LOOP TERMS AND CONDITIONS
This document (“Terms and Conditions”) sets out the User terms that apply to the use of the mobile software application (the “App”) or the website (together with the App, collectively the “Services”) offered by Loop Digital Wardrobe Ltd.
1. ABOUT US
1.1. We are Loop Digital Wardrobe Ltd, a company incorporated in England and Wales (Company No. 13472763 and VAT No. 385597632) whose registered address is Quadrant House 4 Thomas More Square, London, UK (“LOOP”, “we”, “us” or “our”).
1.2. We are a fashion ecosystem that digitalises and connects wardrobes of fashion customers and their friends in record-breaking time, involving them into engaging social media style activities where ‘sustainability’ is simply the outcome. LOOP links a highly engaging user-friendly social media platform with tools to promote resell, swap, donation, and upcycling of fashion products.
1.3. LOOP is not party to any Transaction between Users. Under no circumstances will LOOP buy, sell or exchange Items shown on the Services nor claim to do so.
2. OVERVIEW
2.1. These Terms and Conditions define the relationship between LOOP and Users (“you”, “your”), between Users and Partner and between Users and other Users.
2.2. Please read these Terms and Conditions and our Privacy Policy carefully before signing in or registering with the Services. If you have any questions, please contact us at [email protected]
2.3. We may change these Terms and Conditions from time to time so please check our App or our website at https://loopdigitalwardrobe.comfrom time to time for any updates to them to ensure that you are happy with any changes. We will actively notify you in case we make any material changes to the Terms and Conditions.
2.4. Your continued use of any part of the Services following any update to these Terms of Use will constitute confirmation that you have been notified of those changes and you are happy with them.
3. DEFINITIONS
3.1. Account means User’s account created upon registration on the Services.
3.2. Buyer means User who buys or wishes to buy or swap one or more Item(s) on the Services.
3.3. Discount Coupon means Partner the special deal offered by a LOOP Partner (Partner Brand) to LOOP Users that gives the rebate on purchase of certain goods or services as a reward for being sustainable. The User can get a discount coupon as a reward for completing certain activities on the app that are directly and indirectly contributing to development of a sustainable fashion, like prolonging clothing lifecycle through e.g. swapping, donation, or upcycling.
3.4. Donation means the feature offered by LOOP whereby Users can donate their Items or money to charities though a range of different donation models. The User will get a discount coupon as a reward for supporting the charity of their choice if conditions apply to the selected charity and donation model.
3.5. ePrivacy Directive means Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (SI 2011/1208), the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2015 (SI 2015/355) and the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2016 (SI 2016/524).
3.6. GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
3.7. Item and Allowed Item mean goods or items whose sale is not forbidden by national applicable law or prohibited by LOOP and that are listed by the User in the Services, in order to sell, swap, upcycle, donate or otherwise use them. Only the Items specified by LOOP are Allowed Items for each feature offered by LOOP.
3.8. Intellectual Property Rights mean any patent, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
3.9. Partner means either Retailers, Charities, Influencers or Partners that have an account with LOOP pursuant to the applicable terms.
3.10. Resell means the feature offered by LOOP whereby one User can buy/sell an Item from/to another User.
3.11. Seller means User who sells or wishes to sell or swap one or more Item(s) on the Services.
3.12. Services mean the option offered by LOOP to Users to join Discount Coupons schemes, manage their online wardrobe, share styling ideas, list their Items and interact with other Users and Partner by Swapping, Donating, Upcycling and Reselling their Items, by posting comments, by sending private messages or by using any other feature available in LOOP App or Website.
3.13. Swap means the feature offered by LOOP whereby one User can exchange an Item with another User.
3.14. Third Party Services mean products, goods or services offered via any Third Party Site.
3.15. Third Party Site means websites and/or apps of Partnerand other third parties.
3.16. Third Party Social Networking Service means third party platforms that may be used to create an account with LOOP.
3.17. Transaction means any trade between Users or between Users and Partnerwhich transfers the ownership of and/or the right to use an Item from one User to another or from the Partner to the User.
