Overview

This website is owned and operated by Secondful Brands L.L.C. These Secondful Terms of Service (these “Terms of Service”, “Terms”) govern Your use of the website at https://secondful.ae/, any associated web or mobile application,and any features or functionality available through the foregoing (collectively, the “Platform”) and all information, data, reports, and other content (collectively “Content”) available via the Platform and are agreed to between you as an individual or, if you are accessing or using the Platform or Content on behalf of another individual, organization, or entity (“Entity”), that Entity (in either case, “You” or “Your”) and Secondful Brands L.L.C, (“Secondful”, “we” or “us”, the “Company”).  These terms also govern any products you purchase on the Platform (the “Products”). 

Please read these terms of use carefully before accessing or using the Platform. By creating an account, purchasing products, using our “Services” or “Service”, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms, including those additional Terms and policies referenced herein or available by hyperlink and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of the legal age of 18 years to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the Entity that you represent) . If you do not wish to be bound by these Terms of Use, you may not access or use the Services or order or purchase any products. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.

Changes to Terms of Service

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Any new features or tools which are added to the current Platform shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. 

1 – Products or Services

The Products advertised by Secondful on the platform are third-party pre-owned products, including without limitation pre-owned toys, gear, and products for children and babies that we may sell on a consignment basis for third parties.To do this, we consign items from sellers and make them available to buyers. Any user that buys one or more items through the Services is referred to herein as a “buyer”, and any user that, through our Service, lists one or more items for sale on the Platform is referred to herein as a “seller”. A “User” may be both a buyer and/or a seller.

Secondful acts as the intermediary to facilitate the buying and selling of used gear and streamlines the process by providing pickups, deliveries, product listing and payment services. We do not guarantee the items listed on Secondful are free of all defects. The buyer assumes full and exclusive responsibility to verify that the items are in safe working condition.

While we attempt to be as accurate as possible, Secodnful does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. Because products on our website are secondhand, they do not carry with them original warranties or guarantees from the manufacturer. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor’s display of any color or style will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

2 – General Terms which apply to all Users

The Platform is intended for use by individuals 18 years of age and older. By accessing or using the Platform or any Content, you represent and warrant that you are at least 18 years of age. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. We reserve the right to refuse service to anyone for any reason at any time. 

3 – Modifications to the Service and Prices

The purchase of all Product(s) from Secondful shall be made at the price(s) set forth on the Website (the “Price”). Prices for our products and/or services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

4 – Account Creation and Accuracy of Information

Before accessing certain portions of the Platform, You and any person you authorize to access the Platform (“User”) are required to establish an account on the Platform (an “Account”). Approval of any request to establish an Account will be at the sole discretion of Secondful. Only one account per entity or individual is allowed. Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. Each Account is for Your Users’ individual use and each Account ID may be used only by an individual User. You will ensure no User distributes or transfers their Account or Account ID or provides a third party with the right to access their Account or Account ID. You are solely responsible for all use of the Platform through Your Users’ Accounts. You will ensure the security and confidentiality of each Account ID and will notify Secondful immediately if any Account ID is lost, stolen, or otherwise compromised. Any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by You. 

In connection with establishing an Account, You will be asked to submit certain information about Yourself (“Registration Information”). You agree that: (1) all Registration Information You provide will be true and complete; and (2) You will maintain and promptly update Your Registration Information to keep it accurate and current. You may not: (a) select or use an Account ID of another person with the intent to impersonate that person; or (b) use an Account ID that Secondful, in its sole discretion, deems offensive.

Except as expressly provided by this Agreement, You are solely responsible for the nature of all Your Content, including Your Registration Information, Your Account information and any other Account passwords, usernames, or other personal information, that You provide, upload, or transfer to the Platform or generate through Your Account (“Your Content”). You agree that You have all right, title, interest, and consent in Your Content necessary to allow Secondful to use Your Content for the purposes for which You provide Your Content to Secondful.

5 – Purchases and Payment

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same debit or credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

The Product(s) will be delivered within a reasonable time after Secondful’s receipt of full payment for the Product(s). Secondful only ships Products within the United Arab Emirates (“UAE”) as of now, and cannot ship any Products outside the UAE. Secondful shall not be liable for any delays, loss, or damage in transit. Delivery of the Product(s) shall be made to the place You designate in Your order. Secondful reserves the right to alter, modify, or redesign its Product(s) without any obligation to replace previous shipments to You. Risk of loss and title of the Products purchased by You passes to You upon delivery of the items to the carrier.  

