1. Using usedpanda.
You agree and understand that usedpanda.com is an internet enabled electronic platform that facilitates communication for the purposes of advertising and distributing information pertaining to goods and/ or services. While interacting with other users on our site, with respect to any listing, posting or information we strongly encourage you to exercise reasonable diligence as you would in traditional off line channels and practice judgment and common sense before committing to or complete intended sale, purchase of any goods or services or exchange of information. We recommend that you read our safety tips before doing any activity on our site. While making use of UsedPanda classifieds and other services such as the discussion forums, comments and feedback and other services interalia, you will post in the appropriate category or area and you agree that your use of the Site shall be strictly governed by this AUP including the policy for listing of your Classified which shall not violate the prohibited and restricted items policy herein after referred to as the Listing Policy. (Listing Policy) The listing policy shall be read as part of this AUP and is incorporated in this AUP by way of reference:
- "Your Information" is defined as any information you provide to us or other users of the Site during the registration, posting, listing or replying process of classifieds, in the feedback area (if any), through the discussion forums or in the course of using any other feature of the Services. You agree that you are the lawful owner having all rights, title and interest in your information, and further agree that you are solely responsible and accountable for Your Information and that we act as a mere platform for your online distribution and publication of Your Information.
- You agree that your listing, posting and / or Information :
- 1. Shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and / or services.
- 2. Shall not pertain to good , services of which you are not the lawful owner or you do not have the authority or consent to 'list' which do not belong to you or you do not have the authority for.
- 3. Shall not belong to another person and to which the user does not have any right.
- 4. Shall not be defamatory, obscene, pornographic, pedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
- 5. Shall not be harmful to children.
- 6. Shall not infringe any patent, trademark, copyright or other proprietary rights.
- 7. Shall not violate any law for the time being in force.
- 8. Shall not deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
- 9. Shall not impersonate another person.
- 10. Shall not threaten the unity, integrity, defence, security or sovereignty of UAE, friendly relations with foreign States, or public order, or cause incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation.
- 11. Shall not contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource.
- 12. Shall not be patently false and untrue, and written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
- 13. Shall not constitute an unfair trade practice.
- 14. Shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms.
- 15. Shall not distribute viruses or any other technologies that may harm UsedPanda or the interests or property of UsedPanda users or impose an unreasonable load on the infrastructure or interfere with the proper working of usedpanda.
- 16. Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- 17. Shall not be placed in a wrong category or in an incorrect area of the site.
- 18. Shall not list or post or pertain to information that is either prohibited or restricted under the laws of the UAE and such listing, posting or information shall not violate usedpanda's Listing Policy.
- 19. You consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the website.
- You agree that your listing, posting and / or Information:if you use the Site by registering on the Site, you are responsible for maintaining the confidentiality of your User ID, password, email address and for restricting access to your computer, computer system, computer network and your UsedPanda account, and you are responsible for all activities that occur under your User ID and password. If you access the Site using any electronic device other than by registration on the Site, the AUP remains applicable to you in the same manner as if you are a registered user on the Site.
You (the Seller) agree to provide the following information:
- 1. Contractual information pertaining to the goods, if any.
- 2. Total price of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges and the applicable tax.
- 3. All mandatory notices and information provided by applicable laws, and the expiry date of the good being offered for sale, where applicable.
- 4. All relevant details about the goods and services offered including country of origin.
- 5. Relevant details related to delivery and shipment of such goods or services.
- 6. Any relevant guarantees or warranties applicable to such goods or services.
- 7. Whether registered entity.
- 8. Physical address.
- 9. Rating/aggregated feedback.
The Sellers represent and warrant to UsedPanda that all the content pertaining to the goods/services by posted are accurate. Any advertisement, Post shall be consistent with the actual characteristics, access and usage conditions of such goods and services.