3.18. UK GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018.
3.19. Upcycle means the feature offered by LOOP whereby Users can send their Items to LOOP’s upcycling Partners to turn non-usable items into new home décor products. The User will get a Discount Coupon as a reward for supporting the upcycling models if conditions apply to the selected upcyling option.
3.20. User means an individual who has created an account on the Services pursuant to these Terms and Conditions.
3.21. User Content means any content including but not limited to photos, videos, messages, and text created by Users and/or uploaded by Users to LOOP.
4. ELIGIBILITY
4.1. You need to be at least 13 and capable in your country of residence of entering into a legally binding agreement in order to use the Services.
4.2. The Services are for the personal use of individual users only and may not be transferred by you to any other person or entity.
4.3. You must not allow anyone to access the Services on your behalf.
4.4. In order to use the Services, you need to create an Account. You may create an Account using Facebook, Twitter, Instagram, Apple, Google or other Third Party Social Networking Service.
4.5. When registering for the Services, we may request you to verify your Account for security purposes. LOOP may introduce any account verification means in its sole discretion.
5. LISTING CONDITIONS.
5.1. Only women’s, men’s, unisex, genderless andchildren’s clothing, footwear and accessories are considered Allowed Items for re-selling, swapping and upcycling.
5.2. Only T-Shirts & Tops, Trousers, Jackets, Hoodies & Knitwear, Shirts, Dresses & Skirts, Suits, Underwear & Swimwear, Kids & Baby Clothing, Accessories, Scarves, Hats & Gloves, Shoes are considered Allowed Items for donation.
5.3. The following Items are strictly prohibited:
• Items that do not comply with applicable laws;
• Counterfeit items;
• Items that promote or display violence, discrimination, hatred, crime;
• Items that do not comply with hygiene standards, or pose risk to one’s health;
5.4. When listing an item for sale, swapping, donation or upcycling on our Services, you need to comply with the requirements detailed above and you also confirm that:
5.4.1. You are the owner of the Items and have the right to transfer the ownership, sell, swap or donate them;
5.4.2. The sale, swap, use or possession of such Items do not violate the rights of any third party, comply with intellectual property rights and do not violate any local, national or international applicable law or regulation;
5.5. You need to provide the following details in order to list an item: name, brand, product category, short description, price, size, colour, photos and product quality (new, used, new with tags, etc.)
5.6. Item’s details can be edited at any time before the User enters into an agreement with another User.
5.7. When an Item is listed for sale or swapping and as such is published to other Users, this constitutes an offer for sale of the relevant item by the Seller, which may be accepted by a Buyer.
5.8. In order to list an Item you need to verify your Stripe account. Your Stripe account is subject to Stripe’s Terms and Conditions and Privacy Policy, for further information please visit stripe.com
6. RE-SELLING CONDITIONS
6.1. All Items listed for reselling must include an image and a description.
6.2. LOOP may remove Items from reselling if they do not receive support from other Users.
6.3. Transactions may only take place via either PayPal or Stripe. For PayPal and Stripe Terms and Conditions and Privacy Policy, please visit their websites at paypal.com and stripe.com.
6.4. All prices must be expressed in British Pound (GBP) with all applicable taxes included.
6.5. The amount paid by the Buyer includes Item price, shipping label, LOOP commissions, payment provider’s fee, protection fee. [please detail].
6.6. You are not allowed to sell or purchase an Item by making direct arrangements with the Buyer or the Seller, to use a payment method other than Stripe or to use shipping options other than the ones available on LOOP. Selling or purchasing an Item in any other way is a breach of these Terms and Conditions.
6.7. The Buyer accepts the Seller’s offer when the Buyer clicks the button ‘Buy’ and fills in the form with the required details, chooses the delivery method and pays for the order.
6.8. The acceptance of the Seller’s offer by the Buyer implies that the Buyer and the Seller enter into a legally binding contract for the sale and purchase of the agreed Item(s).
