IDoGood A Digital Marketplace Limited
Terms of Service Agreement – Buyer
This document, rules of conduct, policies and the other documents referenced constitute our Terms of Service (“Terms”). The Terms are a legally binding contract between the Buyer and IDoGood A Digital Marketplace (“IDoGood”). By using this website and the Services of IDoGood, the Buyer accepts these Terms of Service.
IDoGood reserves the right to amend, cancel or alter these Services at their discretion.
The Services provided by IDoGood under this Agreement are collectively referred as the “Services”. This contract sets out the rights and responsibilities of the Buyer when using the Services of IDoGood (the “Services” includes the website and the application for the Buyer’s mobile device, as well as all related websites, and other services or resources provided by us as described below) provided by IDoGood.
IDoGood Service Overview
The following is a brief overview of a typical sales transaction. Any dispute between this overview and the rest of the Terms, the Terms shall prevail.
Services and Applicable Terms
By using the Service, the Buyer agrees to comply with the following policies and any additional policies that IDoGood may notify the Buyer from time-to-time. IDoGood will notify the Buyer by the email the Buyer provided during the registration stage.
For clarity, IDoGood will be placing items for sale on external websites which have their own Terms of Service and Policies. IDoGood shall comply with the Terms of Service and the Policies of every external website where the Buyer purchases the Item(s). If the Terms of Service and the Policies of these external websites conflict with these Terms of Service, IDoGood shall reconcile any differences on a case by case basis. If there is an irreconcilable difference between the Terms of Service and Policies of IDoGood and the Terms of Service and Policies of an external website used to sell the Item(s) the Buyer wishes to purchase, IDoGood will remove that particular Item(s) from that particular online marketplace.
Buyer Representations and Warranties
The Buyer represents and warrant that:
If the Buyer breaches any of the above representations and warranties, the Buyer may be ineligible to participate in Service in the future. In addition, IDoGood is under an obligation to share information regarding such potential or actual breach with third party marketplace websites, in which case said website may restrict or suspend the Buyer’s selling activity on their website.
Insurance for the transportation of the purchased Item(s) may be purchased by the Buyer at the time of purchase. IDoGood may arrange insurance through a third party insurer. If the Buyer does not wish to purchase insurance for the shipping and handling of the purchased Item(s), IDoGood is not responsible for any damage to the Item(s). Further, if an Item(s) is damaged during transportation, the Item(s) is no longer eligible for a refund.
The Buyer shall remit payment to IDoGood using PayPal, interac/Electronic Money Transfer or Credit Cards (via Square).
The Buyer may return an unused, unopened Item(s) if it is not listed as ‘final sale’ within thirty days after receiving the Item(s) and receive a refund of 86% of the purchase price or total price minus $35, whichever is lower.
If an Item(s) is broken or not as advertised, the Buyer must inform IDoGood within five days of receiving the Item(s) to receive a full refund. The Buyer is responsible for notifying IDoGood as soon as possible with a description of how the item is broken (including pictures, if IDoGood requests them). If the Item(s) was broken during transportation, and the Buyer purchased insurance, IDoGood shall assist the Buyer by providing the insurance information necessary to make a claim. If the Buyer did not purchase insurance and the Item(s) was damaged while in transport, the Buyer is not eligible to return the item and no money shall be refunded. In any case, the Buyer is responsible for the cost of shipping the return of the Item(s) to IDoGood.
If an Item(s) is not returned in its original state, the Buyer will not be refunded the purchase price. FINAL SALE Item(s) are non-refundable. Cash on delivery items are non-refundable. IDoGood recommends and encourages the purchase of insurance when shipping Item(s).
IDoGood primarily deals with used or second hand items which may contain flaws (as advertised) or other minor dings, marks, scuffs, or light wear and tear. The appearance of any major issue with any Item(s) will be advertised; however, minor superficial flaws will not be advertised and do not qualify for a return. The following are examples of minor imperfections that are possible and will not be noted as flaws in the description.
Item(s) may possess one or more price tags and/or stickers indicating multiple markdowns;
May need to be washed or dry-cleaned before wearing;
Small dings, marks, scuffs, or light wear and tear (while pictures will be provided in most cases, specific mention of these will not be included in the description of the item);
The determination of minor superficial flaws shall be at the sole determination of IDoGood. Each computer has different settings and may display the Item(s) purchased differently than it is in reality. IDoGood does its best to accurately describe the Item(s) in the written description. However, IDoGood cannot list every single detail of an Item(s). Enlarging a photo or changing the resolution may assist you in evaluating the Item(s) for sale. In some cases, IDoGood may provide additional pictures of the Item(s) at the request of the Buyer.
Prohibition on Shill Bidding
When an Item(s) is listed as an auction on eBay, Kjiji, Etsy, or any other online marketplace, shill bidding is prohibited for the Seller’s Item(s) listed by IDoGood. If a Buyer is found to be participating in Shill Bidding, IDoGood may refuse to sell the Item(s) and ban the Buyer from using IDoGood’s Services in the future. For more information on shill bidding, see Ebay’s policy page here:
IDoGood provides their Services “as is” and “as available” and without any warranty, condition or representation as to the Services, of any kind, express, implied or statutory. IDoGood specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. In addition, to the extent permitted by applicable law, IdoGood is not liable, and the Buyer agrees not to hold IDoGood responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, consequential, or punitive damages) resulting directly or indirectly from the Services or the Buyer’s use of the Program.
