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Terms & Conditions

PIGEE BUYER TERMS OF SERVICE

Last updated February 2022

Pigee’s Terms of Service are currently only available in English and are applicable to a buyer of goods using Pigee Inc. 's Marketplace (“Pigee”).

 

Welcome to Pigee! Pigee Inc. and its affiliates (“Pigee”, “we”, “us”, or “our”) offer a mobile app-based e-commerce marketplace known as Pigee (the “App”) that allows tourists to shop, sell, reorder and resell goods.  Tourists, with the use of Pigee, can send purchases home from anywhere in the world, allowing those in emerging economies to join the global e-commerce market. We allow any individual or entity who purchases an item or service through our website or our App, (“Buyers”) to browse and purchase goods offered for sale by sellers, save and manage payment information for a swift shopping experience, and to arrange deliveries with one of our partners who enables, and is responsible for, the logistics of shipping, delivery, and tracking (“Logistics Partners”). 

 

Pigee is a trade name of Pigee Inc., a company registered in Delaware, in the United States of America (“USA”), under company number 486665234, whose registered office is at 8 The Green, Ste A, Dover, DE 19901, USA.

 

These Terms of Service (the “Terms”) are the agreement (“Agreement”) between you and Pigee. By visiting or using www.pigeepost.com (the “Website”) or the App, or any other services available to you through our Website or App, whether free or paid-for (the “Services”), you agree to be bound by them. Any new Pigee features will also fall under these Terms. We may update these Terms from time to time, so please visit this page for any changes that may impact you.  If you do not accept any such updates or changes, you must stop using the App, the Website, or any other Pigee services.   

 

If you are an individual or entity who offers items for sale on our App or our Website (a “Seller”), whether physical goods or downloads (a “Product”), these Terms of Service do not apply, and instead the Seller’s Terms of Service will apply to you.

 

 

  1. Our Contract

 

  • Pigee is a marketplace that connects you with Sellers and Logistics Partners.

 

  • Any contract of sale is directly between the Buyer and the Seller, and Pigee is not a party to the transaction. We solely act as the Seller’s agent in offering their goods for sale, and facilitating the transfer of payment via third-party payment platforms.

 

  • Pigee is not a Buyer nor a Seller of Products offered for sale on the App or Website, and is not responsible for the transaction, other than to connect the parties to the sale. You acknowledge:

 

  • The Seller is solely responsible for the Products you purchase, including but not limited to complaints about the Product, refunds, fraud, advertising, liability relating to the Products, or non-compliance with applicable law;
  • We do not hold possession of the Product at any time, and are not in any way responsible for risk of loss at any point in your transaction or during the transit of the Product; and

 

  • Any and all information on Our Website and/or App is reliant on the provision of accurate information from the Seller and Logistics Partners, and we are not in any way liable for any errors or omissions arising from the reliance on that information.

 

  • Notwithstanding any suggestions or tools that we may make available within Pigee, and unless expressly stated otherwise, we do not endorse and are not affiliated with the Sellers or their Products, or our Logistics Partners.

 

  • These Terms regulate the business relationship between you and us. By using our Services, you agree to be bound by the Terms.

 

  • We may change these Terms in any way at any time. The version applicable to your contract is the version that was posted on our App and Website at the time that the contract was made.

 

 

  1. Your Account and Personal Information

 

  • To use Pigee, you represent and warrant that:

 

  • you are at least 18 years of age;

 

  • the information you provide is true, accurate, up-to-date and complete, and will not violate any applicable laws, regulations or rights of third parties. We are not responsible for any error made as a result of such information being inaccurate;

 

  • you will not use Pigee for any fraudulent, unlawful or abusive purpose; and

 

  • your use of Pigee is not in violation of any obligation imposed on you.

 

  • When you visit our App or Website, you accept responsibility for any action taken by any person in your name, or under your account or password. You should take all necessary steps to ensure that your account password is kept confidential and secure. You must inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

 

  • You agree to immediately notify us of any relevant changes to your information. Should you fail to update information relevant to your use of our Services, you may be subject to termination of your account.

 

  • Pigee allows you to store certain information on our App or Website to enable an easy and expedient checkout process on Pigee. You may also be able to browse Products, track your purchases, and communicate with Sellers. For information on the handling of your personal information, see our Privacy Notice.