6.9. A Transaction is deemed completed when the product is delivered to the Buyer.
6.10. The Seller is responsible for shipping out the Item(s) after the Buyer has accepted their offer. The Seller must use the ‘shop to shop’ parcel service. Shipping conditions of Section 12 apply.
6.11. The payment will only be processed once the Item has been delivered to the Buyer and the Buyer has confirmed that they have no objection to the product within 48h. In the absence of confirmation from the Buyer within 48 hours from the reception of the Item, the Seller will automatically get the funds after 48h. If the Buyer has objections, the payment will not be processed until the dispute has been resolved between the users, or as step two, by LOOP customer service.
6.12. Any Transaction and/or agreement for sale and/or purchase of an Item is made solely between the Buyer and the Seller.
6.13. Complaints, questions, and claims related to an Item should be directed to the Seller. LOOP is not party to any Transaction between Users, therefore we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Items, the truth or accuracy of any picture or description of Items or any other content made available by Users, the ability of the Seller to sell the Items, the ability of the Buyer to pay for them or that the Buyer or the Seller will actually complete a Transaction and we have no liability in this respect.
6.14. Except as otherwise required by law, you are responsible for all taxes relating to your sales of Items through the Services.
7. PURCHASING CONDITIONS FOR TRANSACTIONS BETWEEN USERS AND PARTNER
7.1. Except as otherwise provided, Transactions between Users and Partner are governed by each Partners own terms. Users must carefully read Partner’s terms and conditions and privacy policy before completing any Transaction with them.
8. SWAPPING CONDITIONS
8.1. Users may exchange Items between each other. All Items listed for swapping must include an image and a description.
8.2. Any swap offer is accepted only when the two parties agree to each other’s swapping conditions.
8.3. Transaction is deemed completed when both parties receive the products, when the shipment status changes into ‘Delivered’.
8.4. Users are not allowed to swap an Item by making direct arrangements with other Users.
8.5. The acceptance of the Seller’s offer by the Buyer implies that the Buyer and the Seller enter a legally binding contract for swapping the agreed Item(s).
8.6. Items should be shipped after the two parties accept each other’s swapping conditions. The Seller must use the ‘shop to shop’ parcel service. Shipping conditions of Section 12 apply.
8.7. In case any payments are made as part of the Transaction, the relevant provisions of Section 7 apply.
8.8. Any Transaction and/or agreement for swapping an Item is made solely between the Buyer and the Seller.
8.9. Complaints, questions, and claims related to an Item should be directed to the Seller. LOOP is not party to any Transaction between Users, therefore we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Items, the truth or accuracy of any picture or description of Items or any other content made available by Users, the ability of the Seller to sell the Items, the ability of the Buyer to pay for them or that the Buyer or the Seller will actually complete a Transaction and we have no liability in this respect.
8.10. Users need to pay for the shipping label.
9. UPCYCLING CONDITIONS
9.1. The upcycling service is offered through our upcycling Partners. You can choose the upcycling Partner you want to send your Items to for upcycling. When sending an Item for upcycling, the relevant Partner’s terms and conditions may apply and your personal information will be processed in line with their privacy policy.
9.2. You must use the ‘shop to shop’ parcel service. Shipping conditions of Section 12 apply.
9.3. Once your pre-loved items get their new life you will receive a notification that new items were born.
9.4. By sending Items to our upcycling Partners you may get access to Partner’s discount coupons scheme. You can unlock your LOOP Coupons and get Doing Good Discounts foryour next purchase. Please see Section 11.
9.5. Once the Item has been sent to our upcycling Partners, the User will not be able to get it back. Return option is not available for this service.
10. DONATION CONDITIONS
10.1. All donated Items are sent to charity, where resold or recycled, helping raise money for charity. You can choose the charity you want to donate your Items to from the Partners that LOOP works with.
10.2. You can either send your parcel using the ‘shop to shop’ parcel service according to the shipping conditions of Section 12 or use the drop off point and donate it directly at the charity shop according to the chosen charity instructions.
