Terms & Conditions

Fashefy Terms of Service

1. Acceptance of Terms

1.1 Agreement: By accessing, browsing, or using the Fashefy website or application ("Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree with these Terms, you must not use the Service.

1.2 Updates to Terms: Fashefy reserves the right to amend these Terms at any time. Any changes will be effective immediately upon posting on the Service. It is your responsibility to review these Terms periodically. Your continued use of the Service following the posting of changes constitutes your acceptance of those changes.

1.3 Electronic Communications: By using the Service, you consent to receiving electronic communications from Fashefy. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

1.4 Binding Agreement: These Terms constitute a binding legal agreement between you and Fashefy. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" and "your" will refer to that entity.

1.5 Capacity to Accept Terms: You affirm that you are either more than 18 years of age or the legal age of majority in your jurisdiction, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

1.6 Third-Party Services: The Service may contain links to third-party websites or services that are not owned or controlled by Fashefy. Fashefy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using the Service, you expressly relieve Fashefy from any and all liability arising from your use of any third-party website or services.

1.7 Acknowledgment: You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Service and the receipt of data, materials, and information available at or through the Service.

2. Description of Service

2.1 Overview: Fashefy is an online marketplace that facilitates the buying and selling of new and used clothing and related goods. The Service is accessible through our website and mobile application, offering a platform where users can create listings, browse items for sale, and conduct transactions.

2.2 User Roles: The Service supports two main types of users: buyers and sellers. Buyers can browse and purchase items listed on the platform. Sellers can list items for sale, manage their listings, and communicate with potential buyers.

2.3 Listings and Search: Sellers can create detailed listings for their items, including descriptions, prices, and photos. Buyers can search and filter these listings based on various criteria such as category, price range, brand, condition, and location.

2.4 Communication Tools: The Service includes messaging tools that allow buyers and sellers to communicate directly. This feature helps in negotiating prices, asking questions about items, and arranging details for the transaction.

2.5 Payment Processing: Transactions on Fashefy are facilitated through integrated third-party payment processors. These processors handle the payment from the buyer and transfer the funds to the seller, ensuring a secure and seamless payment process.

2.6 Shipping and Delivery: Sellers are responsible for shipping the items to the buyers. Fashefy provides tools to calculate shipping costs and print shipping labels, helping sellers fulfill orders efficiently. Buyers can track their orders through the platform.

2.7 Ratings and Reviews: After a transaction is completed, buyers and sellers can rate each other and leave reviews. This system helps build trust and provides feedback to the community about the reliability and quality of other users.

2.8 Customer Support: Fashefy offers customer support to assist users with any issues they may encounter. Support can be reached through various channels including email, live chat, and a help center with FAQs and guides.

2.9 Security and Privacy: Fashefy employs various security measures to protect user data and transactions. These include encryption, secure servers, and compliance with relevant privacy laws. Users are encouraged to review our Privacy Policy for more information.

2.10 Additional Features: Fashefy may offer additional features and services, such as promotional tools for sellers, personalized recommendations for buyers, and integration with social media platforms for sharing listings.

2.11 Limitations and Availability: The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Fashefy is not responsible for any delays, delivery failures, or other damages resulting from such problems. The Service is provided on an "as-is" and "as-available" basis.

2.12 Modifications to Service: Fashefy reserves the right to modify, suspend, or discontinue any part of the Service at any time without prior notice. This includes changes to features, availability, and any other aspect of the Service. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. Eligibility

3.1 Age Requirement: To use the Service, you must be at least 18 years old or the age of majority in your jurisdiction. By using the Service, you represent and warrant that you meet this age requirement. If you are under 18 or the applicable age of majority, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

3.2 Legal Capacity: You must have the legal capacity to enter into a binding contract in your jurisdiction to use the Service. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms.

3.3 Prohibited Users: The Service is not available to any users previously removed or suspended by Fashefy. If we have previously terminated your account, you are not permitted to re-register for a new account or access and use the Service through another user's account.

3.4 Compliance with Laws: By using the Service, you agree to comply with all applicable laws and regulations, including but not limited to intellectual property laws, privacy laws, and any other applicable local, state, national, and international laws and regulations.

3.5 Geographic Restrictions: The Service is available to users in locations where Fashefy operates. You acknowledge that you may not be able to access all or some of the features of the Service outside these jurisdictions. Fashefy reserves the right to restrict, limit, or deny access to the Service in any geographic area at any time.

3.6 Account Registration and Information: To access and use certain features of the Service, you must register for an account. You agree to:

Provide accurate, current, and complete information during the registration process.
Maintain and promptly update your account information to keep it accurate, current, and complete.
Keep your login credentials confidential and secure.
Notify us immediately of any unauthorized use of your account or any other breach of security.

3.7 Single Account Policy: Each user may only register and maintain one account. Multiple accounts for the same individual or entity are prohibited unless expressly authorized by Fashefy.

3.8 Business Use: If you are using the Service on behalf of a business entity, you represent and warrant that you are an authorized representative of the business with the authority to bind the entity to these Terms, and that you agree to these Terms on behalf of the business.

3.9 Verification of Information: Fashefy reserves the right to verify the information you provide during registration and throughout your use of the Service. You authorize Fashefy to conduct any inquiries necessary to verify your identity and compliance with these Terms.

