Last updated: 10/05/2022
Welcome to Style Your Day App!
These Terms of Use govern your access to and use of our application Style Your Day App.
Please read these Terms of Use carefully, and contact us at info@styleyourdayapp.com if you have any questions.
Your use of our App indicates that you have read and accepted these Terms of Use and you warrant that you have the legal capacity to accept these Terms of Use. We are committed to protecting your privacy. By agreeing to these Terms of Use, you also agree to the terms in our privacy policy.
- Setting up an account
1.1. To access our Service, you must register with us and set up an account with your email and password (your “Account”).
1.2. You must be at least 13 years of age and capable in your country of residence of entering into a legally binding agreement to use our Service. Style Your Day does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. Style Your Day is a General Audience Site and the Service and its content are not directed at children under the age of 13. Children under the age of 13 are prohibited from providing any personal information to the Site. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. You may connect to our Service with third-party services approved by us (e.g., Facebook, Instagram or Twitter) and in such circumstances you give us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service as set out in our Privacy Policy.
- Style Your Day Marketplace and Payments
2.1. You can sell your items through our Service by publishing pictures of the item you want to sell (“Sale Item”). When a user of the Service purchases such Sale Item, this is a “Sale Transaction”.
2.2. Sale Transactions may only take place via Style Your Day’s third party payment provider – Style Your Day Payments via Stripe.
Style Your Day Payments operates using Stripe, a third-party service provider for payment services. Your use of Style Your Day Payments via Stripe through our Service is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”) and you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Style Your Day enabling payment processing services through Stripe, you agree to provide Style Your Day accurate and complete information about you and your Style Your Day account. By using Stripe, you hereby consent and authorise Style Your Day and Stripe to share any information and payment instructions you provide to the extent required to complete payments via the Service. Where you use Style Your Day Payments via Stripe and have given us and Stripe permission to do so, you may authorise and request Stripe to debit your bank account by using the Bankers’ Automated Clearing Services (Bacs) if for example the net activity in your account on a day is negative or we need you to fund your account for any other reason relating to the Stripe Connected Account Agreement.
2 .3. To safeguard the interests of our users, you are not permitted to sell or purchase a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than the payment methods offered via the Service. Please note that selling or purchasing a Sale Item in any other way is a breach of our Rules of Acceptable Use and can result in, among other things, suspension or termination of your access to the Service.
2.4. We want our Service to be a positive experience for our users and we ask that you honour the commitments you make to another user in respect of the sale or purchase of a Sale Item.
2.5. Any agreement for and/or purchase of a Sale Item is made solely between you and the seller. The application may include functionality for suggesting more effective selling, such as discounting Sale Items, but Sellers have, at all times, total discretion to set prices. Complaints, questions and claims related to a Sale Item should be directed to the seller. Where users cannot resolve issues relating to a Sale Transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process.
2.6. As we are not the seller of any Sale Items, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Sale Items, the truth or accuracy of any picture or description of the Sale Items or any other content made available by users, the ability of sellers to sell Sale Items, the ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the Sale Item, and we have no liability in this respect. Sellers are responsible for ensuring that any age-restricted Sale Items are marked clearly with the applicable age restriction (as required by law) and Buyers agree that they shall not attempt to purchase Sale Items if they are younger than the advertised and legal age restriction.
- Rules of Acceptable Use
3.1. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).
3.2. You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
3.3. Except as otherwise required by law, you are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through our Service. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this section.
3.4. When using the Service you must not:
(a). Create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise.
(b). Give any false or misleading information in your Account details.
(c). Permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you.
(d). Use the Service if we have suspended or banned you from using it.
(e). Send junk, spam or repetitive messages.
(f). Engage in any illegal or unlawful conduct including selling or intentionally purchasing any fake or counterfeit items or any item that otherwise breaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of Sale Items (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a Sale Item where the seller is a business).
(g). Modify, interfere, intercept, disrupt or hack the Service.
(h). Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
(i). Submit or contribute any User Content (including comments and descriptions relating to Sale Items) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language.
(j). Purchase or sell a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than Stripe available through the Service.
h). Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us
(i). Adapt, copy, vary, edit, distribute or commercialise any content in the Service without the prior written consent of Style Your Day
3.5. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):
(a). immediate, temporary or permanent withdrawal of your right to use our Service;
(b). immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed on the Service);
(c). issuing of a warning to you;
(d). legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e). disclosure of such information to law enforcement authorities as we reasonably feel is necessary.(f). We may investigate any suspected breach of the Rules of Acceptable Use.
During such investigation we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Sale Items listed on the Service) without notice to you.
- Advertisements on the Service
4.1. We and our selected business partners may provide advertising to you through the Service or by other methods such as email. This advertising may be based on your User Content or other information available through the Service. When delivering advertising we will only use information that identifies you as set out in our Privacy Policy. We may use advertising cookies to provide such advertising and you can read our Cookie Policy here.
- Seller commission
5.1. The seller of any Sale Item will pay us a commission on the total transaction amount received by the seller (including VAT and any other applicable taxes, if any) in respect of any Sale Transaction (the “Commission”).
- Ending our relationship
6.1. If at any time you decide you can no longer agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
6.2. We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Service.
6.3. We may also withdraw the Service for any reason, without notice, at any time and without any liability to you.
- Our liability/responsibility to you
7.1. You alone decide whether to proceed with a sale or purchase of a Sale Item. As such, we make no commitments regarding the Sale Items including the quality or delivery of the Sale Items, or for honouring (or causing any seller to honour) any erroneous information regarding the price, description and availability of, or any information relating to any Sale Items promoted or available through our Service, or the ability of the buyer to complete any purchase of the Sale Items.
7.2. Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
7.3. Style Your Day is not responsible or liable for any loss or harm caused by viruses, bugs or other programmes designed to impair the Service.
7.4. For any other claims arising out of the provision of the Service (including without limitation any dispute between users where this does not fall within paragraph 5 above, in relation to any content you access via the Service, or any other user you interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise), except where we cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by our negligence).
7.5. We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.
- Your responsibility to us
8.1. If Style Your Day is sued due to an action or inaction by you (including a breach of these Terms of Service) then we have the right, at our discretion, to request that you indemnify us (i.e. cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. Where we decide to conduct the defence of such claim, you agree to assist us as reasonably requested.