 

  • Pigee does not handle your financial information, and will not directly retain information relating to your payment or credit card. This information is handled by one or more online payment service providers who will encrypt your card or bank account details in a secure environment. For links to applicable privacy policies of the intermediaries handling your personal information, see our Privacy Notice.

 

 

  1. Making Purchases

 

  • Every sale will be subject to the laws applicable, but there shall not be implied any right which is neither a legal right nor set down in these Terms or the incorporated policies or documents.

 

  • Unless expressly indicated otherwise, you may assume that every sale is made by the Seller in the course of their business.

 

  • Products may be offered for sale subject to any discount or promotion arranged between Pigee and the Seller. Subject to discounts and promotions, Products are offered for sale at a fixed price. Sales tax may be due and will be either included in the price or shown separately. If not shown, it will not be charged.

 

  • Neither we nor the Seller can be responsible for action by any governmental authority. It is not our responsibility to determine the amount or payment of duties or taxes, or any possible delays and/or impounding of any item by governmental authorities.

 

  • For security purposes (yours and ours), we will not permit more than a maximum number of transactions with you in a given period of time.

 

  1. Product Defects

 

  • Pigee is not responsible for the fulfillment of your Purchase. We make no warranties with respect to the Products posted by Sellers on our App or Website, and no warranties in relation to the information provided by Sellers through Pigee.

 

  • We are not responsible for the delivery of any Product you order, or for the returns and repayment procedure should you decide to return a Product for any reason.

 

  • The following rules apply to any attempts to return a Product you claim to be faulty or defective in any way:

 

  • the Product must be returned to the Seller as soon as any defect is discovered, but not later than six months from receipt by you;

 

  • the Seller does not have to accept returns unless there was a defect in the Product at the time of purchase, or the Seller has agreed in correspondence that you may return it; and

 

  • before you return the Product to the Seller, please carefully re-read the instructions and check that you have assembled it correctly / complied with any provisions relating to the power supply, plugs and sockets / other.

 

  • If the Seller agrees that the Product is faulty, the Seller will: repair or replace the Product, or refund the full cost you have paid including the cost of returning the Product.

 

  1. Content on Pigee

 

  • We take your privacy seriously, and comply with the applicable laws and regulations. Our privacy notice can be found at https://pigeepost.com/privacy-policy/

 

  • All content on our App or Website (such as page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software), may be the property of either us or our Sellers, affiliates, or Logistics Partners. It is all protected by international copyright laws. You may not copy, or in any way exploit any of the content, except as is expressly permitted in these Terms, or with our written consent.

 

  • If you post content to any public area of our App or our Website, it becomes available in the public domain. We have no control over who sees it or what anyone does with it. Even if access to your text is behind a user registration it remains effectively in the public domain. You should therefore avoid posting unnecessary confidential information. Pigee does not protect your intellectual property rights for you.

 

  • You now irrevocably authorize us to publish feedback, comments and ratings about your activity through our App or Website, even though it may be defamatory or critical.

 

  • You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any content having been posted by you. You accept all risk and responsibility for determining whether any content is in the public domain and not confidential.

 

  • You agree to notify us of any security breach or unauthorized use of your account at your earliest convenience.

 

 

  1. Prohibited Uses

 

  • We invite you to post content to our App and Website in several ways and for different purposes. We do not undertake to moderate or check every item posted, but we do protect our business vigorously. If we believe content posted breaches the law, we will co-operate fully with the law enforcement authorities.

 

  • You agree that you will not use or allow anyone else to use our Services to post content or undertake any activity which is or may:

 

  • be unlawful, or tend to incite another to commit a crime;

 

  • violate any international, federal, or local laws, regulations, rules, or ordinances;

 

  • upload or transmit viruses or any other type of malicious or destructive code;

 

  • use any robot, spider, automatic device or process, or other automated or manual means to access Pigee for any purpose. We reserve the right to terminate your use of Pigee or any related website or application for violating any of the prohibited uses;

 

  • to interfere with or circumvent the security features of the service or any related website or application, other website or application, or the internet;

 

  • use Pigee in such a way that could overburden, attack, damage, or otherwise negatively impact the performance of Pigee, or any other user’s use of Pigee;

 

