Terms of Service
LAST UPDATED: November 9, 2017
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH F.O.F-TECHNOLOGIES LLC. BY ACCESSING OR USING THE KAMPUS BUYBACK APPLICATION, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE (“TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE KAMPUS BUYBACK APPLICATION.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON.
These Terms apply to your access to and use of the Kampus BuyBack Service provided by F.O.F.-Technologies llc. (“Kampus BuyBack,” “we” and “us”). Additional terms (including, but not limited to, the terms of social media services and third-party payment processors) may apply to particular functionalities and features related to the Kampus BuyBack Service.
Users have to register to use most of the features. Registration is free of charge for users. The use of the Kampus BuyBack service is permitted for individuals over the age of 18 years, who are viable to entering a legally binding contract. Furthermore, users between the age of 14 and 18 years are allowed to enter contracts whereby the approval of the respective parent or legal guardian has been given. By registering, the user confirms that he/she has reached the age of 18 years or is between the age of 14 and 18 years and has received approval for the unlimited use from their parent or legal guardian. The specified profile data must be correct, complete and must continuously be kept up-to-date. Multiple registrations are not permitted.
Commercial use is strictly forbidden
You further represent and warrant that you: (a) have not previously been suspended or removed from using the Kampus BuyBack Service; (b may enter into this agreement without violating any other agreement to which you are a party.
2. Account Registration and Security Responsibilities
In order to access certain parts of the Kampus BuyBack Service, you may be required to create an Kampus BuyBack account (an “Account”). In connection with creating an Account, you must provide certain information (“Registration Data”) and answer all questions or fields marked “required.” You agree to: (a) provide true, accurate, current and complete Registration Data; (b) maintain and update such Registration Data to keep it true, accurate, current and complete; (c) maintain the security of your account
3. Purchases From Other Users.
A. Cash and Other Payments Determined by Users.
A Buyer may not use any other form of payment than the system within the application.
B. Kampus BuyBack Payment Solution.
Kampus BuyBack has integrated with Stripe, a payment processing service, to allow sellers to accept certain Electronic Payment Methods from buyers using Stripe’s payment processing services (“Kampus BuyBack Payment Solution”). Buyers who wish to use the Kampus BuyBack Payment Solution must register an Electronic Payment Method with Kampus BuyBack. Kampus BuyBack, in its sole discretion, may from time to time impose limits on your ability to make and/or receive payments through the Kampus BuyBack Payment Solution. Additionally, Stripe may impose its own limits and limitations on a seller’s use of the Kampus BuyBack Payment Solution.
i. Buyers. As with any purchases made using cash, all purchases made using the Kampus BuyBack Payment Solution are made directly between the Buyer and the Seller when they meet in person to complete their purchase and sale transaction, pursuant to the terms they determine. When you initiate a payment through the Kampus BuyBack Payment Solution, the seller processes your Electronic Payment Method using Stripe’s payment processing service. Kampus BuyBack is not a party to purchase and sale transactions completed using the Kampus BuyBack Payment Solution, and does not facilitate such transactions, refunds or returns in any manner, except to provide an interface through which you can provide your Electronic Payment Method to Stripe to process on behalf of the Seller.
ii. Sellers. By using the Kampus BuyBack Payment Solution to accept Electronic Payment Methods, you are entering into an agreement with Stripe subject to the terms of the “Stripe Services Agreement”. Notwithstanding anything to the contrary in the Stripe Services Agreement, you will not have the right to have Stripe, and will not request that Stripe, transfer any buyer data Stripe collects via the Kampus BuyBack Payment Solution to an alternative payment processor. Except for the foregoing restriction that supersedes any rights you may have in the Stripe Services Agreement, the Stripe Services Agreement is separate from these Terms. Kampus BuyBack is not a party to the Stripe Services Agreement and will not be liable or responsible for the payment services provided by Stripe. If Stripe discontinues providing services in connection with the Kampus BuyBack Payment Solution, you authorize Stripe to share your payment method information with an alternative third-party payment processor that is or will be integrated into the Kampus BuyBack Payment Solution.
iii. Seller Fees. You agree to pay the service fees (“Service Fees”) for the sales transactions you make using the Kampus BuyBack Payment Solution. The Service Fees include Electronic Payment Method processing fees to Stripe (3,4%+30cents of the transaction) and service fees to Kampus BuyBack (6,5%). Kampus BuyBack reserves the right to change the Service Fees from time to time.