3.10 Right to Deny Access: Fashefy reserves the right, at its sole discretion, to deny access to the Service to anyone, for any reason, and at any time, including but not limited to violation of these Terms.

4. User Accounts

4.1 Account Registration:

Creation: To access certain features of the Service, you must register for an account. During registration, you will be required to provide certain information, including your name, email address, and a password.
Accuracy of Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Fashefy reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

4.2 Account Security:

Confidentiality: You are responsible for maintaining the confidentiality of your account login information, including your username and password.
Responsibility for Activities: You are fully responsible for all activities that occur under your account. You agree to immediately notify Fashefy of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security.
Liability for Unauthorized Use: Fashefy will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4.3 Use of Account:

Personal Use: Your account is for your personal use only. You may not transfer your account to any other person or entity.
Multiple Accounts: You may not create more than one account unless expressly authorized by Fashefy. Multiple accounts for the same individual or entity without permission are prohibited.
Account Sharing: You may not share your account with others. Each account is meant to be used by a single individual or entity.

4.4 Account Verification:

Verification Process: Fashefy may, at its sole discretion, perform background checks or require you to provide additional information or documentation to verify your identity or account information.
Verification Failure: Failure to comply with verification requests may result in the suspension or termination of your account.

4.5 Account Activity:

Prohibited Activities: You agree not to use your account for any illegal or unauthorized purpose. This includes, but is not limited to, the following:

Posting or selling counterfeit, stolen, or illegal items.
Engaging in fraudulent or deceptive activities.
Violating any applicable local, state, national, or international law or regulation.

Content Standards: You are responsible for all content you post or upload to the Service. This includes ensuring that your listings, messages, and reviews are accurate, lawful, and do not violate any third-party rights.

4.6 Account Suspension and Termination:

Right to Suspend or Terminate: Fashefy reserves the right to suspend or terminate your account at any time, for any reason, with or without notice. Reasons for suspension or termination may include, but are not limited to, violation of these Terms, illegal or harmful conduct, or prolonged inactivity.
Effect of Termination: Upon termination of your account, your right to access and use the Service will immediately cease. All data associated with your account may be deleted, and Fashefy will not be liable for any loss of such data.

4.7 Account Reactivation:

Request for Reactivation: If your account has been suspended or terminated, you may contact Fashefy to request reactivation. Reactivation is at the sole discretion of Fashefy and may require you to provide additional information or comply with specific conditions.
Reactivation Process: Fashefy will review reactivation requests and notify you of the outcome. Reactivation is not guaranteed and may be subject to additional terms and conditions.

4.8 Account Closure by User:

Voluntary Closure: You may close your account at any time by following the instructions provided on the Service. Upon closure, all rights granted to you under these Terms will cease.
Post-Closure Obligations: Even after your account is closed, you will remain responsible for fulfilling any outstanding obligations incurred prior to the closure, including payment for any purchases and compliance with any applicable dispute resolution processes.

5. User Conduct

5.1 General Conduct: As a condition of your use of the Service, you agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to engage in any conduct that could harm Fashefy, other users, or any third parties.

5.2 Prohibited Activities: You agree not to:

Illegal Activities: Use the Service for any illegal purpose or in violation of any local, state, national, or international laws or regulations.
Intellectual Property Infringement: Post, list, or sell any items that infringe on any third party’s intellectual property rights, including copyrights, trademarks, patents, or trade secrets.
Fraudulent Activities: Engage in any fraudulent activities, including but not limited to falsifying information, misrepresenting items, or conducting scams.
Offensive Content: Post any content that is defamatory, libelous, threatening, harassing, obscene, indecent, pornographic, or otherwise objectionable.
Hate Speech and Discrimination: Post any content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
Misleading Listings: List items in inappropriate categories or provide misleading or false descriptions of the items for sale.
Spam: Transmit unsolicited or bulk communications, including advertisements and promotional materials, to other users.
Privacy Violations: Collect or store personal information about other users without their explicit consent.
Security Breaches: Attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks connected to the Service through hacking, password mining, or any other means.
Impersonation: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interference: Interfere with or disrupt the operation of the Service or any servers or networks connected to the Service, including transmitting any worms, viruses, malware, or any code of a destructive nature.
Manipulation: Manipulate the price of any item or interfere with other users’ listings or transactions.
Unauthorized Commercial Use: Use the Service for any commercial purpose not expressly permitted by these Terms, including but not limited to sending unsolicited offers or advertisements to other users.

5.3 User Content:

Responsibility for Content: You are solely responsible for the content you post, upload, or otherwise make available through the Service, including listings, messages, reviews, and feedback.
Content Standards: You agree that your content will be accurate, lawful, and will not violate any third-party rights or these Terms.
License to Fashefy: By posting content on the Service, you grant Fashefy a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service and Fashefy’s business, including for promoting and redistributing part or all of the Service in any media formats and through any media channels.

5.4 Reporting Violations: If you encounter any content or behavior that violates these Terms, you are encouraged to report it to Fashefy. We take reports of violations seriously and will investigate all complaints promptly.

