PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU CANNOT USE THE SERVICE.

ENVIE Pte. Ltd. (“ENVIE”, “we”, “us” or “our”) provides its services to you through its mobile applications and other software made available by ENVIE.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound.

If you do not agree to abide by these or any future Terms of Service, do not use or access the Service. It is your responsibility to regularly check the Service to determine if there have been changes to these Terms of Service and to review such changes.

 

Access and Use of the Service

Services Description :
The Service provides a mobile and online marketplace for items in which sellers and shops can upload photos of, list and sell their items as well as apply certain image filters to such photos, and buyers can browse and purchase such items (the “Service”).

Your Registration Obligations :
You may also be permitted to register with the Service directly. In any case, if you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to temporarily or permanently suspended members of the Service. If you do not qualify, please do not use the Service. Additionally, ENVIE reserves the right to refuse access to, or use of the Service to anyone, and may terminate any account, at anytime, in its sole discretion. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.

Member Account, Password and Security :
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to do any of following:
1. You immediately notify ENVIE of any unauthorized use of your password or account or any other breach of security.
2. You ensure that you exit from your account at the end of each session when accessing the Service. ENVIE will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to the Service :
ENVIE reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice. You agree that ENVIE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Use and Storage of Your Data :
You acknowledge that ENVIE may establish general practices and limits concerning use of the Service. You agree that ENVIE has no responsibility or liability for the deletion or failure to store any data or other data maintained or transmitted by the Service. You acknowledge that ENVIE reserves the right to terminate accounts that are inactive for an extended period of time.

Mobile Services :
When you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.

Referral Program and Credits :
ENVIE may from time to time offer credits to existing members that refer new users to the Service using the code provided by ENVIE to such existing members. ENVIE may also make certain credits available to such new users using the code. The amount of such credits will be determined, and may change, from time to time in ENVIE’s sole discretion and such program may be terminated by ENVIE at any time, in each case with or without notice to you. ENVIE reserves the right to limit the number and/or amount of credits that may be earned with respect to any existing user with or without notice to you. To be eligible for credits, the new user must be an individual that has never registered for the Service and she or he must be using a mobile device for sign up and the mobile device must not be associated with an existing ENVIE account. Any credits granted cannot be traded for cash or any other service. We reserve the right to void any credits that we believe in our sole discretion are a result of fraud or other misuse of this program or the Service.

 

Conditions of Use

Member Conduct :
You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, images, graphics, videos, messages or other materials (the “Content”) that you upload, post, publish or display or otherwise transmit via the Service, and for all items that you sell or purchase via the Service. The following are examples of the kind of items, the Content and/or use that is illegal or prohibited by ENVIE. We reserves the right to investigate and take appropriate legal action against anyone who, in ENVIE’s sole discretion, violates this provision, including without limitation, removing the offending items or the Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

General Prohibitions :
You agree NOT to do any of the following:
1. use the Service to sell, post or otherwise transmit any item or the Content that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable.
2. have a right to sell or transmit under any law or under contractual or fiduciary relationships.
3. poses or creates a privacy or security risk to any person.
4. infringes any intellectual property or other proprietary rights of any party.
5. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes, or any other form of solicitation.
6. use the Service to sell and buy items that are sent to the same address or nonexistent address or with no tracking information or wrong tracking information.
7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
In the sole judgment of ENVIE, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose ENVIE or its members or users to any harm or liability of any type;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Service;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
violate any applicable local, state, national or international law, or any regulations having the force of law;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

 

Purchase and Sale Transactions

Fees and Transactions :
Registering for the Service is free; however, ENVIE charges certain fees for various transactions effected through the Service. All fees are quoted in US Dollars or Singapore Dollars. Buyers are responsible for paying all shipping costs, applicable sales, excise, import, export, VAT and other taxes or duties associated with the purchase and sale of any items through the Service.

Fee Modifications :
We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service including to lower fees for promotional events, and such changes are effective when we post information about the fee change through the Service.

Listing Restrictions :
ENVIE prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including without limitation items.

Selling :
You must have the legal authority to sell the items that you are listing for sale through the Service. You must describe your item and all terms of sale in your listing truthfully, accurately, reasonably, and completely in according with our listing guidelines. If you accept an offer, you shall complete the transaction with the buyer unless the transaction is prohibited by law or these Terms of Service, subject to the return procedure described below. You are also responsible for payment of the commission to ENVIE.

Buying :
If you agree to purchase an item through the Service and confirm the transaction, you are obligated to complete the transaction in accordance with the terms and conditions specified by the seller, unless the transaction is prohibited by law or these Terms of Service, subject to the return procedure described below.

Shipping :
The seller must ship the purchased item to the buyer within 6 days after the order. If the seller does not ship the purchased item within the required time period, then the seller and the buyer will be notified that the order will be cancelled. The buyer must confirm its acceptance within 3 days after receipt of the purchased item. If the buyer does not respond within such time period, the purchased item will be deemed accepted.

Returns :
If the item you receive is damaged, the wrong item or not as described, or if any items are missing, then you must report the issue to ENVIE Support within 3 days after delivery of the purchased item. Alternatively, you can also email us within 3 days after delivery at hi@envie.support to let us know.

 

Intellectual Property Rights

Service Content, Software and Trademarks :
You acknowledge and agree that the Service may contain images and descriptions of fashion items and other content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ENVIE, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the content, in whole or in part, except that the foregoing does not apply to your own user content that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service is the property of ENVIE, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service. Any rights not expressly granted herein are reserved by ENVIE.

The ENVIE name and logos are trademarks and service marks of ENVIE. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ENVIE. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ENVIE trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of ENVIE trademarks will inure to our exclusive benefit.

Credits :
Credits on ENVIE are not redeemable for cash or cash equivalents, are non-transferable and may not be applied toward prior purchases. If your account has been suspended, you will not be able to use the credits during the duration of your account suspension. Other restrictions may apply. We reserve the right to rescind at any time any credits that you may receive a result of referral or other promotional programs, subject to reasonable notice to you.

Electronic Communications :
When you use the Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.

Third Party Material :
Under no circumstances will ENVIE be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Service. You acknowledge that ENVIE does not pre-screen items or content, but that ENVIE and its designees shall have the right but not the obligation in their sole discretion to refuse or remove any items or content that is available via the Service. Without limiting the foregoing, ENVIE and its designees shall have the right to remove any item or content that violates these Terms of Service or is deemed by ENVIE, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.

User Content Posted on the Site :
You are solely responsible for the content you post or transmit on or through the Service. You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any user content you hereby grant and will grant to ENVIE and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your user content in connection with the operation of the Service or any other products or services of ENVIE, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed including without limitation publishing your user content on the Internet or on third party services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your user content.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service, provided by you to ENVIE are non-confidential and ENVIE shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that ENVIE may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ENVIE, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Infringement Policy :
ENVIE respects the intellectual property of others, and we ask our users to do the same. ENVIE will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Copyright Act in the United States or Singapore and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact us with the following information :

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest ;

a description of the copyrighted work or other intellectual property that you claim has been infringed ;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service ;

your address, telephone number, and email address ;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law ;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.

If you believe that your user content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent :

your physical or electronic signature ;

identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled ;

a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content ;

your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the United States or Singapore and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

Last Updated Date : December 1, 2015