iv. Receiving Sales Proceeds. Upon completion of a sale in which the buyer uses the Kampus BuyBack Payment Solution, if you have not previously set up a Stripe Account, then you must set up a Stripe Account in accordance with the requirements specified by Stripe to receive the payment via the Kampus BuyBack Payment Solution. STRIPE MUST ACCEPT YOUR APPLICATION TO USE THE KAMPUS BUYBACK PAYMENT SOLUTION BEFORE YOU CAN RECEIVE SALES PROCEEDS VIA THE KAMPUS BUYBACK PAYMENT SOLUTION. IF STRIPE REJECTS YOUR APPLICATION OR YOU FAIL TO SET UP A STRIPE ACCOUNT WITHIN 90 DAYS AFTER COMPLETION OF A SALE PROCESSED BY STRIPE THROUGH THE KAMPUS BUYBACK PAYMENT SOLUTION, THEN STRIPE MAY DISABLE OR LIMIT YOUR ABILITY TO RECEIVE SALES PROCEEDS VIA THE KAMPUS BUYBACK PAYMENT SOLUTION.
v. Acceptable Use Violations. YOUR RIGHT AND/OR ABILITY TO RECEIVE SALES PROCEEDS VIA THE KAMPUS BUYBACK PAYMENT SOLUTION MAY BE REVOKED, DISABLED OR LIMITED IF THE SALE VIOLATES SECTION 5 (ACCEPTABLE USE) OF THESE TERMS, INCLUDING FOR SALES THAT VIOLATE THE PROHIBITED ITEMS GUIDELINES.
vi. Transactions Final., ALL PURCHASES ARE FINAL, AND THERE ARE NO REFUNDS, UNLESS YOU AND THE SELLER OTHERWISE AGREE AND MAKE ARRANGEMENTS FOR A REFUND. Kampus BuyBack will not be responsible for facilitating refunds.
vii. Taxes. It is your responsibility to determine what, if any, taxes apply to each transaction you complete via the Kampus BuyBack Service, including, for example, sales, use, value added, and similar taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. Kampus BuyBack is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from any transaction you complete via the Kampus BuyBack Service.
We reserve the right to grant and revoke Badges for you or any other user at any time and without any liability to us.
viii. Cancellation Policy For Subscription Services. TO CANCEL ANY SUBSCRIPTION SERVICE, YOU MUST CONTACT US THROUGH OUR HELP CENTER VIA OUR MOBILE APP OR WEBSITE (WWW. KAMPUSBUYBACK.COM) AND FOLLOW THE INSTRUCTIONS IN THE EMAIL WE SEND YOU IN RESPONSE TO YOUR CANCELLATION REQUEST. YOU MUST CANCEL A SUBSCRIPTION SERVICE BEFORE THE START OF THE NEXT BILLING PERIOD IN ORDER TO AVOID CHARGES FOR THE NEXT BILLING PERIOD’S FEES. FOLLOWING ANY CANCELLATION, YOU WILL CONTINUE TO HAVE ACCESS TO THE SUBSCRIPTION SERVICES (SUBJECT TO THESE TERMS) THROUGH THE END OF YOUR CURRENT BILLING PERIOD.
ix. Price Changes. KAMPUS BUYBACK RESERVES THE RIGHT TO MODIFY THE FEES FOR ANY PAID SERVICES, INCLUDING ANY SUBSCRIPTION SERVICES, FROM TIME TO TIME IN ITS SOLE DISCRETION. FOR SUBSCRIPTION SERVICES, PRICE CHANGES WILL APPLY TO THE NEXT BILLING PERIOD.
x. Taxes. You are responsible for any sales, duty or other governmental taxes or fees due with respect to your purchase of Paid Services. We will collect applicable sales tax if we determine that we have a duty to collect sales tax, and will provide notice of such taxes at the time you place your order.
xi. No Refunds. Unless expressly agreed upon by Kampus BuyBack, all sales of Paid Services (including any Subscription Services) are final and there are no refunds. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION SERVICES PERIODS.
xii. Errors. In the event of an error in connection with the pricing or charging of Paid Services, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any such error within 120 days of the date of the billing statement in which such error first appeared.
