for Users who want to buy or sell new or used items, and that mediates the sale of these items. By registering in the App and using it for buying and selling items the User accept the present Terms and Conditions. If the User does not fully or partly agree to the present Terms and Сonditions for whatever reason, the Administrator shall require the User to cease using the App. If the User continues using the App, it means the User is aware of the present Terms and Conditions and accepts them in full and without any exceptions and undertakes to fully comply with them.
1.2. The owner of the App is JUMBOSELL PTE. LTD. (hereinafter referred to as “JumboSell”) with its registered address at 101 Cecil Street, #11-04, Tong Eng Building, Singapore, 069533 under the Registration No. 201612223D.
1.3. In accordance with the present Terms and Conditions, the Administrator shall provide the User with services (hereinafter referred to as the “Services”) for selling and buying items through the App, and the User shall accept and comply with the Terms and Conditions.
1.4. Unless the context otherwise requires, the following terms used have the following meanings: Account (User Account): means a collection of information that the User has provided to the App during the registration process, as well as while using the App or communicating with the Administrator. App: means a supporting program designed for buying or selling items, communication between Users and for direct interaction with the User. Authorization: means access to the User Account by choosing one of the social media accounts or by entering email address and password, which were previously indicated during User’s registration, into the fields specified in the login form in the App and by pressing the “Log in” button. Blocking of User Account: means technical and organizational measures undertaken by the Administrator to restrict or suspend the User to access selling and purchasing services from the User Account through the App. Blocking of the Account is aimed to restraint and prevent a breach of the present Terms and Conditions. Buyer: means the User that makes a purchase of an Item listed for sale by the Seller through the App. Chat: means an online tool to exchange text messages between the Seller and the Buyer through the App. Counterparty: means one of the parties engaging in a purchase and sale transaction. Customer Service (the Administration): means individuals (representative of the Trading Platform) who manage the App, perform technical, organizational and other functions to provide services, ensure the stability of the App performance, as well as help, support, and consult Users. Feedback Scores (Rating): means individual reputation of the Seller that is made up of the scores and comments left by the Buyers after the transaction was conducted. The Sellers scores are public and available on the Seller’s profile. Interests: means lists of items grouped by certain features. The User may customize the list in the App. Item: means an item or a right owned by and being sold by the Seller under the present Terms and Conditions. The Seller shall only list the Item for sale that is legal and nonrestricted and is allowed to be sold in accordance with the local, national or international laws and is not inconsistent with the present Terms and Conditions. Offer to Purchase: means the Buyer’s desire to purchase an item from the Seller at the declared price. Password: means a secret word or set of symbols used to prove the User’s identity. Posting an Item: means User’s actions through the App aimed at creating and posting listings by providing information on items that may be offered for sale to other Users of the App. Purchase and Sale Transaction: means a transaction that is concluded between the Seller and the Buyer via the App in order to sell to and buy items from each other. The Seller and the Buyer set up the terms of the transaction during the purchasing process in accordance with the terms and conditions set forth herein. Sale: means an action aimed to provide information on the Item in the App (Listing), to specify the Buyer of the Item by accepting the Buyer’s Purchase Offer, and is carried out by the Seller in order to conclude a transaction with the Buyer on the conditions set by the Seller and chosen by the Buyer. Seller: means an individual or legal entity that gets an access to the services after going through special actions and is entitled to sell own items through the App and use other options of the App under the terms and conditions set forth herein. Seller’s Rating: means an assessment of the transaction with the Seller by the Buyer. Social Media: means a platform, online service or a website designed to build, express and develop social relationships on the Internet. User: means an individual and/or legal entity entitled to sell or buy items through the App and may use other options of the App under the terms and conditions set forth herein. User Profile: means a section of the App that contains personal data of the Account owner (the User), User actions, statistics and other information. The terms used to describe the functions of the App, its operational elements, sections and other services are used as displayed in the App interface.
2.1. The App may be used by any individual who has full legal capacity and has reached age of 18 or by self-employed person registered by the government in compliance with the established procedure.