  • to modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of Pigee, Seller’s data, or any aspect or portion thereof;

 

  • in any way, infringe upon or violate our intellectual property rights or the intellectual property rights of others;

 

  • harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

 

  • consist in commercial audio, video or music files;

 

  • be obscene, immoral, offensive, threatening, violent, malicious, defamatory, sexually explicit or pornographic;

 

  • be false, or in any way likely to mislead, deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

 

  • use a posting to solicit responses unconnected with the purpose of our App or Website, or these Terms;

 

  • to collect or track the personal information of others, or post any unnecessary personal information about yourself;

 

  • to spam, phish, pharm, pretext, spider, crawl, scrape or other similar activities;

 

  • be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person (for example, sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;)

 

  • include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

 

  • link to any of the material specified in this paragraph;

 

  • use distribution lists that include people who have not given specific permission to be included in such distribution process; or

 

  • send age-inappropriate communications or content to anyone under the age of 18.

 

  1. Limitation of Liability and Disclaimer of Warranties

 

  • YOUR USE OF OUR APP, WEBSITE, AND SERVICES AT YOUR OWN RISK. THEY ARE PROVIDED ON AN "AS IS" BASIS, AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, STATUTORY WARRANTIES, WARRANTIES AS TO THE FITNESS OF PIGEE SERVICES FOR A PARTICULAR PURPOSE, WARRANTIES AS TO AVAILABILITY AND ACCESSIBILITY, WITHOUT INTERRUPTION, OR WITHOUT ERROR; OR ANY OBLIGATION, LIABILITY, OR REMEDY IN TORT WHETHER OR NOT ARISING FROM OUR NEGLIGENCE.

 

  • FOR FURTHER CLARITY, PIGEE MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCTS POSTED BY SELLERS ON OUR APP OR WEBSITE, AND NO WARRANTIES IN RELATION TO THE INFORMATION PROVIDED BY SELLERS OR LOGISTICS PARTNERS THROUGH PIGEE. PIGEE MAKES NO REPRESENTATION AS TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH PIGEE.

 

  • OCCASIONALLY THERE MAY BE INFORMATION POSTED ON PIGEE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS RELATING TO, FOR EXAMPLE, PRODUCT DESCRIPTIONS, PRICING, OFFERS OR AVAILABILITY. WE HAVE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION POSTED IN PIGEE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW OR A SELLER. NO SPECIFIED UPDATE OR REFRESH DATE SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION ON OUR APP OR WEBSITE HAS BEEN MODIFIED OR UPDATED.

 

  • WE ARE NOT RESPONSIBLE FOR ANY BUSINESS LOSS (INCLUDING LOSS OF PROFITS, REVENUE, CONTRACTS, ANTICIPATED SAVINGS, DATA, GOODWILL OR WASTED EXPENDITURE) OR ANY INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER.

 

  • TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PIGEE, AND PIGEE’S EMPLOYEES, AGENTS, SUPPLIERS, OR INDEPENDENT CONTRACTORS (COLLECTIVELY, “DISCLAIMING ENTITIES”), WILL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY, OR ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR THROUGH PIGEE,  REGARDLESS OF THE TYPE OR CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

 

  1. Indemnity

 

  • YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD PIGEE HARMLESS, FOR ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS, INCLUDING LEGAL FEES, OF ANY KIND OR NATURE ARISING OUT OR RELATED TO A CLAIM:

 

  • ALLEGING THAT YOUR USE OF PIGEE INFRINGES OR VIOLATES THE RIGHTS OF A SELLER OR THIRD PARTY, OR VIOLATES APPLICABLE LAW; OR

 

  • ARISING OUT OF YOUR BREACH OF THESE TERMS, OR THE POLICIES OR AGREEMENTS THEY INCORPORATE BY REFERENCE.

 

  1. Governing Law, Jurisdiction and Venue

 

  • This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware notwithstanding conflict of laws principles. Each Party agrees that in the event that any suit or proceeding is brought in connection with this Agreement, such claim shall be brought in the state or federal courts located in New Castle County, Delaware, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue, and inconvenient forum objections to such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.
  1. Assignment

 

  • You may not assign these Terms, or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval from Pigee. We reserve the right to freely assign these Terms, and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

 

  1. Modifications

 

  • We reserve the right, in our sole and absolute discretion, to update or change any portion of these Terms at any time. We will endeavor to provide you with reasonable advanced notice of changes to these Terms if they materially adversely affect your use of our App or Website, by sending an email, providing notice through our App or Website, or by similar means. Notwithstanding the foregoing, we may make changes to the Terms at any time and with immediate effect:

 

  • for legal, regulatory, fraud and abuse prevention, or security reasons; or

 

  • to restrict products or activities that we deem unsafe, inappropriate, or offensive.