4. Discontinuance of the Kampus BuyBack Service
Kampus BuyBack may, in its sole discretion and without liability to you, modify, discontinue, terminate, suspend or shut-down (temporarily or permanently) all or any portion of the Kampus BuyBack Service at any time, without prior notice. Upon any such action by Kampus BuyBack, you must immediately stop using the Kampus BuyBack Service. You may also cancel your Account at any time.
5. Acceptable Use
When accessing or using the Kampus BuyBack Service, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:
- Engage in any unauthorized use of the Kampus BuyBack Service (including, without limitation, political campaigning, advertising, or marketing);
- Transmit or otherwise make available any content that: (1) you do not have the right to provide or transmit using the Kampus BuyBack Service, (2) may expose Kampus BuyBack or its affiliates, licensors, or users to any harm or liability, or (3) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, unlawful, untrue, or otherwise objectionable;
- Upload to, transmit, distribute, store, create, or otherwise sell or offer for sale anything that violates our Terms;
- Transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Originate, send, deliver, relay or otherwise transmit unsolicited commercial email or other messages through the Kampus BuyBack Service;
- Copy any portion of the Kampus BuyBack Service or any underlying content or source code;
- Reverse engineer, disassemble or decompile any portion of the Kampus BuyBack Service or otherwise attempt to discover or re-create the source code to any software;
- Distribute the software or source code behind the Kampus BuyBack Service to any third party;
- Make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Kampus BuyBack Service;
- Remove, alter, or obscure any copyright or other proprietary notices of Kampus BuyBack or its affiliates or licensors in any portion of the Kampus BuyBack Service;
- Use any type of automated means, including without limitation any harvesting bot, robot, spider, script, crawler, scraper or other automated means or interface not provided by Kampus BuyBack, to utilize the Kampus BuyBack Service or to collect or extract data;
- Attempt to probe, test, hack, or otherwise circumvent any security measures;
- Violate any requirements, policies, procedures or regulations of any network connected to the Kampus BuyBack Service;
- Use the Kampus BuyBack Service in any manner that could damage, disable, overburden, or otherwise impair the Kampus BuyBack Service;
- Interfere with or disrupt the use and enjoyment by others of the Kampus BuyBack Service, including without limitation attempting, in any manner, to obtain the password, account, or other security information of any other user;
- Falsely state, impersonate, or otherwise misrepresent your identity;
- Provide false information during Account creation, or otherwise provide false, inaccurate or misleading information;
- Reveal any information, personal or otherwise, that can be used to identify or contact you or anyone outside of the Kampus BuyBack platform.
- Create more than one Account or create an Account on behalf of anyone other than yourself without permission;
- Use or attempt to use another user’s Account without authorization;
- Attempt to pay for an item using the Kampus BuyBack Payment Solution with an Electronic Payment Method that you either do not own or are not validly authorized to use;
- Use the Kampus BuyBack Service in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
- Use the Kampus BuyBack Service in any manner that exposes Kampus BuyBack to any harm or liability of any nature;
- Use the Kampus BuyBack Service to infringe or violate the intellectual property rights or any other rights of anyone else (including Kampus BuyBack);
- Use the Kampus BuyBack Service to engage in any illegal or unauthorized purpose or to engage in, encourage, or promote activities that are unlawful, misleading, malicious or discriminatory, including, but not limited to violations of these Terms, illegal gambling, fraud, money-laundering, or terrorist activities;
- Transfer any rights granted to you under these Terms;
- Encourage or induce any third party to engage in any of the activities prohibited under this section.
If you violate any of the foregoing, Kampus BuyBack reserves the right to suspend or terminate your right to access and use the Kampus BuyBack Service immediately without notice, and you will have infringed Kampus BuyBack’s intellectual property and other rights, which may subject you to prosecution and damages. Kampus BuyBack also reserves the right to take any remedies it deems appropriate under the circumstances if you have purchased or sold items that are in violation of this.
Kampus BuyBack reserves the right at all times to monitor, review, retain and disclose any information regarding your use of the Kampus BuyBack Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. You also acknowledge and agree that Kampus BuyBack is not responsible or liable for the conduct of, or your interactions with, any users of the Kampus BuyBack Service (whether online or offline). Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Kampus BuyBack Service will not contain any content that is prohibited by these Terms.