2.2. In order to register/sign up, the User must enter an email address, full name, set a password for the Account, and enter the verification code for further data verification.
2.3. The User may also register through one of the following social media accounts: Facebook, Vkontakte, Google+ or Instagram. By choosing a social media account, the User allows JumboSell to get access to certain information depending on the privacy settings, which were set by the User for a certain social media account, and use this information.
2.4. The registration process finishes after the User has entered all details as described in the clause 2.2 hereof and tapped the ‘Register’ button or has confirmed a social media account as described in the clause 2.3 hereof.
2.5. Right after the User has performed actions as described in the clause 2.4. hereof, JumboSell will automatically create the Account in its database. The Account allows the User to start using the App services.
2.6. In case of changing personal data, the User shall update the data whenever they are changed.
2.7. The Administrator has a right to require an evidence of age document from the User and check the personal data provided during registration or when they are changed. The procedure for the provision of documents and the list of required documents is stated in the Administrator’s request addressed to the User. The Administrator has a right to refuse the User to use the App services in case the User does not provide required documents in accordance with the procedure or in case the documents provided contain other data that do not confirm the User’s personal data registered.
2.10. The User is not allowed to share, lend or sell the Account (login details) to third parties. In case of breach of this condition, the User is solely responsible for any acts committed by individuals whom the User has forwarded the login details to and is civil and criminally liable for this.
2.11. The User may register more than one Account but is not allowed to use them if his actions breach the present Terms and Conditions including, but not limited to:
- buy own items offered for sale on JumboSell, items of relatives, individuals living together or other individuals if they are reasonably suspected of having a secret deal in order to affect the Rating;
- register another Account if the current one is blocked.
3.1. JumboSell grants a license to install and run the App.
3.2. Installation and usage of the App is free of charge.
3.3. Allow to install and run the App. From time to time JumboSell might request permission to perform certain actions or implement certain functions. Lack of permits will lead to delay in service access and failure to use the App.
4.1. The service allows to perform different actions:
4.1.1. Share information on items, images, pictures, other information and personal data.
4.1.2. List items for sale by the Seller and make offers to purchase the Item by the Buyer in order to negotiate the price and buy items.
4.1.3. Communicate with other Users in private chat.
4.1.4. Share information on items for sale on other platforms and social media besides JumboSell.
5.1. Seller shall not offer Items for sale (or offer free supplements on any terms) that are prohibited and may violate local, national or international laws or rights of third parties (including copyright and other intellectual property rights) and is solely responsible for such actions.
5.2. By offering items for sale, the Seller confirms the right to sell such Item in compliance with the requirements, selling procedures, and confirms the availability of required documents as well as approvals.
5.3. Notwithstanding the clauses 5.1 and 5.2 hereof, the User is not allowed to list items for sale that are set forth in Annex 1.
5.4. The Seller is fully responsible for Items offered for sale and undertaken obligations on conducting transaction with the Buyer and shall not shift his responsibility for the Item availability and its conformity to third parties (e.g., suppliers, manufacturers, etc.).
5.5. The Administrator is not responsible for the Item description or the Item itself that is offered for sale by the Seller, is not a party to a transaction between Users, and does not guarantee that the purchase and sale transaction will be conducted between the Seller and the Buyer.
5.6. The Seller is fully responsible for the Item description. The information on the item origin and its manufacture shall be available, detailed and shall not misinform Users.
5.7. The Seller is fully responsible for the Listing content and any other violations committed by him while creating the Listing.
5.8. When creating the Listing, the User shall indicate the Item category that is available and appropriate for the Item according to general notions. The Administrator has a right to remove the Item to another appropriate category on the App or delete it if the User has chosen the wrong category that does not relate to the Item description or its type.