Use of usedpanda.com , either by registration or by any other means, is available only to persons, who can enter into a legally binding contract, and or are not barred by any law for the time being in force. If you access usedpanda, either by registration on the site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the listing, posting or information placed on the site on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the site.
3. Abuse of usedpanda's Services
You agree to inform us if you come across any listing or posting that is offensive or violates our listing policy or infringes any intellectual property rights by clicking on the following link firstname.lastname@example.org to enable us to keep the site working efficiently and in a safe manner. We reserve the right to take down any posting, listing or information and or limit or terminate our services and further take all reasonable technical and legal steps to prevent the misuse of the Site in keeping with the letter and spirit of this AUP and the listing policy. In the event you encounter any problems with the use of our site or services you are requested to report the problem by clicking on this link email@example.com
4. Violations by User
You agree that in the event your listing, posting or your information violates any provision of this AUP or the listing policy, we shall have the right to disable the offending content, terminate and or suspend your membership of the Site and refuse to provide you or any person acting on your behalf, access to the Site. If any such content posted by you is disabled or removed, we shall provide you with a notification explaining the action being taken. You shall be given reasonable and adequate opportunity to dispute the action being taken and to request reinstatement of the access to such removed content. Upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the appropriate government or its agency, we shall not host, store or publish any unlawful information which is prohibited under any law for the time being in force in relation to the interest of sovereignty and integrity of UAE, security of the State, friendly relations with foreign states, public order, decency or morality, in relation to contempt of court, defamation, incitement to an offence relating to the above or any information which is prohibited under any law for the time being in force. If any such information is being hosted by us, we shall remove or disable access to that information no later than 36 hours from the receipt of the court order or on being notified by the Appropriate Government or its agency.. We shall, within no later than 72 hours, also provide any information in our control or possession, to the appropriate government agency, for the purpose of verification of identity or for the prevention, detection, investigation or prosecution of offences under any law for the time being or for cyber security incidents.
The Site contains content which includes Your Information, usedpanda's information and information from other users. You agree not to copy, modify, or distribute such content (other than Your Information), usedpanda's copyrights or trademarks. When you give us any content as part of Your Information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, , publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Site as well as on any of our affiliates or partners websites, publications and mobile platform. We need these rights with respect to the content in Your Information in order to host and display your content. If you believe that there is a violation, please notify us by clicking here firstname.lastname@example.org . We reserve the right to remove any such content where we have grounds for suspecting the violation of these terms and our Listing Policy or of any party's rights or law.
You agree not to hold usedpanda.com or any of its officers, employees, agents responsible or accountable for any of your or other user's listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content as postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information, nor are we in a position to have editorial control over the substance or content contained in the listings, postings, or information, save and except to the extent provided in these terms. You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, information by other users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the site or as a result of any sale, purchase of goods and services with other users of the site. We also cannot guarantee continuous or secure access to our Services. Accordingly, to the extent legally permitted we exclude all implied warranties, of merchantability, fitness or quality of the Site and our services.
7. Personal Information
By using usedpanda, you agree to the collection, transfer, storage and use of any personal information provided by you on the Site by UsedPanda LLC. By submitting your resume with your replies, you give permission to UsedPanda to publicly display your resume which can be freely accessed by anyone. You also agree to receive marketing communications from us unless you specifically indicate otherwise in writing to us through email@example.com You may send questions about this policy to firstname.lastname@example.org . You agree that UsedPanda may use information shared by you to provide customer services and to understand if any other services or advertisement listed on UsedPanda website may interest you. You agree that, we may share personally identifiable data of any individual to our agents or recruiters or Affiliates defined as any person directly or indirectly controlling, controlled by, or under direct or indirect common control with, usedpanda, including its subsidiaries and associate companies. You agree that on receipt of a written request from a person who has purchased goods or services, in accordance with law, UsedPanda may need to provide details of the Seller including:
- Address of headquarters and all branches.
- Name and details of seller’s website.
- E-mail address of Seller
- Other information necessary for communication with the Seller.