IDoGood shall not be responsible for any loss or damage to Item(s) resulting from the following:
Caused by or resulting from inherent vice, wear and tear, rust, corrosion, decay, deterioration, hidden or latent defect;
Caused by or resulting from fungus or mold;
Caused by or resulting from the seizure or destruction of property by order of governmental authority;
Caused by or resulting from war, military action, rebellion or revolution; and/or
Mechanical or electrical derangement of Item(s) unless evidenced by external damage to such Item(s).
Regardless of the previous paragraphs, if IDoGood is found to be liable, such liability to the Buyer or to any third party is limited to the greater of (a) value of the Item(s) the Buyer attempted to purchase (if not sold on eBay, Kijiji, Craigslist, Etsy, or other online marketplaces, based on average selling price of comparable Item(s) sold on ebay.ca in the previous 90 days) and (b) $500.
Authentication and Valuation Services
IDoGood shall make all reasonable efforts to ascertain the authenticity of the Item(s) placed for sale. If a Buyer wishes to hire authentication and valuation services from a third party, IDoGood shall reasonably assist this effort by providing access to the Item(s) for sale. The cost of any authentication and valuation experts used beyond those that may be provided by IDoGood, shall be borne solely by the Buyer.
By using the Service, the Buyer agrees to follow the rules and manners as included in our Terms. IDoGood may contact Users or utilize a third party verification service to verify User Information if IDoGood suspects prohibited conduct has occurred. IDoGood may refuse a user access to or suspend a user from all or part of the Service until the completion of such verification. IDoGood may prohibit a user that is terminated for engaging in any prohibited conduct from using and accessing any future services provided by IDoGood. IDoGood may hold funds after termination to cover chargeback/funds reversal risk or refunds arising from Prohibited Conduct.
The Buyer agrees not to engage in the following Prohibited Conduct:
use the Service for any illegal purpose or in violation of any local, provincial, national, or international law or regulation;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person would consider objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, offensive, or otherwise inappropriate;
interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law or regulation;
interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) making any unsolicited offer or advertisement to another user of the Service; (b) attempting to collect, personal information about another user or third party without consent; or (c) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server;
use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service Account without permission, or falsifying the Buyer’s age, date of birth or other information;
Sell or otherwise transfer the access granted under these Terms or any right or ability to view, access, or use any Material.
IDoGood shall not knowingly sell or advertise illegal or unethical products. However, if such Item(s) are accidentally listed and/or sold, IDoGood reserves the right to cancel any transaction at any time. Further, IDoGood shall notify the police in the case of the sale of any illegal or stolen items.
IDoGood will collect the Buyer’s name, address, phone number, email address and PayPal email address for participation in the Program. IDoGood does not sell or rent the Buyer’s personal information to third parties for their marketing purposes without the Buyer’s explicit consent. The Buyer’s personal information will be used only to provide the Buyer the Services and any additional services the Buyer request.
This Agreement in no way constitutes or gives rise to an agency, partnership, joint venture or other relationship between the parties. IDoGood and the Buyer each will operate under the terms of this Agreement as an independent contractor and not as an agent for the other.
Without limiting other remedies, IDoGood may immediately terminate the Services, and refuse to provide future Services to the Buyer if:
the Buyer breaches this Agreement;
IDoGood believes that the Buyer’s actions may cause financial loss or legal liability to the Buyer, IDoGood, eBay, Kijiji, Craigslist, Etsy, or any other online marketplaces (or any of their affiliates or customers); or
IDoGood suspects that the Buyer (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Item(s).
The Buyer agree to indemnify and hold IDoGood and their respective officers, directors, agents, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due, connected to, or arising out of the Buyer’s breach of this Agreement, or the Buyer’s violation of any law or the rights of any third party.
This Agreement will be governed in all respects by the laws of Canada and/or Ontario and that both parties waive any rights to a trial by jury. In the event of any dispute, all parties agree to submit their claim to first be mediated. If the claim is not settled then the parties agree to submit to private arbitration. The decision of the arbitrator is final and binding on all parties.
All notices or requests pertaining to these Terms will be in writing and will be sent by email, facsimile or recognized commercial overnight courier. Notices will be deemed received upon receipt of written continuation of transmission when sent by facsimile or signing for receipt of delivery if sent by overnight courier. Notices will be sent to the Buyer at the addresses provided.
Effect of Non-Compliance
The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this Agreement will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
IDoGood reserves the right to amend the Terms at any time by posting a revised version on IDoGood’s website. The Buyer shall be notified by email of the updated Terms of Service.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of this Agreement govern, any prior or collateral agreements with respect to the subject matter hereof.
The parties agree that any action in relation to an alleged breach of this Agreement shall be commenced within one year of the date of the breach, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law.