Terms & Conditions
Last Updated on 04/12/2024
TERMS & CONDITIONS
Welcome to Shufflebuy,
These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use”) shall govern the relationship between Shufflebuy LLC, having its principal office at 390 North Orange Avenue, Suite 2300, Orlando, FL - 32801 (hereinafter referred to the “Company” or “Shufflebuy” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user(s)”) and shall also govern your use of www.shufflebuy.com/ and its related mobile application, namely, “Shufflebuy” available on Apple’s App Store and Google’s Play Store (hereinafter referred to as the “Website” or “Site” or “App”).
Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement. These Terms & Conditions shall be read in conjunction with our Disclaimer, Community Guidelines, and Privacy Policy statement.
If you do not accept these Terms in its entirety, then you cannot use the site or App or avail our services.
ACCEPTANCE OF THE TERMS & CONDITIONS
By accessing or using our App or Website or contacting us in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
You have read, understood, and agreed to be bound by these Terms, any future updates and additions to these Terms, as published from time to time at the Website or App.
You are of sound mind and at least of the age of majority as per the laws of State that you reside in, in order to form a binding contract with us. In case you are not of the age of majority, then you must have the permission of your lawful guardian to use and access the Website or App.
You have read, understood and consented to our Disclaimer, Community Guidelines, and Privacy Policy statement.
We have not previously disabled your account for the violation of law or any of our policies.
ACCOUNTS, PASSWORDS AND SECURITY
Account Registration: To access various parts of the App, and to avail various services of Shufflebuy, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of any or all of the services.
USE OF THE SHUFFLEBUY APP AND SITE
Allowed uses:
Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with our services, including all the features and functionalities of our App.
Information: Whenever prompted, you must provide us with the correct, accurate and updated information about yourself.
Listing: Whenever you post a listing on our App, you have to ensure that such listing abide by the terms of our Community Guidelines, and is in respect of safe and legal item. You have to ensure that you own the rights to the item that you are listing, or have the written permission of such owner. We reserve the right to take down such content and listing that violates any of our policies.
Category: You can post a listing in any one of the following categories: a) Arts & Crafts, b) Automotive, c) Books, d) Camping, e) Clothes & Accessories f) Collectibles g) Electronics h) Garden i) Hauls j) Houses & Rentals k) Jewellery l) Kitchen & Furniture m) Motorcycles n) Music o) Random p) Sports q) Toys & Games r) Video Games s) Wanted Garage sale u) swap v) boats.
Material: For the purposes of these Terms, “material” shall mean any video, text, graphics, sound material, published on the Website or App, whether a copyright of Shufflebuy, its owner/director, its licensors or other users or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website or App. You must not reproduce any part of the Website or App or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
Restricted uses:
You cannot use the App for selling anything illegal, or for committing any fraudulent or immoral act.
You can’t impersonate others or provide inaccurate information.
You can’t text, post, raise, or comment on any political, racist or such other issue which effect’s a person, community or society. For more information, see our Community Guidelines.
You must not misuse or interfere with the Website or App or try to access them using a method other than the interface and the instructions that we provide. You may use the services only as permitted by applicable law, and as per the directions provided by us. Please read out Community Guidelines for more information on what’s allowed and what isn’t.
You must not:
contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third-party website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
make any libelous or defamatory comments or postings to or against anyone;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the service, except for internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
post content that is outside the local area or not relevant to the local area, repeatedly post the same or similar content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
republish material from the Website or App;
sell, rent or sub-license material from the Website or App;
show any material from the Website or App in public without our consent;
edit or otherwise modify any material on the Website or App (other than editing your own information as per the method provided);
reproduce, duplicate, copy or otherwise exploit material on our Website or App for a commercial purpose; or
redistribute material from the Website or App, except for content specifically and expressly made available for redistribution, or with our written consent and according to our terms;
infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or other users or any third party;
We reserve the right to restrict your access to any areas of our Website or App, or indeed our whole Website or App, at our discretion.
We reserve the right to discontinue our services, or discontinue any of the App features, at any time, at our sole discretion.
You must not use our Website or App in any way that causes, or may cause, damage to the Website or App or impairment of the availability or accessibility of the Website or App; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our Website or App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website or App, without our express written consent.