10.3. LOOP may also offer its Users the option to donate the money obtained from reselling their Items to the charity or organisation they choose.
10.4. By donating Items or money you may get access to PartnerDiscount Coupons scheme. You can unlock your LOOP Discount Coupons and get Doing Good Discounts for your next purchase. Please see Section 11.
10.5. Once the Item has been sent to charity, the User will not be able to get it back. Return option is not available for this service.
11. DISCOUNT COUPONS SCHEME
11.1. When donating an Item or money or sending an Item for upcycling, you may choose to be introduced and connected to Partner Discount Coupons scheme. You may also get some discounts from Partner under some circumstances if you resell your products instead of returning it to the Partner.
11.2. The Discount Coupons scheme allows you to:
• identify and register for Discount Coupons schemes;
• view your transaction history with Partner;
• monitor and track your collection of discount points, tokens or rewards balances with each Partner (“Discount Coupons”);
• redeem Discount Coupons with Partner; and
• be kept up to date with the latest offers, discounts, promotions, and incentives run by Partner.
Information about when the Discount Coupons will be available after sending the Item(s) to charity or upcycling will be displayed in the app. Once the access to the Discount Coupons has been granted, the User can use as many of them at his or her discretion subject to the applicable conditions.
11.3. For each activity that is rewarded with Discount Coupons, the Users will be guided throughout the process and given guidelines on volume/weight/content in app.
11.4. Once your Discount Coupons are available, you have 10 days to access and download the coupon codes.
11.5. Your Discount Coupons will be available thirty minutes after you have left your box or bag at a drop off point or your parcel has been picked up by the delivery or courier service provider.
11.6. Once your Discount Coupons have been issued, they will be available in your LOOP Account. We may also send them to the email address you provided at the moment of Account creation as part of the transactional email sent to confirm your order.
11.7. You can redeem your Discount Coupons on the Partner’s official website within LOOP (through LOOP browser) or outside LOOP on the Partner’s website. Each coupon has its own Terms and Conditions which are available in the Coupon’s description on the app.
12. SHIPPING CONDITIONS FOR TRANSACTIONS BETWEEN USERS AND FOR DONATION AND UPCYCLING.
12.1. The User selling, swapping, donating, or upcycling an Item is responsible for the shipment of the Item to the Buyer, the charity, the upcycling Partner or any other recipient as applicable and for the generation of the shipping label.
12.2. LOOP shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through the carriage and/or delivery of any shipments.
12.3. Packaging guidelines will be provided in app. Once you have chosen the courier, the requirements on the package size and weight will be provided.
12.4. Some charities may offer to LOOP Users free postage as gratitude for donation. Please check the information provided about each charity to confirm whether this applies. Each charity may use its own parcel delivery and courier service provider. Accordingly, the parcel will need to be delivered pursuant to each provider’s applicable terms.
12.5. LOOP may partner with parcel delivery and courier service providers with the aim to offer its Users the services of third party service providers specialising in transport and delivery. In such a case:
12.5.1. When the User chooses the Hermes shipping service, a shipping label is automatically sent to the User, which must be used for the shipment of the Item to the Buyer, the charity, or the upcycling Partner as applicable. As part of this service, Hermes general terms and conditions are applicable and they will process your personal information in line with their Privacy Policy [www.myhermes.co.uk/privacy-policy]
12.5.2. When the User chooses the ASDA to You shipping service, a shipping label is automatically sent to the User, which must be used for the shipment of the Item to the Buyer, the charity or the upcycling Partner as applicable. As part of this service, ‘Asda to You’ general terms and conditions are applicable and they will process your personal information in line with their Privacy Policy.
12.5.3. When the User chooses Collect+, only available for charities, a shipping label is automatically sent to the User, which must be used for the shipment of the Item to the charity. As part of this service, ‘Collect+’ general terms and conditions are applicable and they will process your personal information in line with their Privacy Policy.
12.5.4. Where LOOP partners with other delivery and courier service providers, each provider own terms and conditions and privacy policy will apply.
