PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH OFFERUP, INC. BY ACCESSING OR USING OUR WEBSITE, APPLICATIONS OR OTHER PRODUCTS OR SERVICES (TOGETHER, THE “MKGF SERVICE”), YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE (“TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE OFFERUP SERVICE.
These Terms apply to your access to and use of the MKGF Service provided by MKGF, LLC. (“MKGF,” “we” and “us”). Additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) may apply to particular functionalities and features related to the MKGF Service.
Note: From time to time MKGF introduces new features that may only be available to certain users. Provisions of these Terms of Service relating to such new features, including, at the present, the electronic payments and fulfillment solutions, may not apply to all users.
ONLY USERS WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER MAY REGISTER FOR OR USE THE OFFERUP SERVICE. The MKGF Service is not targeted towards, nor intended for use by, anyone under the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may use the MKGF Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms. You further represent and warrant that you: (a) have not previously been suspended or removed from using the MKGF Service; (b) are legally permitted to, and do, live in the United States or one of its territories, and (c) may enter into this agreement without violating any other agreement to which you are a party. If you are registering to use the MKGF Service on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
- Account Registration and Security Responsibilities
In order to access certain parts of the MKGF Service, you may be required to create an MKGF account (an “Account”) or a seller payment account (“Stripe Account”) with Stripe, Inc. (“Stripe”). In connection with creating an Account or a Stripe Account, you must provide certain information (“Registration Data”) and answer all questions or fields marked “required.” You agree to: (a) provide true, accurate, current and complete Registration Data; (b) maintain and update such Registration Data to keep it true, accurate, current and complete; (c) maintain the security of your Account and the Stripe Account, including by maintaining the security and confidentiality of your login credentials; and (d) consent to allow MKGF to contact you for the purpose of confirming some or all of your Registration Data, to conduct research and to resolve disputes, as MKGF may elect to do from time to time.
- Purchases From Other Users.
- MKGF Payment Solution.A buyer and seller may instead pay with and accept credit cards and other electronic payment methods (each an “Electronic Payment Method”) through the MKGF Service. MKGF has integrated with Stripe, a payment processing service, to allow sellers to accept certain Electronic Payment Methods from buyers using Stripe’s payment processing services (“MKGF Payment Solution”). Buyers who wish to use the MKGF Payment Solution must register an Electronic Payment Method with MKGF, and sellers must enroll for the service through Stripe. Enrollment in and usage of the MKGF Payment Solution is voluntary, so buyers should note that some sellers may not accept Electronic Payment Methods, or may only accept Electronic Payment Methods for certain transactions. MKGF, in its sole discretion, may from time to time impose limits on your ability to make and/or receive payments through the MKGF Payment Solution. Additionally, Stripe may impose its own limits and limitations on a seller’s use of the MKGF Payment Solution. For instance, a seller’s enrollment in the KKGF Payment Solution is subject to Stripe’s confirmation that the seller meets Stripe’s enrollment criteria. Sellers should refer to Section 2(d) below for information about the impact of failing to meet Stripe’s enrollment criteria.
- Buyers.As with any purchases made using cash, all purchases made using the MKGF Payment Solution are made directly between the buyer and the seller when they complete their purchase and sale transaction, pursuant to the terms they determine. When you initiate a payment through the MKGF Payment Solution, the seller processes your Electronic Payment Method using Stripe’s payment processing service. MKGF is not a party to purchase and sale transactions completed using the MKGF Payment Solution, and disclaims any and all responsibility to facilitate such transactions, except to provide an interface through which you can provide your Electronic Payment Method to Stripe to process on behalf of the seller. MKGF further disclaims any and all responsibility to facilitate or provide refunds or returns in any manner, other than as expressly provided in
- Sellers.By using the MKGF Payment Solution to accept Electronic Payment Methods, you are entering into an agreement with Stripe subject to the terms of the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). Notwithstanding anything to the contrary in the Stripe Services Agreement, you will not have the right to have Stripe, and will not request that Stripe, transfer any buyer data Stripe collects via the MKGF Payment Solution to an alternative payment processor. Except for the foregoing restriction that supersedes any rights you may have in the Stripe Services Agreement, the Stripe Services Agreement is separate from these Terms. MKGF is not a party to the Stripe Services Agreement and will not be liable or responsible for the payment services provided by Stripe. If Stripe discontinues providing services in connection with the MKGF Payment Solution, you authorize Stripe to share your payment method information with an alternative third-party payment processor that is or will be integrated into the MKGF Payment Solution.