We accept Visa, Mastercard issued in the UAE and we accept Debit and Credit cards of all banks issued in the UAE. By providing us with your Credit or Debit card details you authorize us to charge your Credit or Debit Card for the entire amount of your purchases on the Website.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Secondful can complete your transactions and contact you as needed.  You are responsible for the confidentiality of your account login information. You are responsible for the use of your account and login credentials. 

You shall not use the Product(s) for the conduct of, or assistance to the conduct of, activities such as harmful actions against people or unlawful behaviors. You shall comply with all applicable laws, regulations, and ordinances. You shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under these Terms. You must ensure that Product(s) are maintained and operated in accordance with all applicable laws and regulations. 

You may only use the Products for your own use.  You may not resell or redistribute the Products.  Secondful cannot support any orders outside the UAE.  You should only buy from Secondful directly – Secondful is not responsible for any Products purchased from third parties, and Secondful does not warrant that those Products work or are safe to use.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

To the extent you as a buyer effect any transaction on the Services using a debit or credit card, you must have a valid debit or credit card on file, and we will (or a third-party credit card processor may) store your debit or credit card information. We (or such third-party debit or credit card processor) will verify your debit or credit card information (including expiration date and billing address) but will not charge your debit or credit card unless you conduct an activity through the Services that requires your debit or credit card to be charged. By agreeing to pay for a transaction with your debit or credit card, you authorize us to charge your credit card.

6 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

7 – Third-Party Services and Linked Websites

Certain content, products and services available via our Service may include materials from third-parties.

Third-party Services (“TPS”) links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

8 – User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

9 – Privacy & Data Retention

Please review our Privacy Policy, which is incorporated into these Terms of Service and also governs your use of the Services. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Service, the Terms of Service govern. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our Services.

Secondful will retain your information as long as we deem necessary. You may inform us of any changes or requests about your personal data, and in accordance with our obligations under local data protection law, we will use all reasonable means to update or delete your personal data accordingly. However, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Secondful reserves the right at all times to disclose any information as thredUP deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

10 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

11 – Prohibited Uses

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

12 – Disclaimer of Warranties 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “AS IS” and “AS AVAILABLE” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

13 – Limitation of Liability

In no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill or harm to reputation, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

14 – Indemnity & Severability

You agree to indemnify, defend and hold harmless www.secondful.ae, its directors, partners, officers, interns and employees, consultants, agents, contractors and subcontractors, service providers, suppliers, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

15 – Sweepstakes, Promotions and Referral Program

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service are subject to modification or termination at any time. Additional terms and conditions may apply to such Promotions, and some Products may be excluded. Promotions offer no cash value, and are not assignable or transferable.  Secondful is not responsible for any inability to use any discount, code, or offer in connection with a Promotion. Promotions are void where prohibited or restricted by applicable law. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. 

Secondful may from time to time offer rewards to existing users that refer new users to the Services using an invite code provided by us to such existing users or a similar method. We may also make similar rewards available to such new users using an invite code or that we otherwise determine have been referred to the Services by an existing user. The amount and requirements to earn such rewards will be determined, and may change, from time to time in our sole discretion and any such program may be terminated by us at any time, in each case with or without notice to you. We also reserve the right to limit the number and/or amount of rewards that may be earned with respect to any existing user with or without notice to you. To be eligible for a reward (whether granted to an existing user or new user), the new user must be an individual that has never registered for the Service as determined by us in our sole discretion. Any such referral reward cannot be redeemed or withdrawn for cash or traded for cash or any other good or service, except as the Services may otherwise expressly permit. We reserve the right to set expiration dates on rewards and to void any rewards that we believe in our sole discretion are a result of fraud or other misuse of a referral program or the Services. 

16 – Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

17 – Entire Agreement 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and Secondful and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

18 – Governing Law

These Terms shall be governed and construed in accordance with the laws of the United Arab Emirates, without regard to its conflict of law provisions.

19 – Contact Information

Any feedback, comments, requests for technical support, and other communications should be directed to our customer service through yours@secondful.ae