5.5 Consequences of Violations:

Investigation: Fashefy reserves the right to investigate and take appropriate action against anyone who, in our sole discretion, is suspected of violating these Terms, including but not limited to suspending or terminating the account of such users and reporting them to law enforcement authorities.
Enforcement Actions: Fashefy may, in its sole discretion, remove or modify any content that violates these Terms or is otherwise objectionable. Additionally, Fashefy may take legal action against violators, including seeking civil, criminal, and injunctive redress.

5.6 Compliance with Applicable Laws: You agree to comply with all applicable laws and regulations regarding your use of the Service, including any laws regarding the export of data or software and the provision of services across international boundaries.

5.7 Cooperation with Law Enforcement: Fashefy will cooperate with law enforcement authorities as required by law and will provide information as necessary to comply with investigations, subpoenas, or court orders.

6. Transactions

6.1 Buying on Fashefy:

Purchase Agreement: When you purchase an item on Fashefy, you are entering into a binding agreement with the seller to purchase the item as described at the price listed.
Payment Authorization: By submitting your payment information, you authorize Fashefy and its third-party payment processors to charge the applicable purchase amount and any associated fees and taxes to your payment method.
Order Confirmation: After completing a purchase, you will receive an order confirmation via email or through the Service. This confirmation serves as your receipt.
Inspection Period: Upon receiving an item, you should inspect it to ensure it matches the description provided in the listing. If there are any discrepancies or issues, you must notify the seller and Fashefy within the specified inspection period.

6.2 Selling on Fashefy:

Listing Items: Sellers are responsible for accurately describing the items they list for sale, including providing clear photos, detailed descriptions, and honest disclosure of any defects or wear.
Setting Prices: Sellers have the discretion to set the prices for their items. Once an item is listed, the seller is committed to selling the item at the listed price to any buyer who completes the purchase.
Order Fulfillment: Sellers must ship items promptly after a sale is completed. It is the seller’s responsibility to ensure that items are packaged securely and shipped using reliable carriers.
Shipping Costs: Sellers must clearly disclose shipping costs in their listings. Buyers are responsible for paying the shipping costs unless otherwise specified in the listing.
Shipping Confirmation: Sellers should provide shipping confirmation, including tracking information, to the buyer and Fashefy.

6.3 Payment Processing:

Third-Party Processors: Transactions are facilitated through third-party payment processors. By buying or selling on Fashefy, you agree to comply with the terms and conditions of these payment processors.
Transaction Fees: Fashefy may charge fees for transactions conducted through the Service. These fees will be disclosed to you at the time of the transaction.
Payment Security: Fashefy and its payment processors use advanced security measures to protect your payment information. However, Fashefy is not responsible for any unauthorized access to your payment information resulting from your own actions or negligence.

6.4 Shipping and Delivery:

Shipping Responsibilities: Sellers are responsible for shipping items to buyers in a timely manner. Failure to do so may result in penalties, including suspension or termination of the seller’s account.
Risk of Loss: Risk of loss and title for items pass to the buyer upon delivery of the item to the carrier. Sellers are encouraged to use shipping services that offer tracking and insurance.
Delivery Confirmation: Buyers should confirm receipt of items through the Service. If an item is not received within the expected delivery timeframe, the buyer should contact the seller and Fashefy to report the issue.

6.5 Cancellations and Returns:

Cancellation Policy: Buyers may cancel orders before the item has been shipped. Sellers are obligated to process such cancellations promptly.
Return Policy: Sellers are required to disclose their return policies in their listings. Buyers should review and understand these policies before making a purchase.
Return Process: If a return is permitted, buyers must follow the seller’s instructions for returning the item. Sellers must issue refunds promptly upon receiving and inspecting the returned item.

6.6 Dispute Resolution:

Buyer-Seller Disputes: Fashefy encourages buyers and sellers to resolve disputes directly through communication. If a resolution cannot be reached, either party may escalate the dispute to Fashefy for assistance.
Dispute Escalation: To escalate a dispute, you must provide detailed information and any relevant documentation to support your claim. Fashefy will review the information and make a determination based on its policies and the evidence provided.
Binding Decision: Fashefy’s decision in any dispute is final and binding. By using the Service, you agree to abide by Fashefy’s resolution of disputes.

6.7 Fraud Prevention:

Monitoring: Fashefy monitors transactions for fraudulent activity. Suspicious transactions may be flagged for review and may result in the suspension of the involved accounts.
Reporting Fraud: If you suspect fraudulent activity, you must report it to Fashefy immediately. Fashefy will investigate and take appropriate action, which may include working with law enforcement authorities.

6.8 Taxes:

Seller Responsibility: Sellers are responsible for determining and paying any taxes associated with the sales they make on Fashefy, including sales tax, value-added tax (VAT), and any other applicable taxes.
Buyer Responsibility: Buyers are responsible for paying any applicable taxes on their purchases, including import duties and other charges imposed by local customs authorities.
Tax Compliance: Both buyers and sellers agree to comply with all applicable tax laws and regulations. Fashefy may provide tax-related information and support but is not responsible for the tax obligations of users.