OUR CONTENT AND RIGHTS
This App, website, its logos, its content, designs, trademarks, trade dress, trade name, all of our features, functionalities and services, and listings, shall remain the sole property of the Shufflebuy, and/or its licensors, as the case may be. Your use of or access to this App or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this App, our services, any content , designs, published by us or our licensors or third parties. This App and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this App are the exclusive property of, or are licensed to the Shufflebuy and are protected.
YOUR CONTENT AND RIGHTS
Your Content is yours: The content, including without limitation, listings, text, images, videos and comments posted by you, and other information that you post or share may be protected by intellectual property laws. You own the intellectual property rights in any such content that you share on the App. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content (except defamatory one) with anyone else, wherever you want.
License: However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing and improving our services.
Description of License: Specifically, when you share content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, publish, distribute, modify, copy, publicly perform or display, and translate your content. However, we do not have any responsibility to use or display any part of your content on any part of the App. We retain the right to display the same at our own discretion. For example, if we find it defamatory, misleading or false, or violative of our policies, we might not display the same.
Terminating the License: You can end this license for specific content by deleting such content from our App, or generally by closing your account, except (a) to the extent you shared it with others as part of the service and they copied, downloaded, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
Advertisements: We will not include your content in advertisements for the products and services of third parties to others without your separate consent. However, we have the right, without payment to you or others, to serve ads near your content and information.
Who can view your profile/content: All the profiles and accounts on Shufflebuy are public and as such all your content will be viewable to the users or viewers of the App or the Website.
You may share it with others: Since you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, at your sole discretion.
CONTENT POSTED BY OTHER USERS
While using our App and our services, you will encounter listings or content that is posted by other users. Therefore, there is a likelihood that such information or content or listing be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Shufflebuy generally does not review content provided by our users, however, we reserve the right to do the same, and remove any content or listing that violates any of our policies, in our sole discretion. You can also report a listing to us at .
LINKS TO THIRD-PARTY SITES AND ADS
The Website or App might contain links to third-party websites, products and services. Such third-party links or products are not under the control of Shufflebuy, and Shufflebuy is not responsible for any third-party links or products. Shufflebuy provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party website, and you get out of the jurisdiction of our Website or App.
PRIVACY
In order to see what data we collect and how we use or store or share such data, please refer to the detailed statement available on our Website or App.
LOCAL PICKUP - PAYMENTS AND TAXES
The products posted by third parties cannot be purchased by you on our platform. Our platform only connects the buyers and the sellers, and these local pickup transactions take place outside of our platform. Therefore, we disclaim all responsibility in this respect. However, you may be able to buy certain services offered by us directly in respect to your Shufflebuy account.
You shall be responsible to borne all the applicable taxes and bank charges (wherever applicable) for such purchase. The service may employ the use of third-party services for the purpose of facilitating payments. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
Buyer Protection
Buyer Protection is a program that helps buyers resolve disputes with sellers. If a buyer is unsatisfied with a product or service, they can file a dispute within 30 days of the transaction. The dispute will be reviewed by our team, and if the buyer is found to be in the right, they will be refunded the full amount of the transaction. The buyer protection program is only available for transactions that are completed on the Shufflebuy platform and over $100 USD. Transactions that take place outside of the platform are not covered by the buyer protection program.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, we DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FINANCIAL GAIN OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT about our services or any of the products listed on our platform. In no event shall Shufflebuy, or its owner(s), be liable to you or any third party for any lost profits, lost data, financial loss, costs of procurement of substitute products or services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or our services, even if Shufflebuy has been advised of the possibility of such damages. Access to, and use of, the App and Site and availing our services is at your own discretion and risk, and you will be solely responsible for any losses or damages resulting therefrom.
LEGAL ACTION
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of or its owners/directors, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
INDEMNITY
You acknowledge to defend, indemnify and hold Shufflebuy, its owners/directors, and licensors (hereinafter referred to as) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable Lawyer’s fees, made by a third party, relating to, or arising from:
Your violation of our rights or rights of other users, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights;
Your wrongful or improper use of our services, Site or App;
Your violation of any applicable laws, rules or regulations;
Your violation of these Terms or any other policy of ours as associated with our services;
The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.
Notification of Claims of Infringement
Shufflebuy 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 authorized to act on behalf of the owner of intellectual property rights and believe that any content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to Shufflebuy together with a request to Shufflebuy to delete the relevant content in good faith at (enter email).