5.9. The Seller has a right to list an item for sale only once at a time and choose two the most appropriate categories.
5.10. The Seller may sell either new or used items through the App.
5.11. The Listing posted through the App must contain:
5.11.1 Up to four pictures;
5.11.2 Item category;
5.11.3 Item title;
5.11.4 Reason for selling the Item;
5.11.5 Item price;
5.11.6 Item description;
5.11.7 Item condition;
5.11.8 Location where the Buyer can pick up the Item and make payment;
5.12. The listing must not:
5.12.1. Contain incorrect, untrue, contradictory or unconfirmed information;
5.12.2. Violate the rights of the parties to transaction, the rights of Administrator or third parties.
5.12.3. Contain advertising information (advertise items and services of third parties or the Seller for other purpose than purchasing through JumboSell) or be used in order to communicate with other Users or third parties;
5.12.4. Misinform the Buyer;
5.12.5. Contain information that can manipulate searching results within the App;
5.12.6. Contain information and links to pages that contain promotional information of other Users or third parties;
5.12.7. Contain information and links to pages that may contain promotional information of other User or Users;
5.12.8. Contain information on purchasing Items outside of JumboSell;
5.12.9. Contain information that does not relate to the Item listed;
5.12.10. Contain information related to assaults, racism, politics, xenophobia and such that can heat up international conflicts;
5.12.11. Contain text full of grammar and spelling mistakes that cannot be read and understood by other Users.
5.13. The Administrator has the right to take the following action as to Listings:
5.13.1. Delete or edit listings, which breach the present Terms and Conditions. In this case, the Administrator shall inform the Seller that the Listing is deleted or edited;
5.13.2. Delete the Listings with such descriptions that can negatively affect business reputation or activity of JumboSell.
5.13.3. Edit Listings by assigning other categories notwithstanding the fact of breach of the present Terms and Conditions at own discretion
5.13.4. Delete the Listings that breach the present Terms and Conditions or its Annexes.
5.14. The Item offered for sale is available until the Seller or the Administrator removes it from sale.
5.15. The Seller has a right to take the following actions as to Listings:
5.15.1. Edit. After the Item was offered for sale and before it is bought, the Seller may edit its description by tapping the “Edit” button on the listing in the App.
5.15.2. Remove form sale. The Seller has a right to remove the Item form sale at any time by tapping the ‘’End’’ button. The Seller must remove the Item from sale that was sold out.
5.15.3. Restart selling the Item. In case the Item was sold out, the Seller may restart selling the Item ensuring it is available now.
6.1. By participating in the buying process, the Parties acknowledge that: the Seller shall organize the Listing process and accept a purchase offer from the Buyer; the Buyer shall offer to purchase the Item. The transaction made in such order shall be deemed to have been closed and is a source of obligations to both parties. The User shall be aware that by participating in the purchase and sale transaction he shall fulfill the undertaken obligations and is responsible for his actions. The Buyer, who makes an offer to purchase the Item, is willing to conduct a transaction with the Seller on proposed conditions of the Seller and shall fulfill his undertaken obligations on this transaction.
6.2. The Buyer has a right to offer any price for the favorite Item, while the Seller has a right to accept or reject the Buyers’ offer. The Buyer may cancel his offer before the Seller accepts or rejects it.
6.3. The transfer of the item is made during personal meeting of the Seller with the Buyer, thus the payment for the item is made at the same time unless otherwise agreed by the Counterparties during chat conversations.
6.4. Listings are valid until the Item is sold out or until transaction is closed or the Listing is deleted by the Administrator.
7.1. The purchase and sale transaction shall be deemed to have been concluded when the Seller accepts a purchase offer from the Buyer
7.2. The Seller shall provide significant terms of the transaction in the Item’s description, which are subject to acceptance by the Buyer, who accepts the terms. The parties may agree additional terms of the transaction during mutual conversations via chat that is created automatically.
7.3. The Seller and the Buyer shall implement the transaction agreements concluded during conversation within the timescale agreed.
7.4. In case one of the Parties fails to perform its obligations, the other Party may appropriately rate such transaction and inform the Customer Support on the issue. Such situation can be a basis for blocking the User’s account.
8.1. The parties are responsible for non-performance or improper performance of obligations under the present Terms and Conditions.
8.2. The User is responsible for the accuracy and compliance of the provided information with the existing laws of Ukraine as well as for actions performed by him.
