This agreement is made between MySouSou Biz Limited, a company duly incorporated under the Companies Act and the Member.
- MySouSou offers an online platform for members to buy and sell goods. MySouSou will facilitate transactions and arrange the delivery of goods at a commission. The actual contract for sale is made between the Seller/Corporate Seller and the Buyer. MySouSou acts as an agent for the Seller and an intermediary. All items are sold as is and where is and without any warranty except where provided by law by a Corporate Seller.
- The Seller/Corporate Seller warrants that he owns and controls and has the right to sell items registered for sale with MySouSou.
- The Seller/Corporate Seller desires that the item be offered for sale on MySouSou’s online platform in accordance with the terms and conditions set forth in this Agreement.
- The Buyer agrees that MySouSou acts only as an agent of the Seller/Corporate Seller.
- This Agreement sets out the Terms and Conditions on which MySouSou offers access to and use of our services. By contracting our services members accept and agree to be bound by the following terms and conditions. These terms and conditions are governed by the Laws of Trinidad and Tobago.
In this agreement the following terms shall have the meaning
- “Online platform” and “website” means the internet website mysousoutt.com
- “Member” means a registered user of the website
- “Buyer” means a member who pays the price for an item on a sale
- “Sale” means the receipt of the price for an item by MySouSou
- “Price” means the price at which an item is offered for sale
- “Delivery” means the handing over of possession of the item to a Buyer consequent upon a sale
- “Seller” means a member who owns items registered for sale with MySouSou and who is not engaged in the sale of such items as a business
- “Corporate Seller” means a member who owns items registered for sale with MySouSou who is engaged in the sale of items as a business
- “Offer for sale” and “Offered for sale” means MySouSou publishing an item for sale by a Seller at a price on its website
- “Item” means the goods which the Seller agrees to offer for sale
- “Commission” means the cost of services offered by MySouSou namely 20% of the price for Sellers and 10% of the price for Corporate Sellers.
- “Membership fee” is the fee charged by MySouSou for use of its website
- “Administration fee” means the rate charged for using the website to offer items for sale
- In consideration of the membership fee payable MySouSou grants the Seller a personal, non-exclusive, non-transferable, non-sublicense, limited privilege to enter and use the website.
- MySouSou reserves the right to change, add or remove portions of this agreement without notice. It is the Member’s responsibility to check the terms and conditions of the agreement each time before using the website. By continuing to use the website after changes are made the Member agrees to such modified agreement, being the latest agreement in force at the time of any transaction.
- The Seller shall register as a member with MySouSou in order to be eligible to sell items. The Seller will provide such information regarding the identity of the Seller and supporting documents as MySouSou may require to complete registration. MySouSou may periodically review the Seller’s registration information and may later request updated or further information regarding the Seller. At any point in time MySouSou may cancel or suspend registration for the Seller’s failure to comply with such requests.
- By using the website, the Seller agrees to not upload to, distribute or otherwise publish to the website any information or material that:
- Violates or infringes the proprietary rights of any person;
- b) Is libelous, threatening, obscene, defamatory, indecent in nature or could give rise to any civil or criminal liability under any law;
- c) Includes any viruses, worms, trojans or other harmful code or properties.
- In using the website, the Seller will be required to select a password and account information. The Seller is solely responsible for protecting the security and confidentiality of this password and identification at all times. The Seller will be responsible for all activities that occur under his/her account and password that may be also assigned to him/her.
Registration of Items for Sale
- Sellers must register the item to be sold with MySouSou. The Seller agrees to provide such information to MySouSou as it may require in respect of the item before the item is offered for sale. MySouSou must agree to the price of the item in order for it to be offered for sale. The Seller acknowledges and agrees that the price of the item(s) to be sold shall be subject to periodic reviews by MySouSou which may require an adjustment. If the Seller and MySouSou do not agree on the price the item will not be offered for sale.