12.5.5. Shipping costs will be provided in app when the available shipping options are displayed.
12.5.6. Each courier service provider’s Terms and Conditions apply in case of unsuccessful delivery.
13. SHIPPING CONDITIONS FOR TRANSACTIONS BETWEEN USERS AND PARTNER
13.1. Except as otherwise provided, transactions between Users and Partner are governed by each Partner own terms. Users must read carefully the Partner Terms and Conditions and Privacy Policy before completing any Transaction with them.
14. RETURNS
14.1. ZigZag and Rebound Returns pages will be open within LOOP to complete returns. LOOP is not involved in this process and ZigZag and Rebound Returns terms and conditions apply.
14.2. Returns are not available for Items donated or upcycled.
14.3. Conditions for shipping return to a Partner are defined by each Partner. However, instead of sending to the Partner back those Items the User wishes to return, LOOP encourages its Users to be eco-friendly and save CO2 by reselling the Items instead of returning them. If the Item is sold, Users will receive a refund of the price paid for the Item and an extra discount for the next purchase. In case the Item was not sold, Users can use the traditional returns procedure defined by each Partner.
14.4. Some Partnermay offer free returns.
15. BUYER PROTECTION
15.1. We have created a chat for the purpose of helping Users to resolve ongoing disputes between them. Payment will remain on hold if such a claim regarding a specific purchase is submitted until further agreement between the two parties is established.
15.2. LOOP shall not be liable for any issues arising from Transactions. Please see Section 27 for further information about limitation of liability.
16. USER CONTENT
16.1. If you upload content to the Services (“User Content”), you will be solely responsible for that Content. You agree not to submit any content that:
• Infringes any intellectual property rights;
• is in breach of confidence or privacy;
• is false, misleading, defamatory, discriminatory, threatening or offensive;
• is likely to cause someone anxiety or distress;
• encourages violence or racial or religious hatred;
• encourages or teaches conduct that is a criminal offence;
• gives rise to civil liability; or
• is otherwise unlawful.
16.2. You retain all of your ownership rights in any User Content you upload to the Services, but by uploading content to the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us a worldwide, non-exclusive, royalty-free, irrevocable and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and exploit the User Content (including any Intellectual Property Rights therein) anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business.
16.3. Our right to use your User Content does not in any way affect your privacy rights and we will only use your personal information in line with our Privacy Policy as further detailed in Section 23 below.
16.4. We will not be responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Services.
16.5. We do not check or moderate any User Content before it is added to the Service by Users. We may later check, moderate, any User Content. We reserve the right to remove any Content you post on the Service if, in our opinion, your post does not comply with these Terms and Conditions. Please also see section 16 below: “Interaction and messages”.
16.6. Upon request of the Users or at LOOP’s sole discretion, LOOP is authorised to withdraw from the Services any User Content that violate these Terms and Conditions or the rights of other Users. User Content removed from the Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations.
16.7. After having identified the User who has not respected the above rules applying to User Content, we reserve the right to suspend the Use of the Services to the User concerned in full or in part or to take any other action we deem appropriate, in accordance with sections 18.4 and 21.3 below.
16.8. The views expressed by other users on the Services do not represent our views or values.
17. INTERACTION AND MESSAGES
17.1. Users can share information about Items sold, bought, swapped, recycled, upcycled, post publications about styling ideas and exchange feedback among them by reviewing and commenting other Users’ styling ideas and publications. Users can interact with other Users regardless there is an existing Transaction between them or not, depending on the privacy settings set by the each User.
17.2. Users can also exchange private messages among them for the purpose of sharing information about the Items available for reselling or swapping.
17.3. Users can create their own wish list based on the Items they like from Partner, Partner portfolio or from other Users, such as friends’. The wish list is not intended to and shall not be deemed to constitute a guarantee by LOOP or the Users, Partner or any other agent involved of the availability of the Item or its price at the moment when the User complete the Transaction. Notifications about the Items added to the User’s wish list may be sent in-app or by other means such us email or text message for the purpose of providing the Users with information they need about those Items, for example in relation to their availability or the price of the Item.
