Terms of Service
Last Updated: May 3, 2018
Please read the terms and conditions of this User Agreement carefully. This agreement constitutes a legally binding and enforceable agreement between you and Tradeup Solutions [Private] Limited, a limited liability Company duly incorporated and existing under the laws of Sri Lanka and having its registered office at 99 Stace Road, Colombo 14. This Agreement governs the terms and conditions subject to which you may use the Services provided by Tradeup Solutions [Private] Limited.
The terms and conditions contained herein may be amended from time to time with or without notice to you. Whenever this User Agreement is amended, the revised version of the User Agreement will be posted on our Application and when you click on the ‘User Agreement’ link you will be directed to such revised version of the User Agreement. You should therefore read this User Agreement periodically so as to keep yourself updated with the terms and conditions applicable to the Tradeupgo services in force at any given time. Your acceptance of the terms and conditions includes acceptance of any amendments to such terms and conditions done from time to time. In the event we incorporate a substantial change in the User Agreement, notice of same shall be posted on our Application and Website at least 30 days prior to the change taking effect.
1. THE SERVICES, ELIGIBILITY AND INFORMATION
1.1 The Tradeupgo Services
Tradeupgo is an online trade-in platform operating on web and mobile applications that facilitates, streamlines and simplifies the trade-in process. Tradeupgo is not a buyer or seller of products and, at present, you cannot sell or buy products through our Application.
We facilitate the trade-ins of the products and product categories listed on our Application and Website. The products and product categories in respect of which the Tradeupgo Services are provided is subject to change at any time.
The trade-in value for the selected product computed by our Application/Website is based on the information provided by you in response to the questions asked by the Application/Website. As such, we are not responsible for an incorrect/inaccurate trade-in value for your product generated as a result of incorrect/inaccurate/incomplete information provided by you during the trade-in value computation process.
The trade-in value for your product indicated in the confirmation page is only an estimated value. The final trade-in value will be determined upon a physical evaluation of the product at our partner outlet. Although we try our best to provide an accurate trade-in estimate for your product, we are not liable or responsible for any discrepancy between the estimated trade-in value computed by us and the final trade-in value determined upon a physical evaluation of the product at our partner outlet.
Unless otherwise indicated by our partner outlet/s at the time of physical evaluation, there will be no cash payments for trade-ins. The final trade-in value determined by our partner outlet will be set-off against the purchase price of the product you wish to purchase from the said partner outlet. You will be required to pay the difference between the purchase price of the product selected by you and the final trade-in value determined by the partner outlet.
We do not provide any guarantee or assurance that the partner outlet identified by our Application/Website and selected by you for the trade-in will have in stock the product/s for which you wish to trade-in your old product.
1.2 Eligibility. To be eligible to use the Tradeupgo Services, you must be at least 18 years old.
2. USE OF APPLICATION/WEBSITE
Our Application/Website and the content provided in the Application/Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Unauthorized use of the Application/Website and/or the materials contained on the Application/Website may violate applicable copyright, trademark or other intellectual property laws or other laws.
3. OUR RIGHTS AND LIABILITIES
- We reserve the right to modify or withdraw, temporarily or permanently, the Application and/or the Tradeupgo Services (or any part thereof) with or without notice to you and you agree and acknowledge that we shall not be liable to you or any third party for any modification to or withdrawal of the Application, Website or Tradeupgo Services.
- We do not warrant an error free or uninterrupted performance of the Application and/or the Tradeupgo Services and/or any part or feature of the Application or the Tradeupgo Services.
- Notwithstanding anything to the contrary contained elsewhere in this Agreement, Tradeupgo shall not be liable to you and/or any third party for any damages, including lost profits, lost savings or other incidental, consequential or special damages arising from or attributable or incidental to the Application and/or the Tradeupgo Services and/or any part or feature of the Application or the Tradeupgo Services being offline and/or not operational and/or taken down and/or suspended and/or inaccessible and/or interrupted and/or due to any error in the Application or the Tradeupgo Services due to any reason whatsoever even if we had been advised of the possibility of such damages.
4. GENERAL TERMS
4.1 Limitation of liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, THE TRADEUPGO SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) AND ALL SUCH LIABILITY TO YOU OR TOO ANY THIRD PARTY WHATSOEVER IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
4.2 No Warranty. THE TRADEUPGO SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TRADEUPGO, OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
4.3 Indemnification. You agree to defend, indemnify and hold Tradeup Solutions (Private) Limited, our Affiliates, officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including reasonable attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your breach of this Agreement and/or use of the Tradeupgo Services.
4.5 No Waiver. Our failure or delay to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches.
5. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Sri Lanka.
- “Affiliate” means a company that is a direct or indirect subsidiary of Tradeup Solutions [Private] Limited, or otherwise related to Tradeup Solutions [Private] Limited through common ownership or control.
- “Application” means the Tradeupgo web or mobile platform based application through which you can access and utilize the Tradeupgo Services
- “Information” means any information that you provide to us, including but not limited to your e-mail address and telephone number.
- “Tradeupgo Services” means all our products and services and any other features, technologies and/or functionalities offered by us on our Application or through any other means.
- “Tradeupgo,”“we,” “us” or “our” means Tradeup Solutions [Private] Limited
- “Website” means the Tradeupgo website