8. Updates to this AUP and other terms and policies
We may update this AUP or the listing policy at any time and may notify you of such updates via a post on the boards and /or through email communications. The modified AUP and /or Listing Policy shall come into effect immediately. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this AUP shall continue to apply.
9. Third Party Content and Services
The User agrees to indemnify and hold usedpanda, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the user, users use of the service, violation of the TOU, breach by the user of any of the representations and warranties herein, or user’s violation of any rights of another.
11. Governing Law & Jurisdiction
This AUP and the Listing Policy shall be governed and construed in accordance with the laws of the UAE and the courts shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Site.
12. Make an Offer/Buy Now Terms
UsedPanda Assurance for Buyers:
- 1. You should "Make an Offer" of the amount which you wish to pay for the product.
- 2. Once your offer is accepted, you can make the payment online.
- 3. The listed item will be delivered to you by our logistics partner, and only after the delivery, payment will be released to seller.
The BUY NOW purchase option enables a quick sale and implies that you agree to buy the product at the listed price. We will facilitate the payment directly and notify the seller. Once the payment has been made, we will schedule and complete the delivery. If you wish to negotiate, please choose 'Make an Offer' purchase option. Service fee For buyers: The fees applicable depend on the city, weight, category and price of the item you are purchasing. There is a penalty of AED 10 for any cancellation initiated by the buyer after payment is made. For sellers: The fees applicable fees depend on the city, weight, category and price of the item you are selling. Promotional Discount For buyers: A promotional discount may apply depending on the city, weight, category and price of the item you are buying. For sellers: A promotional discount may apply depending on the city, weight, category and price of the item you are selling. Note: UsedPanda reserves the right to change the fee & discounts any time without prior intimation. Please be informed that there is a penalty of AED 20 for any cancellation initiated by the Buyer after payment is made.
- These terms are applicable only to products where delivery services are offered by usedpanda.
- UsedPanda provides delivery and installation/dismantling of the item.
- We encourage buyers to open the packaging and validate the condition as well as specifications of the item as per the AD.
- Any delivery related issues brought to our notice after signing Proof of Delivery (POD) or beyond 3 working days will not be entertained and UsedPanda or its logistics partner will not be accountable.
- UsedPanda does not take any responsibility for the quality of the item being delivered. We encourage buyers to ensure the quality/functionality aspect of the item while making an offer.
- Maximum 3 delivery attempts will be made by us for small items and only 1 delivery attempt will be made for Furniture and Large Home Appliances, post which the order will be auto-cancelled. Also rescheduling on request of buyer/seller can be done for total 5 days failing which the order will be auto-cancelled.
- If the buyer refuses to accept the item after it is being picked up from the seller, it will be returned back to the seller.
- Once a return has been initiated, UsedPanda will attempt to schedule the delivery of the product back to the seller within 5-7 days. However, if the seller is unreachable beyond this time, the transaction stands canceled and the seller will lose claim to the product.
- UsedPanda does not take additional responsibility of picking up any product that is not mentioned in the AD.
- Pick-up and Delivery will be facilitated by our logistics partner.
- UsedPanda reserves the right to refuse facilitating the transaction.
- Ad with multiple inventory count would be marked as sold once the available inventory becomes zero.
- UsedPanda does not encourage tipping to the logistics team.
- Any additional charges for usage of lift/elevator while transporting the product will have to be undertaken by the Buyer/Seller payable at the time of pickup/delivery.
- Any charges levied by society for pick up or delivery of goods will have to be borne by the Seller / Buyer payable at the time of pickup/delivery. Goods will be delivered up to the ground floor, in case of staircase space being insufficient for movement of goods. Also, in case of passage/road leading to the location being narrow/not accessible for vehicular movement, goods will be picked up from/delivered to the closest point.
- For a single ad containing multiple items, additional service fee will be charged based on the weight type of every additional product.
