Digitalnerds Market place Terms Of Service
In addition to the terms of service outlined below, all sellers also agree to the Stripe Connect terms of service.
Welcome to Digitalnerds! We operate a community marketplace which allows you to buy and sell items using our website, apps and services. Have a good time, and remember our house rules!
Introduction
1.1 Welcome to the Digitalnerds platform (the ‘Site’). We’ll refer to our website and other services as our “Services”, and Digitalnerds will be addressed individually or collectively as “Digitalnerds”, “we”, “us”, or “our”. Do read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you’ll be agreeing to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our services.
1.2 This document and any documents referred to within it will collectively make up the ‘Terms of Service’.
1.3 Our “Services” include (a) the site, (b) the services provided by the site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted by Users using our Services will be “Your Content”. Your Content includes your usernames, account names, profile pictures, listing photos, listing description, reviews, comments, private messages videos etc.
1.4 Our services include an online platform service that provides a place and opportunity for the sale of goods or services between the buyer (“Buyer”) and the seller (“Seller”), collectively known as “Users” or “Parties”. The actual contract for a sale is directly between the Buyer and the Seller. We are not a party to that contract or any other contract between Buyer and Seller. Parties to the transaction will be entirely responsible for the sales contract between them in accordance to the listing of goods, warranty of purchase and the like. As such, We accept no obligations in connection to these contracts. However, if you have problems with your transaction, we may step in to help (refer to section 10). We do not pre-screen Users and any of Your Content. We cannot ensure that Users will actually complete a transaction.
1.5 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability.
1.6 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.
Privacy
2.1 We know your personal information is important to you, so it’s important to us. Our Privacy policy details how your information is used when you use our Services. When using our Services or providing information on the site, you consent to Our collection, use, disclosure, and processing of Your Content and personal data as described in the Privacy Policy.
2.2 Users in possession of another User’s personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.
Your Account
3.1 You’ll need to create an account with Us to use some of our Services. Here are a few rules about accounts with Us:
3.1.1 You must be 18 or older to use our Service. Otherwise you may only use our Services under the supervision of a parent or legal guardian.
3.1.2 Be honest with us, and provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
3.1.3 You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person’s name on the account will be ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
3.1.4 As we’ve mentioned above, you’re solely responsible for any activity on your account, so remember to keep your login and password secure.
Limited License
4.1 We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of Digitalnerds and where applicable, third parties proprietors identified in the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.
Your Content
5.1 Content that you post using our Services is your content. This includes usernames, account names, profile pictures, listing photos, listing descriptions, reviews, comments, video, etc.
5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you’re not infringing or violating any third party’s rights by posting it.
5.1.2 Posting Your Content through our Services, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership to Your Content, but we have your permission to use it to help us function and grow.
5.1.3 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If your Content infringes another person’s intellectual property, we will remove it if we receive proper notice.
5.1.4 You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items/Services section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.
Your Use of Our Services
6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection without your use of the Services. This includes any local, state, federal and international laws that may apply to you.
6.2 You are responsible for paying all fees that you owe to us You are also solely responsible for collection and/or paying any applicable taxes for any purchases or sales you make through our Services.
6.3 You agree not to attempt to obtain source code of the services. You agree to not interfere with or disrupt/harm our services.
6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.
6.5 If you believe a User on our Site is violating these terms, please contact us.
Purchase and Payment
7.1 Currently we only support Credit Card payments. These payments are processed through third-party payment channels and may vary depending on the jurisdiction you are in.
7.2 All sales on the platform are biding. The seller is obligated to complete the transaction with the buyer in a prompt manner unless an exceptional circumstance arises.
Seller Commission
8.1 The seller of any item will pay us a commission on the total transaction amount received by the seller including taxes, if any, and shipping costs for any of the transactions made on our Site.
8.2 Our commission will be deducted directly from your funds before the funds are settled into your account. The total commission we deduct is 5% of the total received by the seller. 2.9% + .30 goes to our payment processor. The total charge to the seller is 8%.
8.3 All third-party payment channels will charge you a fee for payment processing. The payment processing fee is included in the seller commission that we charge. The typical fee for U.S. seller accounts is 2.9% + .30 cents. We do not collect this fee, our payment processor collects this fee at the time of purchase and this fee is part of the 7% we charge.
Seller’s Responsibilities
9.1 Sellers will properly manage and ensure that relevant information such as the price and the details of items, inventory amount and will not post inaccurate or misleading information.
9.2 The pricing of items for sale are determined by the Seller at his/her own discretion. The price of an item and shipping charges will include any additional charges such as sales tax, value-added tax, tariffs etc. Sellers will not charge Buyer such amounts additionally and separately.