17.4. Users can set up alerts based on Items they like. The alerts are not intended to and shall not be deemed to constitute a guarantee by LOOP or the Users, Partner or any other agent involved of the availability of an Item which matches the alert. Notifications about Items matching the alert set up by the User may be sent in-app or by other means such us email or text message for the purpose of providing the Users with information they need about those Items, for example in relation to their availability or the price.
17.5. Users can invite other friends to LOOP through the feature “Invite friends”. By using this feature you can send a text message or an email to any contact in the address book of your device inviting them to join LOOP. Any communication sent by these means is sent at the User own discretion and from the User’s mobile phone or email address directly and does not qualify as marketing sent by LOOP under any circumstance.
17.6. No compensation is given to Users in exchange for their reviews and comments on the Services.
17.7. Any interaction among Users must always be fair and honest.
17.8. When exchanging comments, feedback or private messages with other Users, Users cannot do any of the following under any circumstance:
• Send messages or information that feature advertising;
• Send spam or content spreading viruses or worms;
• Send mass mailing messages of any other kind whatsoever (when a message is sent to more than five Users or when the same message is copied and sent to Users who have not asked to receive them);
• Send messages containing texts contrary to good moral standards and public order, inappropriate, insulting or defamatory messages or those otherwise regarded as incompatible with these Terms and Conditions and the interests of Users;
• Send messages of an unlawful nature or otherwise attempting to cause harm to other Users and/or the Site;
• Send messages that may qualify as harassment of any kind whatsoever
17.9. LOOP does not review, check, or moderate any feedback, comments or private messages before publication or delivery. We may later check, moderate, reject, refuse or delete any feedback and comments which we think break these Terms and Conditions.
17.10. Where feedback, comments or private messages are inappropriate or abusive or in any case breach these Terms and Conditions, Users are entitled to report it to LOOP at [email protected] Upon request of the Users or at LOOP’s sole discretion, LOOP is authorised to withdraw from the Services any feedback, comments or private messages that violate these Terms and Conditions or the rights of other Users.
17.11. After having identified the User who has not respected the above rules applying to interaction among Users, we reserve the right to suspend the Use of the Services to the User concerned in full or in part or to take any other action we deem appropriate, in accordance with sections 18.4 and 21.3 below.
17.12. The views expressed by other users on the Services do not represent our views or values.
18. UNAUTHORISED ACTIVITIES
18.1. Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service:
• access or tamper with the Services, or try to gain unauthorised access to the Services computer systems, or the technical delivery systems of our service providers;
• knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
• gather and use information, such as user names, real names, email addresses without being allowed to do it or transmit any unsolicited advertising, junk mail, spam or other form of solicitation;
• use the Service in any manner not authorised by these Terms and Conditions;
• use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of the Service, without the our permission;
• violate any applicable law or regulation; or
• encourage or enable any other individual to do any of the foregoing.
18.2. Additionally, the following activities are prohibited and constitute a violation of these Terms and Conditions:
• Providing fraudulent or false information;
• adding or spreading content that is racist, xenophobic, pornographic, supportive of terrorism or that infringes human rights;
• spreading, communicating or making available to third parties any kind of information, element or content against the fundamental rights;
• spreading, communicating or making available to third parties any kind of information, element or content that constitutes unlawful or unfair advertising;
• sharing other Users or third party personal data without being allowed to do it;
• unlawfully accessing, publishing or otherwise using the personal information of other Users or third parties;
• impersonating other Users or third party.
• submitting or contributing any User Content without the permission of the content owner, or otherwise infringe the intellectual property, copyright, trademark or other rights of third parties;
• tampering with security we implement to protect our Services;
• Partnerpurchase or sell an Item by making direct arrangements with the Buyer or the Seller to use a payment method other than PayPal or Stripe;
• reselling Discount Rewards and offers, discounts, targeted promotions or other information;
• attempting to use Discount Rewards and offers, discounts, targeted promotions or other information more than once;
• creating reviews of Transactions not carried out;
• making or implying any statements you make are made or endorsed by us;
• intentionally overwhelming our servers with excessive demand; and
• adding any hyperlinks to our Services without our written consent.