6.9 Product Listings and Designer Collaborations

Authenticity and Accuracy: Sellers listing items under our multi-designer marketplace represent and warrant that all products are authentic designer items. Product descriptions, images, and any related specifications must be accurate, truthful, and not misleading.
Authorized Collaborations: If a seller represents multiple designers or is part of a designer collaboration, they must have the legal right and authorization to sell those products. Documentation of such authorization must be provided upon request.
Brand Guidelines: All listings must comply with applicable brand guidelines, intellectual property rights, and any usage restrictions set by the respective designers and brands.
Prohibited Items: Counterfeit, replica, or otherwise unauthorized goods are strictly prohibited. Sellers found listing such items will be subject to immediate account suspension or termination.

6.10 Customer Responsibilities

Inspection and Notifications: Customers are responsible for inspecting items promptly upon receipt. Any discrepancies, defects, or authenticity concerns must be reported within the applicable inspection period stated at the time of purchase.
Compliance with Laws: Customers must ensure that the purchase, import, and use of items are lawful in their jurisdiction. This may include compliance with customs regulations and local consumer protection laws.

6.11 Shipping and Fulfillment for New Collections

Prompt Shipment: Sellers are required to ship items within the timeframe specified in their listing. Any delays must be communicated to the buyer, and alternative arrangements or refunds offered if applicable.
Shipping Methods and Costs: Shipping methods, costs, and estimated delivery times must be clearly stated in the listing. Sellers are encouraged to provide tracking information and insurance for valuable items.
Risk of Loss: Risk of loss and title transfer to the buyer upon delivery of the item to the shipping carrier, unless otherwise stated by applicable law.

6.12 Terms for Preloved Sellers

Authenticity and Disclosure: Sellers must accurately represent the authenticity and origin of each preloved item. Any suspected counterfeit items or misrepresentations are strictly prohibited.
Condition Standards: Each preloved listing must include an honest assessment of the item’s condition, noting any visible wear, defects, repairs, or alterations. Clear photographs and detailed descriptions are required to ensure transparency.
Item Authentication Requests: Fashefy reserves the right to request additional information or documentation to authenticate preloved items. Failure to comply may result in removal of the listing or suspension of the seller’s account.

6.13 Disclaimers for Preloved Items

As-Is Sales: Preloved items are sold “as is.” Neither Fashefy nor the seller guarantees the longevity, durability, or future performance of preloved products beyond what is described.
No Implied Warranties: Except as required by applicable law, no warranties are provided for preloved items, including but not limited to warranties of merchantability or fitness for a particular purpose.

6.14 Returns and Exchanges for Preloved Items

Limited Return Period: Preloved items may be subject to different return or exchange policies than new items. Return eligibility, timeframes, and conditions will be clearly stated on the product listing page.
Condition Verification: If returns are permitted, items must be returned in the same condition in which they were received. Verification of condition upon return is required before refunds or exchanges are issued.

7. Fees and Payments

7.1 Service Fees:

Listing Fees: Fashefy may charge a fee for listing items on the Service. The fee structure will be clearly disclosed to you at the time you list an item.
Transaction Fees: Fashefy charges a transaction fee on the sale of items through the Service. This fee is a percentage of the total sale price, including any shipping and handling charges, and will be automatically deducted from the payment received.
Additional Fees: Additional fees may apply for optional services such as promotional tools, premium listings, and other features. These fees will be clearly described at the time you choose to use these services.

7.2 Payment Processing Fees:

Third-Party Fees: Transactions on Fashefy are processed through third-party payment processors, which may charge their own fees for processing payments. These fees are in addition to Fashefy’s fees and are the responsibility of the user.
Fee Disclosure: All applicable fees, including Fashefy’s fees and third-party payment processing fees, will be disclosed to you prior to the completion of any transaction.

7.3 Payment Methods:

Accepted Methods: Fashefy accepts various payment methods, including credit cards, debit cards, and other electronic payment methods as specified on the Service.
Authorization: By providing a payment method, you represent and warrant that you are authorized to use the payment method provided and that you authorize Fashefy and its payment processors to charge your payment method for the total amount of your purchase or fees incurred.

7.4 Fee Changes:

Notice of Changes: Fashefy reserves the right to change its fees at any time. Any changes to fees will be effective immediately upon posting on the Service or as otherwise communicated to you.
Continued Use: Your continued use of the Service after a fee change constitutes your acceptance of the new fee structure.

7.5 Fee Payment:

Automatic Deduction: Fees for selling items on Fashefy, including transaction fees and any applicable additional fees, will be automatically deducted from the payments you receive.
Invoice: For certain services, Fashefy may issue an invoice, which will be due and payable within the time period specified on the invoice. Failure to pay invoices on time may result in the suspension or termination of your account.

7.6 Taxes:

Responsibility for Taxes: You are responsible for determining and paying any taxes associated with your use of the Service, including sales tax, value-added tax (VAT), and other similar taxes.
Tax Withholding: Fashefy may be required by law to withhold certain taxes from your payments. In such cases, the amounts withheld will be deducted from your payments and remitted to the appropriate taxing authority.
Tax Documentation: Fashefy may provide you with tax-related documentation, such as invoices or transaction summaries, to assist you in complying with tax obligations.