9.3 Sellers are obligated to deliver items/services as described in a prompt manner, unless there is an exceptional circumstance. If there are any exceptional circumstance the seller is obliged to contact the Buyer to inform them of any delays or inability to complete the transaction.
9.4 Sellers will issue additional receipts, credit card slips or tax invoices to Buyer upon request.
9.5 Sellers will ship items according to their seller policies. Sellers will receive access to payout the amount charged to the buyer, moving funds from the seller’s Digitalnerds account to their bank account, once the item is shipped and in transit.
9.6 Sellers have 48 hours to either accept or decline an offer made by a buyer. Offers that are not accepted or declined within the 48 hour period will expire.
Disputes with Other Users
10.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
10.2 Should you be unable to resolve the dispute between yourself and another user, we may step in to help resolve the dispute. If you would like us to get involved, please contact us. We will help in good faith based on our policies. However, we will not make judgments regarding legal issues or claims.
10.3 Whether you are a Buyer or a Seller of an item, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request. Such requests will be directed to your designated email address. If we are unable to get a response from you we may close the investigation or determine that the investigation has been resolved in favor of the other party.
10.4 Disputes as a Buyer
10.4.1 You may raise two types of disputes, one where the ‘item is not delivered’ and the seller is not responding to any of your attempts to communicate. The second type of dispute is where the ‘item is significantly not as described’.
10.4.2 You may pursue a report about a transaction or contact your card provider to pursue any chargeback options that may be available to you from your card provider. However, you may not pursue both options at the same time or seek double recovery in respect of the same transaction. If you raise a dispute with us and subsequently file a chargeback with your card provider, we will close your report.
10.4.3 If you receive a refund/exchange from the seller, you may not report that transaction.
10.4.4 If the ‘item is not delivered’ we will ask the seller to provide proof of shipping and delivery that can be tracked online. If the seller fails to do so, we will resolve the dispute in you favor.
10.4.5 If the ‘item is significantly not as described’, and both parties cannot agree as to the difference between the item that was sold and what was described, we will make a fair decision based on all the information we hold about the item. We will exercise our decision-making authority based on numerous factors, which include the description of the item at the point of purchase, communications between you and the seller as well as any documentation provided. All decisions made by us are final.
10.5 Disputes as a Seller
10.5.1 As a seller, we encourage you to communicate actively with your buyer especially if there are any exceptional circumstances. We encourage you to be prompt in responding to your Buyers in order to avoid any unnecessary disputes.
10.5.2 For ‘items that are not delivered’ we will contact you to request for proof of shipping. The documentation must clearly show that you have shipped the item to the buyer’s address as reflected on the shipping receipt. The documentation must be able to be tracked online showing the date the item was sent and the official acceptance of the item by the shipping company and the status update that the item was delivered (buyer’s acceptance). This is the only evidence that we will accept as proof of delivery. If proof of delivery cannot be provided then we may resolve the dispute in favor of the buyer.
10.5.3 For items not as described’ disputes, we will be reviewing the item description and images that were provided at the time of purchase. If both parties cannot agree as to the difference between the item that was sold and what was described, we will make a fair decision based on all the information we hold about the item. We will exercise our decision-making authority based on numerous factors, which include the description of the item at the point of purchase, communications between you and the buyer as well as any documentation provided. All decisions made by us are final.
10.5.4 If the buyer attempts to pursue any chargeback options, we will close the dispute in order to prevent double recovery.
Disputes with Us
11.1 If you are upset with us, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:
11.1.1 Governing Law. Digitalnerds’s local laws govern the Terms of Service. The local laws are dependent on the location of incorporation. These laws will then apply no matter where in the world you live.
11.1.2 You agree that any dispute or claim arising from the Terms will be settled by arbitration where possible. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. Any decisions made by the arbitrator will be deemed final.
Changes to the Terms
12.1 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, behaviors and the way people use the Internet and our Service.
12.2 We may revise the Terms of Service but the most current version will always be at this link.
12.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may contact you through the system or via a separate email.
12.4 The current version of the Terms of Service contains the only terms 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.
