Tavendi Terms of Use

Last updated: May 1, 2025

1. Introduction

1.1 Purpose

These Terms of Use govern your access to and use of the Tavendi platform, including its website and mobile application. By accessing or using our platform, you agree to be bound by these Terms.

1.2 Acceptance of Terms

Your use of the Tavendi platform constitutes your acceptance of these Terms of Use. If you do not agree to these Terms, please do not use the platform.

1.3 Modification of Terms

We reserve the right to modify or amend these Terms of Use at any time. Any changes will be effective immediately upon posting on the platform. For significant changes, we may provide additional notice, such as through email or in-app notifications. Your continued use of the platform after any such changes constitutes your acceptance of the new Terms of Use.

2. User Account

2.1 Account Creation

To use certain features of the Tavendi platform, you may need to create a user account. You agree to provide accurate and complete information during the registration process and confirm that you are of legal age to enter into these Terms in your jurisdiction.

2.2 Account Security

You are responsible for maintaining the security of your account credentials, including your password. You agree not to share your account information with any third party.

2.3 Account Termination

Tavendi reserves the right to suspend or terminate your account at any time, without notice, for any reason, including but not limited to violation of these Terms of Use, illegal activity, providing false or misleading listing information, or engaging in prohibited buying or selling practices.

3. User Conduct

3.1 Prohibited Conduct

You agree not to:

3.2 Intellectual Property Rights

All content on the platform, including but not limited to text, graphics, logos, images, and software, is the property of Tavendi or its licensors and is protected by copyright and other intellectual property laws. You may not use any content without express written permission from Tavendi.

3.3 User Content

You are solely responsible for any content you post or share on the platform, including but not limited to item listings, descriptions, images, and communications with other users. You represent and warrant that your content is accurate, truthful, and does not violate any third-party rights or applicable laws. By posting content, you grant Tavendi a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to utilize, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content. This enables us to operate and promote the Tavendi platform effectively. Importantly, should your content be selected for promotional use, we will take proactive steps to anonymize it by removing any personally identifiable information to the fullest extent possible, safeguarding your privacy.

3.4 Third-Party Content

The platform may contain links to third-party websites or services. Tavendi is not responsible for the content, privacy practices, or terms of use of these third-party websites or services. You access such third-party websites or services at your own risk.

4. Platform Services

4.1 Listing Items

To list an item on the platform, you must provide accurate and complete information about the item, including its condition, description, pricing, and any relevant details. While Tavendi may offer AI-powered tools to assist with listing creation, you remain solely responsible for the accuracy and legality of your listings and ensuring they comply with all applicable laws and regulations, including those related to the sale of secondhand goods.

4.2 Shipping and Delivery

The seller is solely responsible for arranging and shipping the item to the buyer in accordance with the terms agreed upon between them. Tavendi does not guarantee delivery times, shipping methods, or the condition of the item upon arrival. Any disputes regarding shipping are between the buyer and the seller.

4.3 Returns and Refunds

Return and refund policies are determined solely by the individual seller and may vary significantly from item to item. You are responsible for reviewing the specific return and refund terms and conditions outlined in each listing before making a purchase. Tavendi is not responsible for enforcing seller return policies.

5. Privacy and Data Protection

5.1 Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and protect your personal information.

5.2 Data Collection and Use

We may collect personal information from you, such as your name, email address, phone number, and payment information. We use this information to provide our services, process transactions, and communicate with you.

5.3 Data Security

We implement reasonable security measures to protect your personal information from unauthorized access, use, or disclosure. However, no method of transmission over the Internet or electronic storage is completely secure.

5.4 Data Sharing and Transfer

We may share your personal information with third-party service providers who assist us in operating our platform. We may also share your information if required by law or to protect our rights.

5.5 User Rights and Choices

You have the right to access, correct, or delete your personal information.

6. Disclaimer of Warranties

6.1 No Warranties

The Tavendi platform is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Tavendi makes no warranties or representations about the quality, safety, legality, or authenticity of the secondhand items listed by users on the platform.

6.2 Limitation of Liability

To the fullest extent permitted by law, Tavendi and its affiliates 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 your access to or use of or inability to access or use the platform.

7. Dispute Resolution

7.1 Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Quebec, Canada, without regard to its conflict of law principles, except as otherwise required by mandatory consumer protection laws in your jurisdiction.

7.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms of Use shall be resolved through arbitration in Montreal, Quebec, Canada. To the extent permitted by law, you agree to submit to the exclusive jurisdiction of the courts located in Montreal, Quebec, Canada for the resolution of any such disputes, without prejudice to any mandatory consumer rights and remedies available under the laws of your jurisdiction.

8. Termination

8.1 Termination by User

You may terminate your account at any time by notifying Tavendi in writing or by using the feature on the app and website.

8.2 Termination by Tavendi

Tavendi reserves the right to terminate your account or access to the platform, with or without notice, for any reason, including but not limited to:

9. Miscellaneous

9.1 Entire Agreement

These Terms of Use constitute the entire agreement between you and Tavendi and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, with respect to the platform.

9.2 Indemnification:

You agree to indemnify, defend, and hold harmless Tavendi, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

9.3 Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck from these Terms and the remaining provisions shall remain in full force and effect

9.4 Notices

Any notices or communications required or permitted under these Terms of Use shall be in writing and sent by email or by registered mail.

9.5 Force Majeure

Tavendi shall not be liable for any delay or failure to perform its obligations under these Terms of Use due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, labor disputes, or other similar events.

9.6 Waiver

The failure of either party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision

9.7 Assignment

You may not assign or transfer your rights or obligations under these Terms of Use without Tavendi's prior written consent. Tavendi may assign its rights and obligations under these Terms of Use without your consent.

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