7.7 Refunds and Adjustments:

Refund Policy: Fees paid to Fashefy are generally non-refundable. However, in certain circumstances, such as an error in processing, Fashefy may issue a refund at its sole discretion.
Request for Refunds: If you believe there has been an error in fee processing, you must contact Fashefy within a specified period to request a review and potential refund. Requests made after this period may not be considered.

7.8 Chargebacks and Payment Disputes:

Chargebacks: If you initiate a chargeback with your payment method provider, Fashefy reserves the right to suspend your account and investigate the claim. If the chargeback is determined to be invalid, you will be responsible for reimbursing Fashefy for the chargeback amount and any associated fees.
Dispute Resolution: If you have a dispute regarding a payment, you must contact Fashefy’s customer support to attempt to resolve the issue before initiating a chargeback. Fashefy will review the dispute and work towards a resolution.

7.9 Default and Remedies:

Non-Payment: If you fail to pay any fees or charges when due, Fashefy reserves the right to suspend or terminate your account and take legal action to collect any outstanding amounts.
Collection Costs: You agree to reimburse Fashefy for any costs incurred in collecting overdue amounts, including reasonable attorneys’ fees and other legal expenses.

7.10 Credits and Promotions:

Account Credits: Fashefy may, at its sole discretion, issue credits to your account for various reasons, such as promotional activities or resolution of disputes. These credits are non-transferable and may only be used for transactions on the Service.
Promotional Offers: From time to time, Fashefy may offer promotional discounts or other incentives. These promotions are subject to specific terms and conditions, and Fashefy reserves the right to modify or cancel them at any time.

8. Dispute Resolution

8.1 Informal Resolution:

Initial Contact: Fashefy encourages users to first attempt to resolve any disputes informally by contacting the other party directly through the Service's messaging system.
Fashefy Support: If direct communication does not resolve the issue, users should contact Fashefy’s customer support team for assistance. Fashefy will attempt to mediate the dispute and facilitate a resolution between the parties.

8.2 Formal Resolution Process:

Submission of Dispute: To initiate a formal dispute resolution process, the user must submit a written description of the dispute, including all relevant details and supporting documentation, to Fashefy.
Review and Investigation: Fashefy will review the submitted information and may request additional details from either party. Fashefy will conduct an investigation based on the provided evidence and the terms and conditions of the Service.

8.3 Mediation:

Voluntary Mediation: Fashefy may offer voluntary mediation services to help resolve disputes. Mediation is a facilitated negotiation process where a neutral third-party mediator helps the disputing parties reach a mutually acceptable agreement.
Mediator’s Role: The mediator does not have the authority to impose a decision but will assist the parties in understanding each other’s perspectives and exploring potential solutions.
Confidentiality: All discussions and materials presented during mediation are confidential and cannot be used in any subsequent legal proceedings.

8.4 Binding Arbitration:

Agreement to Arbitrate: By using the Service, you agree that any disputes that cannot be resolved through informal resolution or mediation will be settled by binding arbitration in accordance with the Arbitration Act, 1991 (Ontario).
Arbitration Rules: The arbitration will be conducted in accordance with the rules of the ADR Institute of Canada or another mutually agreed-upon arbitration provider.
Selection of Arbitrator: The arbitration will be conducted by a single arbitrator with experience in commercial disputes and online marketplace issues, chosen by mutual agreement of the parties or by the arbitration provider.
Arbitration Location and Procedures: The arbitration will be conducted in Ontario, Canada. The arbitration may be conducted in person, by telephone, or online as determined by the arbitrator in consultation with the parties.
Arbitration Costs: Each party will be responsible for its own costs and expenses in the arbitration, including attorneys’ fees, but the arbitrator may award costs and fees to the prevailing party as part of the decision.
Final and Binding Decision: The arbitrator’s decision will be final and binding on the parties, and judgment on the arbitration award may be entered in any court having jurisdiction.

8.5 Class Action Waiver:

No Class Actions: You agree that any disputes with Fashefy will be resolved on an individual basis and not as part of any class, consolidated, or representative action. You waive your right to participate in any class action lawsuit or class-wide arbitration against Fashefy.
Severability of Class Action Waiver: If the class action waiver is found to be unenforceable, then the entirety of the dispute resolution section shall be null and void.

8.6 Exceptions to Arbitration:

Small Claims Court: Either party may bring an individual action in small claims court in Ontario for disputes within the scope of the small claims court’s jurisdiction, provided that the matter remains in such court and is not removed or appealed to a higher court.
Injunctive Relief: Notwithstanding the arbitration agreement, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.

8.7 Governing Law:

Applicable Law: These Terms and any disputes arising out of or related to them or the Service will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of laws principles.
Jurisdiction and Venue: For any actions not subject to arbitration, you agree to submit to the personal jurisdiction of the courts located in Ontario, and waive any objections to jurisdiction or venue in such courts.

8.8 Modification of Dispute Resolution Terms:

Changes to Terms: Fashefy reserves the right to modify these dispute resolution terms at any time. Any changes will be effective immediately upon posting on the Service or otherwise providing notice to you.
Continued Use: Your continued use of the Service after any modifications to the dispute resolution terms constitutes your acceptance of the revised terms.

8.9 Survival:

Survival of Terms: The provisions of this Dispute Resolution section shall survive the termination of your account or use of the Service and the termination of these Terms.