Prohibited Items/ Services
Digitalnerds is not a curated marketplace. However, for a variety of reasons we prohibit certain types of items from our marketplace. Some of these items present legal risks to our community. It is the Seller’s responsibility to ensure that their proposed item complies with all laws and is allowed to be listed for sale in accordance to local laws of the marketplace’s incorporation. For Seller’s convenience we have provided a non-exhaustive guideline on prohibited and restricted items that are not allowed for sale. We will update this guideline from time to time where necessary. If an item is found to be in violation of this policy, we may subject the Seller to a range of adverse actions, including listing deletion, account suspension, account termination and legal action The following types of items are prohibited: i. Alcohol ii. Tobacco products, smokeable products, e-cigarettes and e-liquid iii. Drugs and drug paraphernalia iv. Medicine, medicinal instruments and items with objectionable medical claims. Listings are prohibited to make claims such as having a causal relationship between a substance and the prevention, cure or treatment of a disease or condition. v. Live animals and insects vi. Items made or derived from animals, including, but not limited to, endangered species and exotic animals vii. Ivory or bones, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory from ivory-producing animals. viii. Human beings, human remains, body parts and items made from human remains, except for hair ix. Hazardous materials which are flammable, explosive, corrosive, radioactive material, poisonous or otherwise dangerous x. Items or listings that promote, support or seek to engage users in illegal activity xi. Items or listings that promote, support or glorify hatred and seek to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation xii. Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks xiii. Counterfeit items xiv. Unauthorized resale of tickets xv. Stolen or Illegal goods xvi. Illegal services not limited to prostitution xvii. Pornography and adult material and services including, but not limited to, pornographic books, magazines, videos and pictures xviii. Used undergarments and intimate items xix. Recalled items or items that present unreasonable risk of harm xx. Mislabeled goods And any other items illegal or restricted in the jurisdiction of the Buyer and/or the Seller or which otherwise encourage illegal or restricted activities. If you see a listing that violates our policies, please contact us.
Contact, feedback and complaints
If you need to contact us please click on contact us for our contact details. 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.
Using the Site
Registration
In order to sell or buy gear at Digitalnerds LLC, potential sellers and buyers must register. Registering to participate implies acceptance of these Terms and Conditions.
Shipping Purchased Items
As a seller, you agree to ship sold items to the buyer within 5 business days. Failure to ship orders may result in a detrimental seller rating and possible account suspension. . Digitalnerds will not pay you for sales until a valid tracking or delivery confirmation number is entered at My account. If you enter a false tracking number, Digitalnerds will not pay you for the item sold until the buyer receives verification that the item was shipped.
If you ship an item via US Postal Service, you must request a delivery confirmation number, as they are not issued automatically.
Some shipping options involve reimbursement to sellers for shipping costs. In order to be reimbursed for shipping costs, you must ship the item according to the shipping method you have chosen. If you ship an item by a method different from that which you previously selected, you will not be properly reimbursed for shipping costs.
Digitalnerds will not be held responsible for fluctuations in the cost of shipping, and you will not be reimbursed for discrepancies between calculated shipping costs and the actual shipping costs. Digitalnerds does not include shipping costs when calculating commissions.
Listing Fees
There are no fees to list gear.
Gear Price
Sellers set the price for the gear. Sellers pay for the cost of shipping and commissions, and should take those costs into considertion when setting the gear price. Digitalnerds reserves the right to change its shipping policies and commissions at any time.
Payment to Sellers
Sellers are mailed a check 4-14 days after a tracking number (USPS, FedEx, or UPS) is received from the seller. This gives the buyer enough time to receive and inspect the item. A 7% commission is deducted from the sale price and a check is mailed to the seller.
Limitations
Sellers agree to sell the item to any buyer that successfully purchases the item. Sellers are discouraged from trying to market or sell the gear through any other online or offline method.
Gear Inspection
Sellers agree to allow the buyer 48 hours to inspect the gear to verify that the gear arrived as was presented on the Digitalnerds site. If the gear matches the description and condition that was presented by the seller, the transaction is final and the Digitalnerds will pay the seller. If the gear does not match the description and condition that was presented by the seller, the buyer can contact Customer Service for possible re-negotiation of the price or return of the gear. This gear inspection policy will only apply if the gear description or condition is not as described and Customer Service is contacted directly. All completed transactions are final. This is not a buy and try guarantee. It is meant to protect against the falsification of gear information.
If the seller is found to have falsified the description of the item in question, the seller’s account will be permanently suspended and the seller will be charged any necessary and reasonable fees for correcting the issue.
We provide detailed guidelines to sellers for rating the quality of the items they list at Digitalnerds , and we make every effort to confirm the accuracy of the ratings that sellers provide. Nevertheless, it might happen that you receive an item that you feel does not deserve as high a quality rating as the seller gave it. Digitalnerds reserves the right to make its own determination as to the accuracy of an item’s quality rating.