- MySouSou may in its absolute discretion remove an item offered for sale from its website without reason and at any time without notice.
- The Seller is responsible for the supply of information relating to the item including but not limited to its condition, age or length of use and for the accuracy and content of such information. Any representations made regarding the item are those of the Seller and MySouSou will not be responsible for same. MySouSou reserves the right to refuse or accept items which it considers within its discretion to not be of such quality.
- MySouSou shall credit the Seller’s account with all sums due to the Seller after acceptance by the Buyer of the items supplied.
- MySouSou shall deduct its commission and any applicable sales tax and remit the balance due to the Seller. MySouSou reserves the right to set-off any processing, membership or other fees and charges owed in respect of any item.
- Items are sold in the same condition as that in which it was received and MySouSou shall not be under any obligation to alter or remove or tamper with them or any markings or name plates or indications of the source of origin on them or any packaging supplied by the Seller.
- Under no condition will illegal items be offered for sale nor any item that infringes any copyright or other intellectual property laws. No items will be offered for sale for which a license for sale is required by any governmental agency or authority. Without limiting the generality of this term, the following items are not allowed for sale:
- Firearms, ammunition, or dangerous weapons
- Drugs, illegal and or pharmaceutical
- Jewelry exceeding the value of TT$1,500.00
- Chemicals of any kind
- Currency of any kind
Sale and Delivery of Items
- The Seller is responsible for ensuring that the item is appropriately packaged for purchase to ensure acceptability by the Buyer and safe delivery. The Seller agrees to comply with MySouSou’s policies regarding packaging and acknowledges and accepts that compliance with such policy does not absolve the Seller’s duty to ensure items are properly and appropriately packaged for resale and delivery.
- Upon a sale the Seller shall within three (3) days deliver the item to a designed MySouSou agent or make the item available for collection by a courier.
- Where, upon a sale, the Seller makes delivery directly to the Buyer, he must inform MySouSou of the delivery within three (3) days in the manner provided in the website to ensure payment, failure to do so may result in a refund to the Buyer and applicable charges
- Title in the item remains with the Seller until a sale and delivery occurs.
- In the event of collection by courier, the Seller authorizes MySouSou to engage a courier as an agent of the Seller and in the event that any items being transmitted by a courier is lost and or damaged, MySouSou will only be liable to refund to the Seller such amount as it receives in compensation by the courier on the Seller’s behalf. All risks during and up to the point of delivery shall be that of the Seller.
- Upon delivery to the Buyer, the sale is complete and MySouSou will promptly credit the Seller’s account with the purchase price, less commission.
- MySouSou, its servants and or agents, reserve the right to refuse to accept any items in its sole discretion and without reason.
- The Seller agrees and authorizes MySouSou to sell items offered for sale at the price and collect the sales proceeds on his/her behalf.
- If for any reason the Buyer refuses to accept the item, the dispute resolution terms below will take effect.
- MySouSou may cancelany transaction prior to delivery if any transaction is deemed illegal or unsafe, is against the terms and conditions of this agreement, if it is unable to contact a member prior to delivery, if a member violates any of the terms and conditions and for displaying behavior that may be of risk to MySouSou its servants and or agents. If an online payment was placed prior to cancelation, a FULL refund would be issued at point of cancelation. If the cancelation was due to the fault of a member, the costs incurred by MySouSou will be charged to his account.
Title, Sale and Returns
- The Seller warrants that he has a good title to the item, free from all encumbrances.
- Title to and ownership of the item will remain with the Seller until a sale and delivery occurs.
- The Buyer agrees that the item is purchased from the Seller with MySouSou merely acting as the Seller’s agent for the sale and, where applicable, the delivery of the item.
- The Buyer agrees that items are sold without any express or implied warranty on the part of MySouSou and or the Seller.