18.3. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions. During such investigation we may temporarily withdraw your right to use the Services or remove User Content without notice to you.
18.4. Any of the activities described above constitutes a serious breach of these Terms and Conditions and we may take any of the following actions with or without notice and entirely at our discretion:
• Temporarily or permanently suspend your Account and withdraw your right to use the Services;
• temporarily or permanently remove your User Content; and
• take legal action against you.
18.5. The actions described above are not limited and we may take any other action we reasonably deem appropriate.
19. ADVERTISEMENT ON THE SERVICES
We and our selected business partners and Partner may display advertising to you through the Service. This advertising may be based on your User Content or other information available through the Service, such as your activities, behaviour and interaction with our Services. We may use advertising cookies for this purpose. We will only use your personal information in line with the GDPR, the UK GDPR and the ePrivacy Directive and as set out in our Privacy Policy.
20. VARIATION OF OR SUSPENSION OF THE SERVICE
Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. We reserve the right to change or discontinue, temporarily or permanently, the Service at any time without notice. We shall not be liable to you or any third party for any modification or discontinuance of the Service.
21. DEACTIVATION, CANCELLATION OR SUSPENSION OF YOUR ACCOUNT
21.1. You may temporarily deactivate your Account at any time by contacting us by email at [email protected] or by contacting our support service On deactivation, neither your Account nor your account details containing your personal information will be deleted from our systems. You will still be able to reactivate your account within three months after deactivation. After 3 months deactivated accounts may be subject to automatic deletion. Please note that your Account will not be deactivated by deleting the App alone.
21.2. You may delete your Account at any time in app or by contacting us by email at [email protected] or by contacting our support service. You need to email us from the email associated with your LOOP account and include your username in the message, along with your request to delete the account. Requests may take up to seven days to be processed. After deleting your account you will have 30 days to restore your account before all information is permanently deleted, unless otherwise required in line with the data protection framework and our Privacy Policy. However, you should note that even if your Account is deleted, some of your data may persist and appear within the Services, for example where your User Content has been re-shared by other Users. Please note that your account details will not be deleted by deleting the App alone.
21.3. We may at any time suspend your use of the Service on reasonable grounds which relate to:
• the security of the Services including the suspected unauthorised or fraudulent use of the Services;
• we believe it is required by law (for example, where the provision of the Services to you is, or becomes, unlawful); and/or
• your use the Services in contravention of any reasonable instructions given by us or in breach of these Terms and Conditions.
21.4. We will normally give advance notice (by email) to you if your Account is going to be suspended, where we will explain the reasons for such action, except where doing it would compromise reasonable security measures or if it is unlawful to do so.
21.5. Accounts that remain inactive for more than 6 months may be subject to automatic deletion. Once your account is deleted, you will no longer be able to access your Account or any User Content you have submitted to the Services.
21.6. If you or LOOP end your use of the Services or we withdraw the Service as described in this clause, we will not be liable to you or to any third party for the suspension or termination of your Account or your access or use of the Services. You will also lose any rights you have to use the Service or access our content or your User Content. We will not offer you compensation for any losses.
22. INTELLECTUAL PROPERTY
22.1. We are the owner or the licensee of all Intellectual Property Rights (including copyright, trademarks and database rights), in and to our Services. The contents on our Services, meaning, by way of example but not limited to, the texts, photographs, graphics, images, icons, technology, software, databases and other audio-visual or sound content, as well as its graphic design and source code, including their “look and feel” and the distinctive brand features are protected by worldwide copyright laws and treaties. All such rights are reserved by us.
22.2. We give you permission to use the materials and content comprising the Services for the sole purpose of using the Services in accordance with these Terms and Conditions. No other use is permitted without prior written consent from us.