Attempts to abuse the Buyer Protection Policy will be investigated very seriously. Digitalnerds reserves the right to suspend the account of any buyer or seller we feel has attempted to commit fraud by misusing this policy for his or her own personal gain. Digitalnerds also reserves the right to withhold seller payment or charge buyer or seller credit cards in order to recover damages related to fraud. In addition, abuse of this policy is a criminal offense and violators will be prosecuted to the fullest extent of the law.
Responsibility for Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website and, if applicable, your listing, purchase and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the website. This includes sales taxes applicable in each state, depending on the threshold required for collection. Digitalnerds is not responsible, in any manner, for paying taxes on your earnings or your use of the website.
Packaging
Shipping your order properly helps to ensure that it arrives in the same condition that you represented it under on our website. Print out the order notification email we’ve sent to you, cut off the bottom portion and enclose it in your package to the buyer. This serves as a reference and packaging slip. You may not insert any promotional or other commercial materials that are not provided or approved by Digitalnerds . This includes, without limitation, material that announces a website or invites the buyer to visit a website other than Digitalnerds , catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. In addition, you are strongly discouraged from including any materials in your shipment that are not directly related to the good being shipped and/or provided or approved by Digitalnerds .
What is not Allowed?
Illegal activity
You agree not to use this site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the site. You agree not to use or permit any one to use information provided through the site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card.
Stolen Property
The sale of stolen property on Digitalnerds and all partner websites is strictly forbidden, and violates state federal and international law. Digitalnerds strongly supports law enforcement efforts to recover stolen property that is listed on its site, and urges the prosecution of those responsible for knowingly attempting to sell such items on Digitalnerds . Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
Promotional Material
The buyer name and address information is provided for the sole purpose of shipping the specific purchased product(s) and may not be used for any other purpose, either in connection with such shipment(s) or separately from such shipment(s). You agree not to include in your shipment to buyers any promotional or other commercial material that is not provided or approved by Digitalnerds . This includes, without limitation, material that announces a website or invites the buyer to visit a website other than Digitalnerds , catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the buyer beyond fulfillment of purchases through Digitalnerds .
Non-Promotional Material
The buyer name and address information is provided for the sole purpose of shipping the specific purchased product(s) and may not be used for any other purpose, either in connection with such shipment(s) or separately from such shipment(s). Digitalnerds strongly discourages you from including any materials in your shipment that are not provided or approved by Digitalnerds . The inclusion of extraneous materials in a shipment may offend or bother buyers and may negatively affect your seller rating. If Digitalnerds receives a complaint relating to your shipments regarding extraneous materials we may take any action that we deem appropriate in our sole discretion, including without limitation issuing a warning, immediately terminating any pending sales, or immediately terminating your access to our service. You agree not to separately contact the buyer beyond fulfillment of purchases through Digitalnerds .
What Happens If You Break Our Rules?
Investigation
We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your right to a good, the source of a good, your acquisition of a good, or the price you paid for a good.
Violations, Termination and Suspension
We may take any action that we deem appropriate in our sole discretion, including without limitation issuing warnings, a warning, or suspension or termination of service, denying access, and removal of listings of items from, or recommending you edit a listing if: (a) you breach this Agreement or the documents it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; (d) or we believe your conduct may cause legal liability for you, for other members, or for Digitalnerds. You agree that payments owing to you for sales made through this site may be suspended or delayed pending our investigation. Digitalnerds is not obligated to pay you for any sales if we have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.
Disclosure of Information
Fraudulent conduct may be reported to law enforcement in accordance with our Privacy Policy, and Digitalnerds will cooperate to ensure that violators are prosecuted to the fullest extent of the law. Digitalnerds also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties.
Making adjustments
You authorize us to withhold payment or charge your credit card accounts any amount you owe us if (a) a sale is cancelled for any reason; (b) an adjustment is made under our Returns Policy or our Buyer Protection Policy; (c) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; or (d) you otherwise owe us a specific amount. If any of those things happen, we may also deduct from any amount we owe you, the amount you owe us.
Your Warranties To Us
For all goods you list as the seller, you warrant that your descriptions of the goods accurately detail and describe the goods offered for sale.
You represent and warrant that any information you provide to us, to other members, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (ii) is not fraudulent; (iii) does not involve the sale of counterfeit or stolen items; (iv) does not infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (v) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (vi) does not contain any viruses or any programming that is intended to damage or interfere with any system, data or personal information.
You agree to indemnify and hold Digitalnerds, and its parent (if applicable), subsidiaries, affiliates, partners (online or offline), officers, directors, attorneys, agents and employees, harmless against all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by Digitalnerds, and its parent (if applicable), subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions.