- Failure of cash on delivery (COD) payments after the items are delivered will involve disciplinary or judiciary actions as necessary.
- Heavy items that require additional manpower over 2 people for pick up or delivery, will be charged extra at AED 50.00/- per person.
- Items that require drilling effort will be charged extra payable at the time of pickup/delivery.
13. UsedPanda Marketplace Offers and Discounts
- The details of the various coupons & offers applicable for all Marketplace categories are available here URL: https://www.usedpanda.com/offers
- Promotional money earned through Marketplace can be used within Marketplace categories only
- In a single Marketplace transaction, a user can use maximum promotional money of either 5% of the final agreed price or AED 20 (whichever is maximum)
- Promotional money will expiry after 90 days of credit if unused
- UsedPanda has the right to change the validity or expiry of the promotional money added without any notice
- Instant discounts are applicable only for Buy Now flow.
- Instant discount value will be limited by the service fee charged
- Instant discount can be combined along with the coupon based discount. When combined the net discount applicable will be limited by the service fee charged
14. UsedPanda Shipment Service:
- UsedPanda representative might take images of Seller's product during pickup. The same will depict the condition of product during pickup and might be used to update the Sellers Ad later on.
- If seller opts for ‘Self Shipping’, the following terms apply along with the above mentioned points: If you do not provide the accurate trackable shipment details then UsedPanda holds the right to cancel the transaction at any point.
15. Marketplace Local Transportation Terms
- Marketplace Local Transportation is only available on Heavy items in Home & Lifestyle and Electronics & Appliances categories.
- Online payment amount is non-refundable if cancellation is requested after item is picked up.
- If item is not delivered due to unavailability of the receiving party, the return cost will be paid for by the sending party.
- UsedPanda provides delivery and installation/assembly/dismantling of the item with extra charges payable at the time of pickup/delivery.
- UsedPanda does not take any responsibility for the quality of the item being delivered unless it's a transit damage.
- UsedPanda reserves the right to refuse facilitating the transaction.
- The quantity of items during pickup should match the quantity of items selected during online payment.
18. UsedPanda Jobs:
- As a job-seeker you agree that UsedPanda will not be responsible for any payments made to a third-party (including verified companies).
- As a recruiter you agree that misuse or fraud use of this platform will result in deactivation and/or further action. You also agree to adhere to all job posting rules.
20. No Guarantee of Business:
- UsedPanda does not guarantee business from the leads generated. UsedPanda shall not be responsible or liable at all to the Advertiser if no business or business leads are generated for the Advertiser through ads on the website. Advertiser understands that usedpanda’s only obligation is to place the ads on the Website in the manner provided for in these Terms. Accuracy of the information/content provided is the advertiser's responsibility and UsedPanda will not be held responsible for false claims made by the advertiser.
24. Refund policy
- If a customer faces any issue with the product delivered and raises the same within 72 hours, request will be entertained.
- Admin of UsedPanda will decide the liable party for the issue and if the issue faced is genuine then item will be returned to seller.
- Liable party (seller or buyer) will have to bear the delivery cost of returned item.
- Issues related Physical condition if any, will NOT be Considered for return, post delivery & acceptance of the Product.
- In case of online payment, amount will be reversed to payer after deduction of liable charges if any.
- In case of cash payment, amount will be returned to the wallet. A customer can withdraw through any of the bank account after deduction of liable charges if any.
- If seller is liable party, then delivery charges will be collected either online or cash on delivery (of returned item).
25. Marketplace Seller Incentive Policy
The policy aims to establish guidelines related to performance based incentives which will be used by UsedPanda to reward the registered Sellers upon increasing the customer footfall in usedpanda’s website, which would significantly contribute to brand name of usedpanda
Eligibility for Assured Furniture, Mobiles, Electronics, Appliances and Lifestyle products:
All the Sellers registered in usedpanda’s platform and entered into marketplace agreement with UsedPanda are eligible for the incentive plan upon satisfaction of all of the conditions mentioned below:
- Products listed by the sellers on the platform should meet the UsedPanda fulfilled quality standards, as prescribed by usedpanda.