 

  • Unless we expressly indicate otherwise, any changes to these Terms will be effective immediately. Your continued access to or use of the App and/or Website after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms as amended. In the event you do not agree with any such updates, your sole and exclusive remedy is to terminate your use of Pigee.

 

  1. Interruption of Services

 

  • We will do all we can to maintain access to the App, Website, and other Pigee Services, but it may be necessary for us to suspend all or part of our Services for repairs, maintenance or other good reasons. We may do so without telling you first.

 

  • You acknowledge that our Services may also be interrupted for reasons beyond our control.

 

  • You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Services.

 

  1. Disputes

 

  • Pigee cannot intervene in any dispute between you and a Seller for any transactions through Pigee’s App or Website, and has no obligation to resolve any such dispute.

 

  • In the event of a dispute with a Seller and/or Logistics Partner, you should deal directly with the Seller and/or Logistics Partner. We are not legally responsible for the transaction, and do not have detailed information to resolve such disputes. You release Pigee from any claims, demands, and damages arising out of disputes relating to your use of Pigee, including those with other users or parties.

 

  • In the event of a dispute between us, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

 

  • We welcome any comment or complaint about a Seller, which you make through Our Website or App. We may act upon a complaint in our discretion, for the benefit of the body of Pigee members.

 

  1. Waiver, Severability, and Complete Agreement

 

  • The failure of Pigee to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms shall remain in full force and effect.

 

  • These Terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and Pigee. No other person(s) will have the ability to assert any rights as a third-party beneficiary under these Terms.

 

  • These Terms, Pigee's Privacy Notice, and any other policies or operating rules incorporated into these Terms or posted by us in respect to the App or the Website, constitute the entire agreement between you and Pigee and govern your use of the App and the Website. In the event of any conflict or inconsistency between these Terms and any other Pigee agreements with you, these Terms will govern your use of the App and the Website to the extent necessary to resolve the conflict or inconsistency.

 

  • In the event that a court of competent jurisdiction determines any provision of these Terms to be unlawful, void or unenforceable, such provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion deemed to be severed from these Terms, and such determination will not affect the validity and enforceability of any other remaining provisions.

 

  1. Survival

 

  • Upon termination of your use of the App or Website or other Pigee Services, of termination of these Terms for any reason, the following sections shall survive termination: Sections 1 (Our Contract), 4 (Product Defects) 5 (Content) 6 (Prohibited Uses) 7 (Liability and Disclaimers), 8 (Indemnification), 9 (Governing Law), 10 (Assignment), 14 (Modifications), 14 (Severability and Waivers).

 

 

                                                                                        

PIGEE SELLER TERMS OF SERVICE

Last updated February 2022.

Pigee's Terms of Service are currently only available in English and apply to a seller of goods using Pigee Inc.'s Marketplace ("Pigee")

Welcome to Pigee! Pigee Inc. ("Pigee", "us", "we", or "our") offers a mobile app-based e-commerce marketplace known as Pigee (the "App") that allows tourists to shop, sell, reorder and resell goods ("the Services").  Tourists, with the use of Pigee, can send shopping home from anywhere in the world, connecting those in emerging economies to join the global e-commerce market. We allow anyone who purchases an item through the App or the Website ("Buyers"), to browse and purchase goods merchants offer for sale ("Sellers"). Buyers can also save and manage payment information for a swift shopping experience, arrange deliveries with one of our partners who enables, and is responsible for the logistics of shipping, delivery, and tracking ("Logistics Partners"). 

 

Pigee is a trade name of Pigee Inc., a company registered in Delaware, in the United States of America ("USA"), under company number 486665234, whose registered office is at 8 The Green, Ste A, Dover, DE 19901, USA.