The displays of items offered for sale (in the following called "classified ads") include information about the user who is offering this item (hereinafter referred to as “Seller”), user uploaded images of the item, a description of the item provided by the user, the approximate location of the item, as well as a purchase price proposal of the seller.
Other users can view classified ads purchase the item, a binding sales contract concerning the item in the classified ad is concluded - one party accepts and the other confirms. The buyer is obliged to pay the purchase price and to pick up the item from the seller. The seller is obliged to sell the item shown and described in the classified ad.
Offers cannot be cancelled. If the buyer does not respond to 3 different contact attempts by the seller on 3 different occasions within 7 days of the purchase. The buyer will then get a demerit. After 3 buyer demerits the person will be banned from the service. If the seller does not respond to 3 different contact attempts on 3 different occasions within 7 days of the purchase. The seller will then get a demerit. After 2 seller demerits the person will be banned from the service.
Kampus BuyBack points out that the sales contracts in regards to classified ads constitute contracts between the users themselves. Kampus BuyBack does not offer any items, does not submit any bids, does not receive any bids and does not accept any offers in regards of the items in the classified ads. Kampus BuyBack is not a party partaking in the sales contracts concluded, which are closed exclusively between the users of this marketplace. Furthermore, the fulfilment of these sales contracts concluded via the platform of Kampus BuyBack is exclusively carried out among users.
Kampus BuyBack is not obliged to verify the transmitted or stored information or to actively search for circumstances which may indicate illegal activity.
You agree that Kampus BuyBack may moderate access to and use of the Kampus BuyBack Service in our sole discretion through any means (including, for example, blocking, filtering, deletion, delay, omission, verification, and/or termination of your access. Furthermore, we have the right to remove any posting you make on the Kampus BuyBack Service if, in our opinion, your post does not comply with the content standards set out in Sections 4 and 5 above, and any other Kampus BuyBack Service rules, including without limitation the . You agree not to bypass or attempt to bypass such moderation. You further agree that Kampus BuyBack is not liable for moderating, not moderating or making any representations regarding moderating.
8. Limitation of Liability
Kampus BuyBack cannot be held liable for the correctness of the information or the images shown in the classified ads or the comments of the users or the contractual commitment of users or the flawlessness of the purchased item.
Kampus BuyBack is not liable for any damage caused by errors, delays or interruptions in the transmission, malfunctions of the technical systems, loss or deletion of data, viruses or any other damage which can occur during the use of Kampus BuyBack, unless they are caused intentionally or grossly negligently by Kampus BuyBack or the damage concerns the injury of life, body or health. Kampus BuyBack is liable only for the amount which corresponding with contract-typical foreseeable damages. There is no liability for loss of profits, savings, damage from claims of third parties, and for other direct and indirect consequential damage.
The foregoing limitations of liability include claims against employees or representatives of Kampus BuyBack as well as the licensors of Kampus BuyBack and their licensors or the licensees of Kampus BuyBack and their licensees. Kampus BuyBack services might be subject to an underlying licensing agreement. The liability of the licensor is determined by the respective licensing agreement.
Moreover, the Kampus BuyBack is not liable for the content, accuracy, legality and functionality of third party internet pages, which reference from or to the platform of Kampus BuyBack via a link.
The Kampus BuyBack services are only accessible for the user with an active Internet connection. The Operator neither assumes responsibility that the Kampus BuyBack services are continuously usable and/or accessible, nor is Kampus BuyBack liable for technical transmission delays or failures. Kampus BuyBack excludes any warranty for the functionality of the Kampus BuyBack services. Kampus BuyBack is not liable for the unauthorized knowledge attainment of personal user data by third parties such as hackers.
9. Data protection
10. Violations of the Terms
In case a user receives a definite block (restriction) from the Kampus BuyBack services, all purchased premium features forfeit without compensation. For a temporary block the right to use the premium features will not be extended by the period of the exclusion. These services also forfeit without compensation.
If a temporary blocked classified ad will be blocked definitely, all premium features purchased and/or used for this ad will forfeit without compensation. For a temporary block of a classified ad the right to use the purchased and/or used premium features for this classified ad will not be extended by the period of the block. These services also forfeit without compensation.
The enforcement of any other claims, especially for damage compensation, remains expressly reserved for Kampus BuyBack.