9. Termination

9.1 Termination by User:

Voluntary Termination: You may terminate your account at any time by following the instructions provided in the Service. Termination of your account will be effective immediately upon completion of the process.
Effect of Termination: Upon termination, you will lose access to your account and any data associated with it, including your profile information, transaction history, and any items you have listed for sale.
Outstanding Transactions: If you have any pending transactions at the time of termination, you remain responsible for fulfilling any outstanding obligations to other users. This includes shipping sold items or resolving any disputes.

9.2 Termination by Fashefy:

For Breach of Terms: Fashefy reserves the right to suspend or terminate your account at any time, with or without notice, if you violate any provision of these Terms, including but not limited to, engaging in prohibited conduct, providing false information, or failing to pay fees owed.
For Inactivity: Fashefy may terminate accounts that have been inactive for an extended period, typically 12 months or more, unless there are outstanding transactions or obligations.
For Compliance with Law: Fashefy may suspend or terminate your account if required to do so by law, regulation, or court order, or if your actions pose a legal risk to Fashefy or its users.

9.3 Effect of Termination by Fashefy:

Access to Service: Upon termination by Fashefy, your access to the Service will be immediately revoked. You will not be able to access your account, complete any pending transactions, or retrieve any data stored in your account.
Notification: Fashefy will attempt to notify you of the termination via the email address associated with your account. The notification will include the reason for termination and any actions you may take, if applicable, to appeal or resolve the issue.

9.4 Consequences of Termination:

Data Retention: Fashefy may retain certain data from your account for a period of time as necessary to comply with legal obligations, resolve disputes, and enforce agreements. This data will be handled in accordance with Fashefy’s Privacy Policy.
Outstanding Fees: Termination of your account does not relieve you of any obligation to pay any outstanding fees or charges accrued prior to termination. Fashefy reserves the right to take legal action to recover any unpaid amounts.
Listings Removal: All of your active listings will be removed from the marketplace upon termination. Any ongoing sales or bids on your items will be canceled.

9.5 Reinstatement:

Appeal Process: If you believe your account was terminated in error, you may contact Fashefy’s customer support to appeal the decision. You must provide any relevant information and documentation to support your appeal.
Reinstatement Decision: Fashefy will review your appeal and, at its sole discretion, may decide to reinstate your account. The decision of Fashefy in this regard is final and binding.

9.6 Survival of Terms:

Post-Termination Obligations: Provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Continued Liability: Any liabilities or obligations incurred by you prior to the termination of your account will survive the termination and you remain responsible for fulfilling these obligations.

9.7 Termination of Service:

Service Discontinuation: Fashefy reserves the right to discontinue the Service or any part of it at any time, with or without notice. In the event of discontinuation, Fashefy will attempt to provide reasonable notice to users.
Effect on Users: If the Service is discontinued, all user accounts will be terminated, and users will no longer have access to the Service. Fashefy will make reasonable efforts to allow users to retrieve their data before discontinuation, where feasible.

10. Limitation of Liability

10.1 General Limitation:

Maximum Liability: To the fullest extent permitted by applicable law, Fashefy, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the Service; (b) any conduct or content of any third party on the Service, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (c) any content obtained from the Service; and (d) unauthorized access, use, or alteration of your transmissions or content.

10.2 Liability Cap:

Monetary Cap: In no event shall Fashefy’s aggregate liability for all claims related to the Service exceed the greater of one hundred Canadian dollars (CAD $100) or the amount you paid Fashefy in the last six months for the Service that gave rise to the claim.

10.3 Exclusion of Certain Damages:

Types of Damages Excluded: To the fullest extent permitted by applicable law, Fashefy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, loss of business opportunities, loss of data, or any other intangible losses, arising out of or in connection with your use of the Service or these Terms.

10.4 Specific Jurisdictional Provisions:

Jurisdictional Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, Fashefy’s liability will be limited to the fullest extent permitted by applicable law.

10.5 Disclaimer of Warranties:

Service Provided "As Is": The Service is provided on an "as is" and "as available" basis. Fashefy makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service. You expressly agree that your use of the Service is at your sole risk.
No Implied Warranties: To the fullest extent permissible by applicable law, Fashefy disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Fashefy does not warrant that the Service, its servers, or email sent from Fashefy are free of viruses or other harmful components.

10.6 Third-Party Conduct:

No Responsibility for Third Parties: Fashefy is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

10.7 User Content and Transactions:

User-Generated Content: Fashefy takes no responsibility and assumes no liability for any content that you or any other user or third party posts, sends, or receives through the Service. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk.
Transactions Between Users: Fashefy is not responsible for and will not be liable for any transactions between users. This includes, but is not limited to, any product or service offered or provided by users, and any disputes or issues arising from such transactions.

10.8 Indemnification:

Indemnity Clause: You agree to indemnify, defend, and hold harmless Fashefy, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

10.9 Limitation Period:

Time to Bring a Claim: Any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

10.10 Force Majeure:

No Liability for Force Majeure: Fashefy shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Fashefy, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

11. Disclaimer of Warranties

11.1 Service Provided "As Is":

Nature of the Service: The Service is provided on an "as is" and "as available" basis. Fashefy makes no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content, materials, or products included on or otherwise made available to you through the Service.
User Responsibility: You expressly agree that your use of the Service is at your sole risk. You assume full responsibility for your use of the Service and any data, content, or information accessed through it.