 

These terms of service (the "Terms") are the agreement ("Agreement") between you and Pigee. By visiting or using www.pigeepost.com (the "Website") or the Pigee App ("App"), you agree to be bound by them. Any new Pigee features will also fall under these Terms. We may update these Terms from time to time, so please visit this page for any changes that may impact you.  If you do not accept any such updates or changes, you must stop using the App, the Website, or other Pigee services.   

1.                   Seller Obligations and Pigee

  • The relationship between us is solely that:
    • in consideration of a fee charged by us, by way of commission, we provide for you an internet marketplace as an arm's length contractor;
    • we act as your agent in offering your goods for sale and facilitating the collection of your payments via our third-party payment platforms;
    • we are not partners or joint venturers.
  • We are not responsible for the acts of Buyers using the App or the Website. You are solely responsible for investigating and resolving disputes between you and Buyers.
  • If you place any item you offer for sale ("Product") on the App or the Website, you do so subject to these Terms.
  • All Products for sale must be of merchantable quality and must not require, for its setup or use, a level of technical expertise which is not fully explained to a Buyer before purchase.
  • You must immediately remove from sale on the App or the Website any Product which for any reason, you are unable to supply.
  • You will not re-place any Product we remove from offer for sale.
  • You are solely responsible for any taxes, duties, or other fees associated with your Product.
  • We may demand additional information about your business to manage our responsibility for sales tax and other taxes.
  • You shall comply with all applicable laws related to any Products you place for sale and the goods you offer. This includes any requirements to provide Buyers with information when you place a Product on the App and the Website. 
  • Although we are not a party to your contract with a Buyer introduced to you via the App or the Website, we shall remove your Products from offer if a Buyer or other visitor has a valid complaint against you.
  • The App and/or Website may not be available in all languages or in all countries, and we make no representation that the App or Website, or any other Pigee services, would be appropriate, accurate, or available for use in any particular location or for any particular item or service.
  • We may change this Agreement in any way at any time. The version applicable to your contract is the version that was posted on the App or the Website at the time of sign-up.

Seller Obligations and Buyers

You agree that you will at all times:

  • reply promptly and, in any event, within 72 hours to any Buyer complaint;
  • comply with the law relating to all aspects of the contract between you and the Buyer, relating in particular to your obligations to provide full information and accept cancellation and returns. However, you may also offer more favorable terms to your customers as per your own returns and refunds policy set out on the Website or otherwise in your terms and conditions;
  • when you have an obligation to return money to a Buyer for any reason, you will do so immediately, as provided by the returns & refunds policy;
  • in the event that a Product ordered is not available, you will immediately tell your Buyer and refund any money paid;
  • comply with the Pigee procedures relating to the satisfaction of an order, Products returned and payment, as set out on The App or The Website from time to time; and
  • provide information to us in respect of any claim for non-delivery and any dispute as to payment so as to enable us to identify the possibility of fraud.
  • In respect of any deliveries of products to Buyers:
    • Deliveries of Products will be made from your premises by a Logistics Partner.
    • If at any time, any Buyer notifies you of non-delivery within the time scale offered by you on the Website or App, you will investigate immediately and keep the Buyer informed of the progress of your investigation.

Your Product warranties

  • You warrant that any Product you place on The App or Website for sale:
    • is not: illegal, obscene, abusive, threatening, defamatory, privacy-intrusive, infringement of intellectual property rights, or otherwise injurious to any third party;
    • does not offend against the law of any country whose citizens might purchase it; and
    • is not intended primarily to advertise any business, except your business.
  • You warrant that you own the copyright and other intellectual property rights of any Content you place for sale on the App, or that you have the due permission of the copyright or other intellectual property right owner.

Your Content

  • You now irrevocably authorize us to publish feedback, comments and ratings about your Products on the App or the Website, even though it may be defamatory or critical.
  • We will use that license only for our commercial purposes.

Data Protection and Security Obligations

  • You are solely responsible for ensuring that your use of any personally identifiable information or any personal financial information relating to a Buyer, end-user or other personal data, including any Saved Information (collectively, "Personal Information") complies with applicable law, and any other applicable rules. You will only use the Personal Information to process a current transaction or maintain solicited communication with the Buyer.

