Conditions of Use

1. Acceptance of Terms (Introduction)

 

  • Purpose: Clearly state that by accessing or using the Pooki application, the user agrees to be bound by these Conditions of Use, the Privacy Policy, and any other policies referenced.

  • Key Clause: "By creating an account, accessing, or using the Pooki application, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use the Service."

  • Amendments: Reserve the right to update or change the Terms at any time, with a provision for notifying users of significant changes.

 

2. Multi-Vendor Role and Liability

 

  • Core of the Marketplace: This is crucial. Define Pooki's role as a platform provider that facilitates transactions between independent third-party vendors and customers.

  • Key Clause: State that Pooki is NOT the seller or supplier of the products. The contract of sale is strictly between the Customer and the Vendor.

  • Limited Liability: Explicitly state that Pooki is not responsible for the quality, safety, legality, pricing, or description of products sold by Vendors.

 

3. Account Registration and Security (For Customers and Vendors)

 

  • Registration: Requirements for creating an account (e.g., minimum age, accurate information).

  • User Responsibilities: Users are responsible for maintaining the confidentiality of their password and for all activities that occur under their account.

  • Prohibited Usernames: No using names that are illegal, offensive, or infringe on others' rights (e.g., "Pooki Admin").

 

4. Terms of Sale (Specific to E-commerce)

 

  • Product Descriptions: The vendor, not Pooki, is responsible for the accuracy of product listings (sizing, materials, colors).

  • Pricing and Payment: Outline accepted payment methods, currency, and what happens in case of pricing errors (reserve the right to cancel orders).

  • Shipping and Delivery: State that Vendors are responsible for shipping, delivery times, and packaging, but Pooki may provide tools or integrated services for logistics.

  • Returns, Refunds, and Exchanges: Crucial section. You must specify Pooki's overall policy and note that individual vendors may have their own policies that must align with Pooki's base rules. Clearly state the dispute resolution process (who the customer contacts first: the Vendor or Pooki support).

 

5. Vendor-Specific Obligations (For Sellers on Pooki)

 

  • Product Standards: Require Vendors to comply with all laws regarding the sale of fashion and apparel (e.g., safety standards, labeling).

  • Intellectual Property (IP): Vendors must warrant that they own or have the right to sell all products and that their listings do not infringe on the IP of others (trademarks, copyrights, etc.).

  • Commission/Fees: Reference a separate "Vendor Agreement" or clearly state that Pooki charges a commission/fee for sales, and how payments are processed.

 

6. User-Generated Content (UGC)

 

  • Definition: Cover all content submitted by users (product reviews, comments, photos, forum posts).

  • License: Users grant Pooki a worldwide, royalty-free, perpetual license to use, modify, and display their UGC in connection with the platform's operation (e.g., showing a user's review on a product page).

  • Content Restrictions: Prohibit unlawful, offensive, hateful, or copyrighted content.

 

7. Prohibited Uses and Conduct

 

  • A clear list of unacceptable behavior on the app, such as:

    • Using Pooki for any unlawful purpose.

    • Hacking, scraping, or interfering with the application's operation.

    • Posting malware or viruses.

    • Harassing other users or vendors.

    • Selling counterfeit goods.

 

8. Intellectual Property Rights (Pooki's IP)

 

  • State that the Pooki name, logo, software, design, and all application content (excluding Vendor products) are the sole property of your company.

  • Users are not permitted to copy, reproduce, or use Pooki's IP without express written permission.

 

9. Termination

 

  • Right to Terminate: Reserve the right to suspend or terminate a user's (Customer or Vendor) account and access to the Service at any time, for any or no reason, especially for breach of the Terms.

 

10. Disclaimer of Warranties and Limitation of Liability

 

  • "AS IS" Basis: State that Pooki is provided "as is" and "as available," without any warranties of any kind (e.g., that it will always be error-free or uninterrupted).

  • Liability Cap: Seek to limit your company's financial liability to the fullest extent permitted by law.

 

11. Governing Law and Dispute Resolution

 

  • Specify the state/country laws that will govern the agreement.

  • Outline the process for resolving legal disputes (e.g., mandatory arbitration, court jurisdiction).