In case you are an owner of an Intellectual Property and want to specifically report about any counterfeit goods on our platform, please write to us at (enter email).
Stripe Checkout and Credit Card Payment System
Shufflebuy integrates with Stripe, a third-party payment processing gateway, to facilitate secure payment transactions for products and services listed on the platform. The terms of Stripe's services, including security measures, chargebacks, and dispute resolutions, are governed by Stripe's own terms and conditions. You can read more about Stripe's terms and conditions here: https://stripe.com/us/checkout/legal.
Local Pickup Transactions and Disputes between Users inter-se
Shufflebuy is merely a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase, or provision of service on the Platform.
When a product or service is listed on Shufflebuy, the product purchased or service availed by the user from the seller will be governed by the bipartite contractual arrangement entered into directly between the buyer and the seller. Buyer agrees that Shufflebuy cannot and does not confirm each seller’s purported identity. Shufflebuy encourages buyers to exercise discretion and caution while dealing with any seller, and the same goes for seller as well.
For any product or service, Shufflebuy does not represent either the seller or the buyer in specific transactions. Shufflebuy does not control and is not liable to or responsible for the quality, safety, suitability of products or services, lawfulness or availability of the products or services offered for sale on the platform, or the ability of the seller to complete a sale or the ability of buyers to complete a purchase. Shufflebuy does not implicitly or explicitly support or endorse the sale or purchase of any product or service on the Platform. At no time shall any right, title or interest in the product or service sold through or displayed on the platform vest with Shufflebuy nor shall Shufflebuy have any obligations or liabilities in respect of any transactions on the platform.
User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the platform, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to product or services that are the subject of transactions using the platform. User acknowledges and undertakes that it is transacting on the platform at its own risk and is using its best and prudent judgment before entering into any transactions through the platform.
Shufflebuy shall neither be liable nor responsible for any actions or inactions of the user nor any breach of conditions, representations or warranties of the products or services and hereby expressly disclaims any and all responsibility and liability in that regard. Shufflebuy shall not mediate or resolve any dispute or disagreement between buyer and seller or users inter-se.
In the event that any user has a dispute with any party to a transaction such user agrees to release and indemnify Shufflebuy (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
We do not make any representations pertaining to the information, content, listing, products or services and user acknowledges that we are only acting as an intermediary between the buyer and the seller. User hereby further agrees, acknowledges and confirms that under the aforesaid circumstances user’s only recourse will be against the seller/buyer, as the case may be, and we will not be made a party to any such issue and/or dispute between the users.
The sellers shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to sell any product through the platform.
GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of State of Florida (USA).
Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated in Orlando, Florida (USA).
Disputes between users of Shufflebuy: You understand and acknowledge that Shufflebuy is an intermediary platform that connects you with the other users or buyers or sellers on Shufflebuy, and we in no way are responsible for the conduct of any of our users or buyers or sellers. Therefore, if you have any claim or dispute against another user or buyer or seller, you undertake to take it up directly with the concerned user or buyer or seller, as the case may be. Shufflebuy shall not mediate or resolve such disputes, and nor shall become a party to such disputes. However, if you believe that any other user or buyer or seller has violated these Terms, our Community Guidelines, applicable law, or any other policy of Shufflebuy, you can file your complaint at (enter email), and we will take necessary action in accordance to our policies and applicable law.
NOTICES
When you use the Website or App or send emails to Shufflebuy, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website or App. Shufflebuy will communicate with you by email or by posting notices on this Website or App or through email. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to (enter email).
MISCELLANEOUS
Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend your account, and your access to our website or App, at our sole discretion.
Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms.
Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.
No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.
No Assignment: You may not assign these Terms & Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Shufflebuy, which may be withheld at Shufflebuy’s sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void.
Entire Agreement: The Terms, Disclaimer, Community Guidelines, and our Privacy Policy, together with any additional terms and conditions executed between us, constitute the entire Agreement between Shufflebuy and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website or App.
Force Majeure: Shufflebuy, its owner/director, and its agents will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.
Grievance Officer/Designated Representative
In the event you have any grievance regarding anything related to these or or or , or with any of the content hosted on Shufflebuy, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at:
Name: Support
Email: support@shufflebuy.com