Confidential Information

  • "Confidential Information" shall include, but shall not be limited to, any and all information associated with You and us ("Each Party") and our businesses and not publicly known, including specific business information, technical processes, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Pigee's Confidential Information includes all information that you receive relating to us, or to any of our services or products, that is not known to the general public including technical information related to the development and management of the App or Website, and our security program and practices.
  • You and we agree to use the other party's Confidential Information solely as necessary for performing our obligations under these Terms and in accordance with any other obligations in these Terms including this Clause 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform our respective obligations under these Terms or other legal obligation. Confidential Information shall not include any information that the receiving party can prove:
    • was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information;
    • is independently developed by the receiving party without use of or reference to the other party's Confidential Information, and without breaching any provisions of these Terms; or
    • is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms.

Pigee Trademarks

  • Pigee grants to you, during the Duration, a personal, non-exclusive, non-sublicensable, non-transferable, worldwide, royalty free, license to use the Pigee and Pigee trademarks, logos, service marks and trade names, whether registered or unregistered, including but not limited to the word mark Pigee (the "Pigee Marks"), solely for the purpose of communicating and transacting with Buyers on the Website, App or other Pigee services. All other rights in and regarding the Pigee Marks, whether express or implied, are expressly reserved to Pigee.

Term and Termination

  • These Terms are effective upon the date of acceptance and shall continue as long as you use the App or the Website (the "Duration") or until terminated in accordance with this Clause 8.
  • 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 may terminate these Terms at any time without notice to you and accordingly we may terminate your access to the App or Website, or any part thereof.
  • We reserve the right to modify or terminate the App and/or Website for any reason, without notice at any time.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • Except as expressly permitted by Pigee, upon termination or expiration of these Terms, you will immediately: (a) cease all use of the App and Website; and (b) cease all use of the Pigee Marks.

Representations and Warranties

  • By using the App, Website, or any Pigee services, you represent and warrant that:
    • you are at least 18 years of age;
    • the information you provide to us is true and correct;
    • you will not use the App, Website or any Pigee service for any fraudulent, unlawful, or abusive purpose;
    • your use of the App or Pigee services is not in violation of any obligation imposed on you; and
    • you will comply with any Third-Party Terms.

Prohibited Uses

In addition to the other prohibitions set forth in these Terms, you are prohibited from using the Website, App or any other Pigee services to engage in any activity which is or may:

  • be unlawful, or tend to incite another person to commit a crime;
  • be obscene, offensive, threatening, violent, malicious or defamatory;
  • harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • spam, phish, pharm, pretext, spider, crawl, or scrape;
  • interfere with or circumvent the security features of the Website, App or any Pigee services;
  • be sexually explicit or pornographic;
  • be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
  • use a posting to solicit responses unconnected with the purpose of the App or the terms proposed by this Agreement;
  • solicit others to perform or participate in unlawful acts;
  • violate any international, federal, provincial, state, or local laws, regulations, rules, or ordinances;
  • be inaccurate, false, or misleading information.

Interruption to the Service

  • We give no warranty that the Services available to you through the Website or App, whether free or paid-for, will be satisfactory to you.
  • We will do all we can to maintain access to the App, Website, and other Pigee Services, but it may be necessary for us to suspend all or part of our service for repairs, maintenance, or other good reasons. We may do so without telling you first.
  • You acknowledge that the Services may also be interrupted for reasons beyond our control.
  • You agree that we are not liable to you for any loss, whether foreseeable or not, arising as a result of interruption to the Services.

Beta Services

  • From time to time, we may, at our sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all sellers ("Beta Services"). Beta Services may be subject to additional terms and conditions, which we will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Pigee Confidential Information and subject to the Confidential Information terms in this Agreement.
  • We make no representations or warranties that the Beta Services will function. We may discontinue the Beta Services at any time at our sole discretion. We will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. We may change or not release a final or commercial version of a Beta Service at our sole discretion.

Third-Party Services

  • The App will connect you with or enable third-party software applications ("Apps") via Application Programming Interfaces ("APIs") collectively, ("Third Party Services") for your consideration or use. The agreement for the use of such Third-Party Services is solely between you and the applicable Third-Party Services provider ("Third Party Provider"). In addition to these Terms, you also agree to be bound by the additional service-specific terms applicable to services provided by Third-Party Providers.
  • Any use by you of Third-Party Services offered through us is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third-Party Services before using them. In some instances, we may receive a revenue share from Third Party Providers that we recommend to you or that you otherwise engage through your use of the App, the Website, or other Pigee services.