8.3. The Administrator does not bear responsibility for consumer properties of the Item(s) offered for sale on JumboSell or for the legality of the sale. In the case of occurrence of disputable situations as to the quality or consumer properties of the received Item, the Seller and the Buyer shall settle them themselves. The Customer Support shall not be involved in such situations.
8.4. The Administrator is not a party to a transaction between the Seller the Buyer, shall not be involved in the legal relations between them, and is not responsible for their acts/inactions.
8.5. The Administrator is neither responsible for information accuracy of Listings placed on JumboSell nor for validity of Listings.
8.6. The User is obliged to keep his password confidential and shall not transfer the password and login from his Account to third parties. In case the User loses the password, he must recover it immediately by using special form or reset it in personal data settings or contact the Administrator for further actions
8.7. The Administrator may interpret the fact of password transfer to third parties as a fraud and refer to law enforcement authorities to clarify the case and take further actions in accordance with the existing laws.
8.8. The Administrator is neither responsible for actions of third parties who received User’s login and password nor for effects.
8.9. The Administrator shall not review all listings on JumboSell, check Items availability or package contents, defects or quality, its compliance with description, etc. and shall not undertake the Buyer that the other party will fulfill its obligations in full. The Administrator shall as far as possible verify details related to the Item's description in order to reveal the actions that breach the present Terms and Conditions and its Annexes.
8.10. In the case of disputable situations between Users, which they have not settled themselves, the Administrator has a right to settle disputable situations within the scope of his competence he is granted under these Terms and Conditions by forwarding a certain inquiry to the parties to the transaction. The parties are obliged to answer such inquiry by a date specified in it. This decision is final and cannot be appealed or reviewed. The Administrator has a right to refuse Users who did not comply with his instructions and block their Accounts.
8.11. The Administrator is not responsible for the break in the provision of the services caused by technical breakdowns of hardware and software. In addition to that, the Administrator shall take measures to prevent such accidents.
8.12. The User’s access to the App shall not imply a commitment on JumboSell to prevent viruses, worms or other malware. The User is solely responsible for the provision of appropriate tools to detect malware.
8.13. JumboSell is not liable for any damages to the User’s smartphone software when using services offered on JumboSell.
8.14. JumboSell is not liable for any damages caused to the User because of errors or disconnections in telecommunications networks that lead to work suspension, cancellation of or break in service of the App.
9.1. The “Leave Feedback” option is available for the Seller and the Buyer. Due to this option, Counterparties may leave feedback scores and write comments on the transaction conducted.
9.2. The Buyer may rate a transaction and write comments or leave media-based feedbacks, which are stored in the Seller’s profile and are available for other Users. Writing comments or leaving media-based feedback when rating a transaction is optional.
9.3. The Seller may leave feedback score for the Buyer after the transaction has been conducted. This information is non-public.
9.4. The Buyers may leave the following media-based feedback by:
- uploading a picture from the gallery – the User may choose a picture from mobile gallery. The picture can show the item purchased or impressions on the transaction;
- using camera – the Buyer may take a picture while leaving feedback by using mobile device’s camera;
- leaving video feedback – the Buyer may shoot a 15 min. video while leaving feedback.
9.5. The feedback option is available right after the Seller accepts a purchase offer made by the Buyer.
9.6. Rating is optional for Counterparties.
9.7. The transaction is rated according to 5-point scale: where 1-star rating means a very negative feedback and 5-stars rating is a very positive feedback. When rating a transaction less than 3 stars, the Buyer is obliged to write a comment and describe his decision to leave low score. The comment may contain up to 280 symbols.
9.8. The feedback must contain:
- item description: Item condition and a score left according to the description of the listing;
- description of the transaction – score the conversation with the Seller, the services provided by the Seller, etc.
9.9. Any feedback (written or media-based) must not contain:
- assaults, swear words, colloquial expression, etc.;
- text, pictures or videos that are vulgar or obscene, or related to racial hatred, sexual violence, xenophobia and conflicts between people;
- counterparty’s or other person’s details (such as name and surname, user’s name, address, telephone number, email address);
- unreadable symbols;
- advertising texts, pictures and video.