- MySouSou will only make a refund on a sale to the Buyer where, owing to the fault of the Seller or MySouSou, the item has not been delivered or is damaged and the Buyer notifies MySouSou at the time of delivery in the manner provided and in accordance with MySouSou’s published policy on returns. MySouSou will not be liable to make any refunds for any other reason and or where the Buyer has failed to notify it in accordance with this term.
- The Buyer agrees that prior to accepting delivery of the item he has had an opportunity to inspect the item and by accepting delivery of the item the sale is final and complete. MySouSou and/or the Seller will not be obliged to make any refunds or entertain any claims thereafter.
- In the event that the Buyer fails and or refuses to accept delivery of the item he must sign the appropriate form, in accordance with MySouSou’s policy on returns and immediately notify MySouSou of the reason for not accepting delivery. MySouSou will notify the Seller of the reason for non-acceptance and will in its absolute discretion decide whether to refund the Buyer. In the event of a dispute, the Buyer and Seller agree to resolve same by Arbitration in accordance with the Arbitration Act.
- Where MySouSou makes a refund to a Buyer, it may charge the account of the Seller with the applicable fees on returns in addition to the costs associated with the sale.
- MySouSou may terminate this agreement at any time and reserves the right to refuse service, delivery, terminate accounts and cancel rights granted under this agreement and/or cancel orders or portions thereof in its discretion, including without limitation, if MySouSou determines that any user violates applicable law, breaches this agreement and or acts in a manner harmful to the interests of MySouSou.
- Upon termination, as aforesaid, any unpaid sales proceeds will be remitted to the member after set-off of any commission and without any refund of memberships or administration fees.
Warranty (Non-Corporate Sellers) and Liability
- The Seller hereby warrants and represents that they possess good and marketable title to each item offered for sale and has the right to consign and sell the item(s), none of which is subject to any liens or other encumbrances and further warrants and represents that the item(s) does not infringe upon or violate any third party’s Intellectual Property Rights i.e. copyrights, trademarks, patents or other proprietary right.
- The Seller agrees to indemnify and keep indemnified MySouSou from and against any and all actions, claims, loss, damage or expenses and legal fees and costs to third party property arising out of the services provided by this agreement including from:
- Any act, neglect or default of the Seller or its agents, employees, licensees or customers
- The proven infringement of any intellectual property rights of any third party
- Any successful claim by any third-party alleging libel or slander in respect of any matter arising from the conduct of business in Trinidad and Tobago.
- Unless otherwise expressed within this agreement, the maximum liability of MySouSou to the Seller for any damages (regardless of reason therefore) shall not exceed the annual membership fee actually paid to MySouSou during the year in which the event that gave rise to liability occurs.
- The Seller agrees that any information, images, descriptions and product names uploaded via our website through a seller’s account is owned and operated by MySouSou which may use it on its website and or any affiliated social media account of MySouSou.
- The services offered by MySouSou on its website are offered for informational purposes only and MySouSou accepts no liability for accuracy, usefulness or availability of information transmitted or made available by us and as such accepts no liability for any errors or omissions in the transmission of said information.
- Both parties will be released from their respective obligations in the event of any cause beyond the reasonable control of the parties rendering performance of the Agreement impossible.
Warranty (Corporate Sellers)
- The terms in and conditions contained in this agreement relative to the obligations of the Seller shall apply to a Corporate Seller in addition to clause 58 below.
- Where a Buyer refuses to take delivery of an item offered for sale by a Corporate Seller and, or having taken delivery of same and thereafter, makes a claim for breach of any warranty by the Corporate Seller, whether implied by law or expressly made by the Corporate Seller, the Corporate Seller agrees to indemnify MySouSou its servants and or agents from any such claim and agrees and consents to MySouSou disclosing to the Buyer the registered name and address of the Corporate Seller for the purpose of the Buyer pursuing his claim.
- Any notice required to be given by any of the parties under this Agreement shall be done by electronic mail and applies from the date of delivery of same.
- Any policies and guidelines published on the website are made part of this agreement to the same extent and with the same force as if they were set out fully herein.