Our disclaimers

  • WE ARE NOT RESPONSIBLE FOR ANY BUSINESS LOSS (INCLUDING LOSS OF PROFITS, REVENUE, CONTRACTS, ANTICIPATED SAVINGS, DATA, GOODWILL OR WASTED EXPENDITURE) OR ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER.
  • WE ARE NOT LIABLE IN ANY CIRCUMSTANCES FOR DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF REVENUES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.
  • THE APP, WEBSITE, AND SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONS, WARRANTIES:
    • AS TO THE FITNESS OF THE APP, THE WEBSITE, AND PIGEE SERVICES FOR A PARTICULAR PURPOSE;
    • AS TO AVAILABILITY AND ACCESSIBILITY, WITHOUT INTERRUPTION, OR WITHOUT ERROR;
    • ANY OBLIGATION, LIABILITY, OR REMEDY IN TORT WHETHER OR NOT ARISING FROM OUR NEGLIGENCE.
  • YOU NOW EXPRESSLY RELEASE US FROM ANY AND ALL CLAIMS AND LIABILITY KNOWN AND UNKNOWN, ARISING IN ANY WAY FROM A DISPUTE BETWEEN YOU AND A BUYER.

Your indemnity to us

YOU AGREE TO INDEMNIFY US AGAINST ALL LOSS AND EXPENSE, INCLUDING LEGAL FEES AND MANAGEMENT TIME-RELATED IN ANY WAY TO:

  • A CLAIM BY ANY PERSON IN RESPECT OF ANY PRODUCT;
  • PROTECTING THE REPUTATION OF OUR BUSINESS BY OUR MAKING A PAYMENT TO A BUYER OF YOURS IN CIRCUMSTANCES WHERE YOU HAVE FAILED TO MAKE THAT REPAYMENT OR OTHERWISE COMPLY WITH YOUR CONTRACT WITH THAT BUYER;
  • ANY COST TO US ARISING FROM A DECISION BY US TO COMPLY AS YOUR AGENT, WITH ANY OBLIGATION OF YOURS, WHETHER OR NOT WE HAVE YOUR PERMISSION, ARISING OUT OF ANY REGULATION OR LAW, INCLUDING:
    • THE DELETION OR AMENDMENT OF ANY TEXT OR OTHER CONTENT YOU HAVE PLACED ON THE APP OR THE WEBSITE;
    • ANY PAYMENT WE MAKE ON AN EX-GRATIA BASIS, ARISING FROM A CONTRACT BETWEEN YOU AND A BUYER;
  • A CLAIM OR ASSESSMENT OR ORDER TO PAY TAX BASED ON ANY SUM PAID BY US;
  • LEGAL OR OTHER FEES WE INCUR IN DEFENDING A CLAIM OR THE IMPOSITION OF A FINE OR PENALTY; AND
  • OUR MANAGEMENT TIME IN DEALING WITH ANY FAILURE OR ALLEGED FAILURE BY YOU TO COMPLY WITH ANY RELEVANT REGULATION OR LAW.

Governing Law; Jurisdiction and Venue

  • This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware notwithstanding conflict of laws principles. Each Party agrees that in the event that any suit or proceeding is brought in connection with this Agreement, such claim or proceeding shall be brought in the state or federal courts located in New Castle Country, Delaware, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue, and inconvenient forum objections to such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.

Assignment

  • You may not assign these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval, and any such attempted assignment shall be void. We reserve the right to freely assign these Terms and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties hereto, their successors, and permitted assigns.

Waiver, Severability, and Complete Agreement

  • The failure of Pigee to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms shall remain in full force and effect.
  • These Terms, Pigee's Privacy Policy, and any other policies or operating rules incorporated into these Terms or posted by us in respect to the App or the Website, constitute the entire agreement between you and Pigee and govern your use of the App and the Website. In the event of any conflict or inconsistency between these Terms and any other Pigee agreements with you, these Terms will govern your use of the App and the Website to the extent necessary to resolve the conflict or inconsistency.
  • These Terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and Pigee. No other person(s) will have the ability to assert any rights as a third-party beneficiary under these Terms.