iii. Seller Fees. You agree to pay the service fees (“Service Fees”) for the sales transactions you make using the MKGF Payment Solution. The Service Fees include Electronic Payment Method processing fees to Stripe and service fees to MKGF. MKGF reserves the right to change the Service Fees from time to time.
- Receiving Sales Proceeds.Upon completion of a sale in which the buyer uses the MKGF Payment Solution, if you have not previously set up a Stripe Account, then you must set up a Stripe Account in accordance with the requirements specified by Stripe to receive the payment via the MKGF Payment Solution. STRIPE MUST ACCEPT YOUR APPLICATION TO USE THE OFFERUP PAYMENT SOLUTION BEFORE YOU CAN RECEIVE SALES PROCEEDS VIA THE OFFERUP PAYMENT SOLUTION. IF STRIPE REJECTS YOUR APPLICATION OR YOU FAIL TO SET UP A STRIPE ACCOUNT WITHIN 90 DAYS AFTER COMPLETION OF A SALE PROCESSED BY STRIPE THROUGH THE OFFERUP PAYMENT SOLUTION, THEN STRIPE MAY DISABLE OR LIMIT YOUR ABILITY TO RECEIVE SALES PROCEEDS VIA THE OFFERUP PAYMENT SOLUTION.
- Acceptable Use Violations.YOUR RIGHT AND/OR ABILITY TO RECEIVE SALES PROCEEDS VIA THE OFFERUP PAYMENT SOLUTION MAY BE REVOKED, DISABLED OR LIMITED IF THE PURCHASE OR SALE VIOLATES SECTION 7 (ACCEPTABLE USE) OF THESE TERMS, INCLUDING FOR SALES THAT VIOLATE THE PROHIBITED ITEMS GUIDELINES.
- Transactions Final.Regardless of the payment method chosen, ALL PURCHASES ARE FINAL, AND THERE ARE NO REFUNDS, UNLESS YOU AND THE SELLER OTHERWISE AGREE AND MAKE ARRANGEMENTS FOR A REFUND. MKGF will not be responsible for facilitating refunds
vii. Taxes. It is your responsibility to determine what, if any, taxes apply to each transaction you complete via the MKGF service, including, for example, sales, use, value added, and similar taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. MKGF is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from any transaction you complete via the MKGF Service.
- Shipping.From time to time, MKGF may, in its sole discretion and pursuant to its, recommend a third party to allow sellers to ship purchased items to buyers. MKGF is not a party to transactions conducted between buyers and sellers, or to the shipping of items from sellers to buyers, and, other than as expressly provided in the MKGF will not be liable for, and you release us from any liability to you for, any losses, damages, or delays related to shipping. You agree not to use the MKGF shipping service to mail or cause to be mailed, or ship or cause to be shipped, any item purchased and sold through MKGF in a manner that violates the law and/or United States Postal Service or shipping regulations, including but not limited to U.S. Postal Service Publication 52. You further warrant that any item you mail or ship contains no weapons, ammunition, explosives, living or infectious biological matter, human remains, pornography, alcohol, prescription drugs, illegal drugs, currency, dangerous goods, hazardous goods, or other goods that may not be shipped or mailed by law. As a seller, you assume full responsibility for compliance with all applicable laws and regulations, including those regarding mailing and shipping. Anyone who sends, or causes to be sent, a prohibited, illegal, or improperly packaged or labeled material can be subject to legal penalties such as civil penalties, fines and/or imprisonment, including but not limited to those specified in 18 U.S.C. § 1716 and 39 U.S.C. § 3018.