9.10. By leaving feedback, the Buyer is responsible for its content. Feedback must contain true information on the transaction.
9.11. The Administrator shall not interfere in the rating and feedback process. In some cases, the Administrator is entitled to delete or alter the feedback if:
- the feedback violates the clause 9.9. hereof;
- the feedback was left by mistake or with specific intention to wrongfully harm the Seller’s reputation (for instance, for the purpose of revenge) as indicated by the comment left, the period of time or other factors (at the discretion of the Administrator);
- the comment doesn’t correspond to the score left;
- the comment was left by the Buyer who made an offer in order to leave a comment;
- the comment, which relates to the Item’s quality, has been left since 14 days after the transaction or upon warranty period indicated in the description of the Item provided that the Buyer did not contact the Seller before leaving a feedback;
- the comment contains symbols that make it difficult to read.
9.12. Leaving fake scores/comments using additional Accounts is prohibited. If this clause has been violated, the Administrator shall block the User Account.
10.1. The Administrator has a right to block the User Account (Accounts) for the following reasons (including, but not limited to):
- the User has indicated false contact details (name/surname, telephone number);
- there was actual or nominal change of the Account owner (transfer/sale of registered Accounts is prohibited);
- the User has listed prohibited or restricted Items several times (two or more);
- the User has breached the listing rules several times (two or more);
- the User conducts activities towards other Users and are interpreted by the Administrator as lie, fraud, or misinformation;
- spamming and sending other unwanted messages to other Users by the User;
- purchase and sale of Items using other Accounts owned by the same User (rating growth);
- the User breaches these Terms and Conditions several times (two or more) during a week or more;
- the User does not comply with the requirements imposed by the Administrator under these Terms and Conditions;
- violation of these Terms and Conditions that caused harm to other User and/or the Administrator;
- User’s slander, acts or inaction insult the Administrator’s colleagues, other Users and harm Administrator’s business reputation./li>
10.2. Reactivation of the Account (unblocking) is possible only in accordance with Administrator’s corresponding decision.
10.3. The User, whose Account was blocked, may not register another Account without Administrator’s corresponding decision.
10.4. The User has a right to request the Administrator to unblock the Account by sending a request. The Administrator shall at his own discretion come to a decision within 15 (fifteen) days since receiving a request and on condition that unblocked Account shall not be used for acts/inactions for which it was blocked.
11.1. JUMBOSELL PTE. LTD. is the main owner of the intellectual property rights and industrial property rights and has obtained necessary permits/licenses for their use related to the App, software, company’s databases, trademarks and any other distinctive marks, published content, other content, inventions and content related to the App as well as in regard to technology related to the App.
11.2. The content of the App, including its design, text, images and source code are protected by intellectual and industrial property rights.
11.3. The content of this App, database of Users, screenshots shall not be used, displayed, reproduced, copied, processed or transmitted in any form or by any means without the prior written permission of JumboSell.
11.4. JumboSell shall not be liable for the intellectual property and industrial property rights to the content that Users include in the listings.
12.1. JumboSell provides Users with the Services that are free of charge.
13.1. These Terms and Conditions shall be deemed to have been accepted from the time of the first use of the App, namely after the App has been installed and the User signed up.
13.2. These Terms and Conditions remain effective until one of the parties notifies the other party about its termination but in any case before the full implementation of their obligations.
13.3. The Administrator has a unilateral right to modify these Terms and Conditions by informing all Users on a new version.
13.4. The Seller accepts the new version of Terms and Conditions by keeping “conventional silence” (does not express the desire to cease using the App), continues using the services of JumboSell.
13.5. In cases not covered by these Terms and Conditions and the Annexes, the User shall be guided by the recommendations of a manager or the Administrator of JumboSell, which are directly forwarded to him.
13.6. The User has a unilateral right to refuse to meet the Terms and Conditions by forwarding the message to the Customer Service at firstname.lastname@example.org.