Survival

  • Upon termination of your use of the App or Pigee services, or termination of these Terms for any reason, the following sections shall survive termination: Sections 1 (Obligations), 5 (Data Protection and Security), 6 (Confidentiality), 7 (Intellectual Property), 8 (Termination), and 13 (Third Parties), 14 (Liability), 15 (Indemnification), 16 (Governing Law), 17 (Assignment), 18 (Severability).

 

 

 

         

Pigee Acceptable Use Policy

 

Welcome to the Pigee Community. Pigee Inc. offers a mobile app-based e-commerce marketplace known as Pigee (the “App”) that allows tourists to shop, sell, reorder and resell goods.  We connect buyers and sellers, allowing people in emerging economies to join the global e-commerce market. 

 

At Pigee it is important to us that all Pigee users and members of our community have a positive experience. This is why we have developed this Acceptable Use Policy (“AUP”) to define what we consider acceptable use of our services. This AUP should be read together with the applicable Buyer or Seller Terms of Service. You agree to meet the following standards by continuing to use our platform. 

 

Content Standards

When interacting with members of our community, on our marketplace or messaging platform, or otherwise interacting with our app or website, you must not submit, communicate, or otherwise do anything that:

  • is sexually explicit;
  • in any way sexualizes minors (including, but not limited to, child sexual abuse material);
  • is obscene, deliberately offensive, hateful, or otherwise inflammatory;
  • promotes violence;
  • promotes, encourages, incites, or supports acts of terrorism;
  • promotes or assists in any form of unlawful activity;
  • is defamatory of another person;
  • bullies, insults, intimidates, or humiliates another person;
  • discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
  • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  • is calculated or otherwise likely to deceive;
  • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
  • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
  • implies any form of affiliation with Pigee or any other party where there is none;
  • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trademarks, and database rights) belonging to Pigee or any other party;
  • is in breach of any legal duty owed to another party, including, but not limited to, contractual duties and duties of .

When interacting with members of our community, on our marketplace or messaging platform, or otherwise interacting with our app or website, you must ensure that your interaction:

  • is truthful and accurate (where you are stating facts);
  • states only genuinely held opinions; and
  • complies fully with any and all local, national, or international laws and regulations that apply.

 

Breaches of this Policy

If you fail to comply with the provisions of this Policy, we may take one or more of the      actions in response to your breach:

  • Suspend or terminate your right to use our app or website;
  • Remove, either temporarily or permanently, your communication or content or other submission from app or website;
  • Issue you with a written warning;
  • Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  • Take further legal action against you, as appropriate;
  • Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
  • Any other actions which we deem reasonably appropriate and lawful.

 

Modifications of this Policy

 

We reserve the right to update this AUP from time to time. We expect to visit our website from time to time to take notice of any changes we make. Some of the provisions of this AUP may also be superseded by our Terms of Service. If any inconsistency or conflict between this AUP and the applicable Terms of Service arises, the terms, provisions, and conditions contained in the applicable Terms of Service shall apply.

 

Is it worth adding a statement about misrepresenting the products placed on the app by sellers?

Pigee Sellers’ Return and Refund Policy

Thank you for being part of our Pigee community. This Return and Refund Policy applies to all Sellers on the Pigee marketplace. This policy forms the minimum level of consumer rights we expect from all Sellers on our marketplace. Where local law requires a higher standard of consumer protection, you should follow the rules in your country. 

 

Return and Refund Time Limits

  • Provide refunds or exchanges within 30 days of purchase.

 

Eligibility for Refunds and Exchanges

  • Unused items received in the same condition it was sent to the Buyer.
  • Used items that are faulty or do not match their description for up to 6 months after purchase.
  • Item in the original packaging.
  • Proof of purchase from the Pigee Seller.
  • Seller may offer refunds or exchanges on items purchased at full price only.

 

Exempt Goods

The following are exempt from refunds unless faulty or not fit for purpose:

  • Gift cards
  • Bespoke personal items
  • Personal care items

 

 

Partial refunds are granted 

  • Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
  • Any item that is returned more than 30 days after delivery.

 

Shipping

  • Provide a return address to receive the goods.
  • You may request that the Buyer ships the item at the Buyer’s cost.
  • Shipping costs may be non-refundable,

 

 

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