- Sellers.From time to time, MKGF may, in its sole discretion, permit certain sellers to post their items for sale nationwide. Sellers will be charged a posting fee for any sale that results in an item being shipped. Sellers who choose to post nationwide must ship their items in accordance with MKGF Shipping Policy. When a seller accepts a buyer’s offer to purchase an item to be shipped, the seller must print the pre-paid shipping label and mail the item within 3 business days of accepting the offer. The seller may cancel an accepted offer up until the package is initially scanned for mailing. The buyer’s payment, minus MKGFs nationwide posting fee, will be released to the seller typically 3 business days after delivery, provided that no Buyer Protection claims are made by the buyer. Buyer Protection claims may result in delay and/or cancellation of payment being released to the seller.
- Buyers.From time to time, Buyers will be able to view items posted nationwide by sellers who have agreed to use the MKGF shipping feature. For these items, the buyer is solely responsible to pay the cost of shipping the item from the seller. Buyers can cancel an offer to purchase an item for shipping up until the seller has accepted the offer. When a seller accepts a buyer’s offer to purchase an item for shipping, MKGF will charge or put a hold on the buyer’s method of payment, pending delivery of the item
- Terms of Sale for MKGF Paid Services.
From time to time, MKGF may make certain services available for a fee in connection with the MKGF Service (“Paid Services”). The following terms of sale apply solely to your purchase of Paid Services
- Fees.Unless otherwise agreed upon by MKGF in writing, the fees payable in connection with any Paid Services (“Fees”) will be specified via the MKGF Service. All Fees are denominated in U.S. dollars and are exclusive of any applicable taxes.
- Payment Method.You may only pay Fees using valid payment methods acceptable to us, as specified via the MKGF Service. You represent and warrant that you are authorized to use the payment method you designate via the MKGF Service. You authorize us to charge your designated payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable to us, your order may be suspended or cancelled.
- Subscriptions.CERTAIN OF THE PAID SERVICES PROVIDED BY OFFERUP MAY BE OFFERED ON A SUBSCRIPTION BASIS WITH AUTO-RENEWING PAYMENTS (“SUBSCRIPTION SERVICES”). THE BILLING PERIOD FOR EACH TYPE OF SUBSCRIPTION SERVICE WILL BE AS SPECIFIED VIA THE OFFERUP SERVICE AT THE TIME OF REGISTRATION. WHEN YOU REGISTER FOR ANY SUBSCRIPTION SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (I) OFFERUP (OR ITS DESIGNATED THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS FOR THE SUBSCRIPTION SERVICE (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) AT THE THEN-CURRENT RATES FOR AS LONG AS THE SUBSCRIPTION SERVICE CONTINUES, AND (II) THE SUBSCRIPTION SERVICE WILL CONTINUE UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE OFFERUP SERVICE IN ACCORDANCE WITH THESE TERMS.
- Cancellation Policy For Subscription Services.TO CANCEL ANY SUBSCRIPTION SERVICE, YOU MUST CONTACT US THROUGH OUR HELP CENTER AND FOLLOW THE INSTRUCTIONS IN THE EMAIL WE SEND YOU IN RESPONSE TO YOUR CANCELLATION REQUEST. YOU MUST CANCEL A SUBSCRIPTION SERVICE BEFORE THE START OF THE NEXT BILLING PERIOD IN ORDER TO AVOID CHARGES FOR THE NEXT BILLING PERIOD’S FEES. FOLLOWING ANY CANCELLATION, YOU WILL CONTINUE TO HAVE ACCESS TO THE SUBSCRIPTION SERVICES (SUBJECT TO THESE TERMS) THROUGH THE END OF YOUR CURRENT BILLING PERIOD.
E. Price Changes. OFFERUP RESERVES THE RIGHT TO MODIFY THE FEES FOR ANY PAID SERVICES, INCLUDING ANY SUBSCRIPTION SERVICES, FROM TIME TO TIME IN ITS SOLE DISCRETION. FOR SUBSCRIPTION SERVICES, PRICE CHANGES WILL APPLY TO THE NEXT BILLING PERIOD.