13.7. The User may renew using the App by sending a request to the Customer Service at email@example.com.
13.8. The Administrator has a unilateral right to cease cooperation with the User in the following cases:
13.8.1 The User violates the present Terms and Conditions;
13.8.2 In other cases when the User’s act/inaction harm business reputation of the Administrator or other Users. Notification of the User to cease cooperation by the Administrator is regarded as termination of cooperation.
13.9. Provision of services shall be renewed only after the Administrator’s relevant decision.
JumboSell prohibits selling or listing illegal items, prohibited by local, national or international laws as well as items which may be considered obscene, offensive or misleading. The following items and listings are prohibited: 1.Listings that contain blurry pictures of the Product. 2. Listings that contain pictures of the products that were not taken by the Seller. 3. Product that infringes trademark rights, copyrights or any other intellectual property rights of third parties. 4. Perishable products (food, etc.). 5. Products that violate standards of decency, law or break legal restrictions. 6. Alcoholic beverages or similar. 7. Tobacco products. 8. Blood, body fluids, parts of body, and internal organs of the human body and animals. 9. Animal skins and items made of skins of endangered animals. 10. Burglary tools. 11. Counterfeit currency, counterfeit stamps and coins. 12. Infringing products. 13. Databases that contain personal data. 14. Equipment for electronic surveillance and special technical means used for surreptitious obtaining of information. 15. Embargoed goods. 16. Public servant clothing, official and transport uniform, identity documents and licenses. 17. Illegal drugs of chemical or vegetable origin, psychotropic substances or their substitutes, hazardous chemical substances and drug paraphernalia. 18. All kinds of illegal products and services. 19. Hazardous chemical and biological materials, pesticides. 20. Fireworks, firing devices and explosives. 21. Identity documents, personal financial records and personal data (in any form, including mailing lists). 22. Fake documents. 23. Products, which encourage or facilitate illegal activities. 24. Lottery tickets, tickets to participate in prize draw and slot machines. 25. Blank (empty) warranty cards. 26. Obscene materials, including pictures and images that contain frontal nudity and all kinds of pornography. 27. Badges and police uniform and other security force apparel. 28. Prescription medication, pharmaceutical drugs, devices, tests, services and procedures. 29. Stakes in companies, securities, stocks, shares, receivables, insurance policies and any other financial instruments offered as a form of investment or placement of funds. 30. Official headed paper, strict reporting forms. 31. Stolen property, as well as vehicles that are being sought. 32. Weapons and related products (such as firearms, parts and stores for firearms, ammunition, BB air guns, rifled air guns, tear- gas, stun guns, switchblade knives and weapons for martial arts). 33. Pyrotechnics and explosives, instructions for manufacturing explosives or other hazardous devices and materials. 34. Counterfeit software. 35. Computer hacking software and hacking instructions, software containing viruses or other harmful or destructive elements. 36. Software activators, CD keys, application registration numbers without the original software. 37. Services involving increase of fake traffic or ad views. 38. Education fraud: scientific articles, graduation theses, bachelor projects, etc. 39. Products containing materials advocating enmity, hatred, violence, aggression, racism, intolerance towards sexual, religious or political affiliation, as well as information about organizations with similar views; shocking content; speculative information that allows to gain benefits that infringe the interests of others. 40. Blank warranty cards. 41. Poaching tools and equipment: hunting traps, fishing gear for use in fishing ponds: different kinds of fishing nets, crayfish traps, barriers, etc.; electrical equipment, including components, used for electric fishing. 42. Electric shocker, rubber truncheons, handcuffs and riot control weapons containing tear and irritating agents used by law enforcement authorities. 43. Instructions and addresses to websites, ftp servers, which can contain information on the creation or production of hazardous, illegal or prohibited products; and other instructions that infringe the law or access to such products. 44. Messenger accounts (ICQ, Skype, etc.), email addresses, social media accounts, game and other accounts. 45. Online and offline gambling; casino manuals; gambling equipment; gambling services. 46. Methods, courses, as well as educational and other materials on size (form) change and other parameters of the human body (weight loss methods, gaining muscle mass, self-medication, etc.), which directly or indirectly influence human health.