11.2 No Implied Warranties:

Merchantability and Fitness: To the fullest extent permissible by applicable law, Fashefy disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and any warranties that may arise from course of dealing, course of performance, or usage of trade.
Quality and Accuracy: Fashefy does not warrant that the Service will meet your requirements or expectations; that access to the Service will be uninterrupted, timely, secure, or error-free; or that the results that may be obtained from the use of the Service will be accurate or reliable.

11.3 Security and Reliability:

Viruses and Harmful Components: Fashefy does not warrant that the Service, its servers, or emails sent from Fashefy are free of viruses, malware, or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and maintaining a means external to the Service for any reconstruction of lost data.
Data Loss: Fashefy makes no warranty or guarantee regarding the availability, reliability, or security of the Service or that any defects or errors in the Service will be corrected. Fashefy is not responsible for any loss or damage of any kind arising from the interruption or loss of the Service.

11.4 Third-Party Content and Services:

Links and Integrations: The Service may contain links to third-party websites or services that are not owned or controlled by Fashefy. Fashefy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
No Endorsement: The inclusion of any link or integration does not imply endorsement by Fashefy of the third-party website or service. You acknowledge and agree that Fashefy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

11.5 User-Generated Content:

Content Accuracy: Fashefy does not warrant or make any representations regarding the use or the results of the use of any user-generated content or submissions in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction resulting from your use of any user-generated content.
Responsibility for Content: You acknowledge that all user-generated content provided through the Service is the sole responsibility of the person who originated such content. Fashefy is not responsible for any content uploaded, posted, or otherwise made available by users or third parties on the Service.

11.6 Geographic and Legal Limitations:

Service Availability: Fashefy makes no representations that the Service is appropriate or available for use in all locations. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside Canada, you do so at your own risk and are responsible for compliance with local laws.
Compliance with Laws: You agree to comply with all applicable local laws, rules, and regulations in connection with your use of the Service. Fashefy disclaims all responsibility for any loss, damage, or harm resulting from your failure to comply with such local laws.

11.7 Educational and Informational Purpose:

No Professional Advice: The information provided on the Service is for educational and informational purposes only and should not be construed as professional advice. You should consult with a professional for advice concerning your specific situation.
No Liability for Actions Taken: Fashefy assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or material provided through the Service.

11.8 Limitations by Jurisdiction:

Jurisdictional Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, Fashefy’s warranties and liability shall be limited to the fullest extent permitted by applicable law.

12. Modifications to Terms

12.1 Right to Modify:

Fashefy’s Right: Fashefy reserves the right, at its sole discretion, to modify or replace these Terms at any time. This includes, but is not limited to, changes to the Service, the introduction of new features, or modifications to existing features.
Notification of Changes: Fashefy will provide notice of any material changes to these Terms by posting the updated Terms on the Service and updating the “Last Updated” date at the top of these Terms. In certain cases, Fashefy may provide additional notice, such as sending an email to users or posting a prominent notice on the Service’s homepage.

12.2 User Agreement to Changes:

Acceptance of Modifications: By continuing to access or use the Service after any changes become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.
Review of Terms: It is your responsibility to review these Terms periodically for any changes. Fashefy encourages you to review the Terms regularly to ensure that you understand the terms and conditions that apply to your use of the Service.

12.3 Scope of Modifications:

Types of Modifications: Modifications to these Terms may include, but are not limited to, changes in fees, payment terms, dispute resolution procedures, acceptable use policies, and other rules or guidelines.
Effect on Existing Terms: Any changes to these Terms will not apply retroactively and will not affect any dispute arising prior to the date on which the changes become effective, except as may be required by applicable law.

12.4 Temporary Changes:

Experimental Features: From time to time, Fashefy may introduce new features or enhancements on a trial basis. These experimental features may be subject to different terms and conditions, which will be communicated to users at the time of their introduction.
Feedback and Adjustment: User feedback on experimental features is welcomed and may influence the final implementation of these features. Fashefy reserves the right to modify or discontinue experimental features at any time without notice.

12.5 Emergency Modifications:

Immediate Changes: In certain circumstances, such as compliance with legal requirements, security needs, or urgent technical issues, Fashefy may need to make immediate modifications to these Terms. In such cases, notice of the changes will be provided as soon as reasonably practicable.

12.6 User Notifications:

Methods of Notification: Notifications of changes to these Terms may be provided through various means, including but not limited to, email notifications, in-app messages, or notifications posted on the Service.
User Contact Information: It is your responsibility to ensure that Fashefy has your current email address and other contact information. Fashefy is not responsible for any failure to receive notification if you do not keep your contact information up to date.

12.7 Severability of Terms:

Invalid Provisions: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Fashefy will attempt to replace the invalid or unenforceable provision with a new provision that reflects the original intent in a manner that is enforceable.

12.8 Continued Use Constitutes Acceptance:

Ongoing Agreement: Your continued use of the Service following the posting of any changes to these Terms constitutes your acceptance of those changes. If you do not agree to any changes, you must cease using the Service immediately.