22.3. The trademarks, service marks, and logos of LOOP used and displayed on the Services are registered and unregistered trademarks or service marks of LOOP. Other company, product and service names located on our Services may be trademarks or service marks owned by others. Nothing on our Services should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use the trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the LOOP trademarks inures to our benefit.
23. DATA PROTECTION
23.1. We will only process your personal data in accordance with the GDPR, the UK GDPR and any other applicable data protection laws.
23.2. These Terms and Conditions should be read alongside our Privacy Policy, please read it for full information about how we process your personal data, including the categories of data processed, the purposes of processing, your rights and other relevant information.
24. LINKS TO THIRD-PARTY WEBSITES
24.1. Our Site or App may contain links to websites and/or apps of Partner and other third parties (“Third Party Sites”). We do not endorse the Partner, companies or contents of any Third Party Site, or the products, goods or services offered via any Third Party Site (“Third Party Services”).
24.2. Third Party Sites have not been verified or reviewed by us. Your access and use of any Third Party Site, including any purchase of Third Party Services you make from a Third Party Site, is entirely at your own risk and discretion and subject to the terms and conditions and privacy policies of that Third Party Site. We expressly disclaim any liability related to your use of any Third Party Sites or Third Party Service.
25. INDEMNIFICATION
25.1. You agree to indemnify us and our service providers and keep us and our service providers indemnified from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable lawyers’ fees) arising out of or attributable to any misuse by you of the Service, your violation of these Terms and Conditions or your infringement of any intellectual property or other right of anyone.
25.2. Where we decide to conduct the defence of such claim, you agree to assist us as reasonably requested.
26. DISCLAIMER OF WARRANTIES
26.1. Your use of Service and all information, products and other content (including that of third parties) included in or accessible from the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind as to the Service and all information, products and other content (including that of third parties) included in or accessible from the Service, whether express or implied.
26.2. We and our service providers make no warranty that:
• the Service will meet your requirements;
• the Service will be uninterrupted, timely, secure, or error-free;
• the results that may be obtained from the use of the Service will be accurate, reliable or completely up to date;
• the quality of any products, services, information, or other material obtained by you through the Service will meet your expectations; or
• any errors in the technology will be corrected.
26.3. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the Service will create any warranty not expressly stated in these terms.
26.4. Your use of Third Party Services shall be subject to the terms and conditions and privacy policy of the relevant Partner or third party and it is your responsibility to review and understand the terms and conditions and privacy policy that apply to your use of such Third Party Services. You acknowledge and agree that we are not responsible for the performance of Third Party Services.
27. LIMITATION OF LIABILITY
27.1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
27.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services or any content on it, whether express or implied.
27.3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our Services; or
• use of or reliance on any content displayed on our Services.
27.4. Please note that we have no liability to you for any loss of profit, loss of business, business interruption, loss of anticipated savings, or any indirect or consequential loss or damage.
27.5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services to your downloading of any content on it, or on any website linked to it.
27.6. We assume no responsibility for the content of websites linked on our Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
27.7. We are not responsible for any action or inaction of Users, or content provided by Users including, without limitation:
• the descriptions, information or photos of Items, including their accuracy and completeness;
• the quality, legality or safety of the Items;
• the delivery of the Items;
• the availability of the Items;
• the Seller’s title to the Items; or
• any Seller’s or Buyer’s right and ability to complete such Transaction.
28. VALIDITY OF THESE TERMS AND CONDITIONS
If any part or provision of these Terms and Conditions is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.
29. WAIVER
Our failure or delay in enforcing or exercising any right, provision power or privilege under these Terms and Conditions will not operate as a waiver of such right, and any single or partial exercise of any such right will not preclude any other or further exercise of such right or the exercise of any other right, power or privilege.
30. APPLICABLE LAW
These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. Any dispute arising out of or in connection with These terms and Conditions, including any question regarding its existence, validity, or termination, shall be referred to the courts of England and Wales.