- No of products sold on platform every month should be more than 100 units.
- Order fulfilment – more than 90% fulfilment of the order within the prescribed timelines
- Customer sales return (DTO) - % of sales return to be less than 20%.
- Customers should not have any open claim/litigation against the Seller
- Complaints, if any raised by the customers to be addressed within 7 days
Quantum of Incentive
The quantum of incentive for such sellers under this Incentive policy will be decided on monthly basis by UsedPanda management and will be intimated to the sellers.
Timing of Incentive
Incentive shall be provide on a periodic basis as decided by usedpanda’s management
Policy amendment and withdrawal
The policy is subject to review and may be changed or withdrawn at the discretion of UsedPanda after giving 15 days’ notice to sellers.
26. Notice of Infringement of Intellectual Property
- UsedPanda is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties
- If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may write to us at email@example.com to delete the relevant Content in good faith
27. UsedPanda Assured marketplace
- UsedPanda has set quality norms for the assured products that are followed by its merchants refurbishing them. These products may or may not be refurbished from the authorized OEM's and UsedPanda is not liable for any claims arising from these products
- Unboxed products available in the UsedPanda Assured Marketplace are generally as good as new and are non-defective. These products are typically returned to the sellers by buyers in their business for reasons such as wrong model dispatched, incorrect colour etc, or are opened by customers who find after checking the contents of the package that the wrong product was shipped or simply the change of mind at customers end. As per our terms and conditions, if a product does not meet our buyers' expectations, we encourage them to not accept it and subsequently initiate a refund of the payment. These products also come with third party warranty of specific duration which would change from time to time
- We do not warrant that product descriptions are accurate and actual condition of the product may vary due to enhancements.
- Warranty on Assured Mobile Phones is optional and customers can avail the same by paying applicable charges.
28. UsedPanda Easy
- We strongly recommend our users to exercise their discretion & due diligence about all relevant aspects prior to availing any products/services. Please note that UsedPanda LLC does not implicitly or explicitly endorse any product/s or services provided by advertisers/service providers.
- The information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any advertiser with UsedPanda LLC. This verification is solely based on the documents as supplied by an advertiser/s or as per the details contained in Customer Registration Form.
- Service providers at all times ensure that all the applicable laws that govern their profession are followed while rendering their services.
- We strongly recommend our users to exercise their discretion & due diligence about all relevant aspects prior to availing any products/services. Please note that UsedPanda LLC does not implicitly or explicitly endorse any product/s or services provided by advertisers/service providers. The information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any advertiser with UsedPanda LLC .This verification is solely based on the documents as supplied by an advertiser/s or as per the details contained in Customer Registration Form.
- The advertiser acknowledge that any liability/claim in respect of the products or services promoted through the Advertisements under the scope of this Agreement shall be solely to the account of the advertiser. It is agreed that in case of any claims in respect of the same against usedpanda, the advertiser shall indemnify UsedPanda against all such claims and damages.
- Advertiser shall procure and keep valid all necessary licenses, permissions, authorisations, consents, approvals and registrations with/from any government department, agency or authority required for it to perform the Services in accordance with this Agreement and bear sole and exclusive responsibility for all compliances with such licenses permissions, authorisations, consents, approvals and registrations.
- All the Assured/Refurbished handsets, electronic items listed on UsedPanda belong to sellers. Refurbishment of the products are being done by the Sellers and UsedPanda is not responsible for the Quality of any of these products.
- UsedPanda doesn't qualify the condition of the phones listed on its platform or transacted through the online flow of Marketplace flows.
- UsedPanda Marketplace is a Consumer-to-Consumer used good platform and hence any transaction done through the flow attracts VAT at 5% of the Service fee charged and not on the value of the used item sold.