12.9 Modification Disputes:

Dispute Resolution: Any disputes arising from changes to these Terms will be resolved in accordance with the Dispute Resolution section of these Terms. Your rights under the previous version of the Terms will remain in effect until the dispute is resolved.

12.10 Record of Changes:

Version History: Fashefy will maintain a record of changes to these Terms, including the date of each change and a summary of the modifications. This record will be available to users upon request.

13. Intellectual Property

12.1 Ownership of Content:

Fashefy’s Property: All content on the Service, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, the "Content"), is the property of Fashefy or its content suppliers and protected by Canadian and international copyright laws.
Trademarks: All trademarks, service marks, logos, trade names, and any other proprietary designations of Fashefy used herein are trademarks or registered trademarks of Fashefy. Any other trademarks, service marks, logos, trade names, and other proprietary designations are the trademarks or registered trademarks of their respective parties.

12.2 User Content:

License to Fashefy: By submitting, posting, or displaying any content on or through the Service, you grant Fashefy a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any and all media or distribution methods now known or later developed.
Responsibility for User Content: You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the above license to Fashefy. You retain any and all of your rights to any content you submit, post, or display on or through the Service and are responsible for protecting those rights.

12.3 Use Restrictions:

Prohibited Actions: You agree not to (a) modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or the Service in whole or in part without Fashefy’s prior written consent; (b) use the Service in a manner that infringes any intellectual property rights or proprietary rights of any third party; or (c) remove, alter, or obscure any copyright, trademark, or other proprietary rights notices on the Service or accompanying the Content.

12.4 Feedback and Suggestions:

License to Feedback: If you provide Fashefy with any feedback or suggestions regarding the Service ("Feedback"), you hereby assign to Fashefy all rights in such Feedback and agree that Fashefy shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Fashefy will treat any Feedback you provide as non-confidential and non-proprietary.
No Compensation: You agree that you will not be entitled to any compensation for providing Feedback.

12.5 Infringement Claims:

Notification of Infringement: If you believe that any content on the Service infringes your copyright or other intellectual property rights, please notify Fashefy’s designated agent with the following information: (a) a description of the intellectual property right that you claim has been infringed; (b) a description of the content you claim is infringing, including where it is located on the Service; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the owner’s behalf; and (f) your electronic or physical signature.
Designated Agent Contact Information: Fashefy’s designated agent for notice of claims of intellectual property infringement can be contacted at: [insert contact information].

14. General Provisions

14.1 Governing Law:

Ontario Law: These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles.
Jurisdiction: You agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada, to resolve any dispute arising out of or in connection with these Terms or the Service.

14.2 Entire Agreement:

Comprehensive Agreement: These Terms, together with any amendments and any additional agreements you may enter into with Fashefy in connection with the Service, constitute the entire agreement between you and Fashefy regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

14.3 Severability:

Independent Provisions: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.
Replacement of Invalid Terms: If any provision cannot be enforced, it shall be replaced with a valid and enforceable provision that most closely reflects the original intent of the parties.

14.4 Waiver:

No Waiver of Rights: No waiver by Fashefy of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Fashefy to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.5 Assignment:

Transfer of Rights: Fashefy may assign or transfer its rights and obligations under these Terms, in whole or in part, at any time without notice to you or your consent. You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Fashefy.
Binding Agreement: These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns.

14.6 Relationship of the Parties:

Independent Contractors: You and Fashefy are independent contractors. These Terms do not create any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and Fashefy.
No Authority to Bind: Neither party has the authority to bind or obligate the other in any manner whatsoever.

14.7 Notices:

Method of Notice: All notices or other communications required or permitted under these Terms shall be in writing and shall be deemed to have been duly given when delivered in person, by courier service, by email, or by certified or registered mail, return receipt requested, with postage prepaid.
Contact Information: Notices to Fashefy should be sent to the address provided on the Service, and notices to you will be sent to the email address or other contact information you provide during the registration process.

14.8 Force Majeure:

Uncontrollable Events: Fashefy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14.9 Headings:

Descriptive Headings: The headings in these Terms are for convenience only and have no legal or contractual effect. They shall not affect the interpretation or construction of these Terms.

14.10 Survival of Provisions:

Post-Termination: Any provisions of these Terms which by their nature should survive termination or expiration of these Terms, including but not limited to, governing law, indemnification, limitation of liability, and dispute resolution provisions, shall survive any termination or expiration of these Terms.

14.11 Language:

Language of Agreement: These Terms are drafted in English and, in the event of any inconsistency between the English version and any translation, the English version shall prevail.

14.12 Privacy Policy:

Reference to Privacy Policy: Your use of the Service is also governed by Fashefy’s Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy provides information on how we collect, use, and disclose personal information, and your rights regarding your personal data. By using the Service, you agree to the terms of the Privacy Policy. For more information, please review the Privacy Policy available on our website or application.

14.13 Contact Information:

How to Reach Us: For any questions about these Terms or the Service, please contact Fashefy at the contact information provided on our website or application.

15. Contact Information

If you have any questions about these Terms, please contact us at [Insert Contact Information].