Last updated: January 2, 2025
Welcome to Spendilly! These Terms of Service (“Terms”) govern your use of our website, mobile app, and online marketplace platform (collectively, the “Platform”), operated by Spendilly (“we,” “us,” or “our”).
By accessing or using the Platform, you (“you” or “User”) agree to these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not use the Platform.
1. Overview of Spendilly’s Role
1.1 Marketplace Platform:
Spendilly provides an online marketplace where independent vendors (“Vendors”) sell their products directly to consumers.
1.2 Not a Seller:
Spendilly is not a party to transactions between Users and Vendors. Spendilly does not manufacture, ship, or inspect products listed on the Platform.
1.3 Vendor Responsibilities:
Vendors are responsible for:
- Listing accurate product information.
- Delivering purchased items in a timely manner.
- Handling returns, refunds, and disputes with Users.
1.4 Spendilly’s Responsibilities:
Spendilly is responsible for:
- Facilitating payments securely through our third-party payment processor.
- Maintaining the Platform’s functionality.
- Enforcing Platform policies to ensure a fair and safe marketplace.
2. User Responsibilities
2.1 Account Registration:
To make purchases on Spendilly, you may be required to create an account. You agree to:
- Provide accurate and complete information.
- Safeguard your login credentials.
- Notify Spendilly of any unauthorized access or security breaches.
2.2 Prohibited Actions:
You may not use the Platform to:
- Engage in fraudulent or illegal activity.
- Harass or threaten Vendors or other Users.
- Circumvent Platform policies or systems.
2.3 Accuracy of Information:
You are responsible for reviewing product descriptions, specifications, and policies (including return/refund policies) before making a purchase.
3. Transactions and Payments
3.1 Payments:
- All payments are processed securely through Spendilly’s third-party payment processor (Stripe).
- Payment information is handled in accordance with our Privacy Policy.
3.2 Transaction Responsibility:
- Spendilly acts as a facilitator of payments.
- You acknowledge that purchases are transactions directly between you and the Vendor.
3.3 Order Issues:
If there is an issue with your order, you must contact the Vendor directly for resolution. Spendilly may intervene if the Vendor fails to comply with Platform policies.
4. Shipping and Delivery
4.1 Vendor Responsibilities:
- Vendors are responsible for accurately describing shipping timelines and costs.
- Vendors must ensure timely delivery of purchased items.
4.2 User Responsibilities:
- Users are responsible for providing accurate shipping information.
- Spendilly is not liable for delivery delays or errors caused by inaccurate shipping details provided by the User.
4.3 Disputes:
- If a product is not delivered or does not meet the listing description, you should contact the Vendor first. Spendilly may assist in resolving disputes at its discretion.
5. Returns and Refunds
5.1 Vendor Policies:
- Vendors are required to set and display clear return and refund policies.
- Users must comply with the Vendor’s policies when requesting returns or refunds.
5.2 Spendilly’s Role:
- Spendilly is not responsible for issuing refunds or processing returns.
- Spendilly may review disputes if a Vendor fails to honor their stated policies or violates Platform rules.
6. Disclaimer of Warranties
6.1 No Guarantees:
Spendilly provides the Platform on an “as is” and “as available” basis. We do not guarantee:
- The quality, safety, legality, or authenticity of products listed on the Platform.
- The accuracy or reliability of Vendor-provided information.
6.2 Third-Party Interactions:
Spendilly is not responsible for interactions, disputes, or issues arising between Users and Vendors.
7. Limitation of Liability
7.1 Spendilly’s Liability:
To the fullest extent permitted by law, Spendilly is not liable for:
- Indirect, incidental, or consequential damages.
- Loss of data, revenue, or profits arising from Platform use.
7.2 Force Majeure:
Spendilly is not liable for delays or failures caused by events beyond our control, including but not limited to natural disasters, internet outages, or government actions.
8. Indemnification
You agree to indemnify and hold Spendilly, its affiliates, officers, employees, and agents harmless from any claims, damages, or expenses arising from:
- Your violation of these Terms.
- Disputes between you and a Vendor.
- Your misuse of the Platform.
9. Dispute Resolution
9.1 Vendor Disputes:
All disputes regarding products, shipping, or refunds should first be addressed directly with the Vendor.
9.2 Platform Disputes:
Any disputes involving Spendilly will be resolved through binding arbitration under the rules of the American Arbitration Association, conducted in Temecula, CA.
10. Prohibited Activities
Users may not:
- Use the Platform for unlawful purposes.
- Post false or defamatory reviews.
- Attempt to bypass Spendilly’s payment or review systems.
11. Modification of Terms
Spendilly reserves the right to update these Terms. Changes will be posted on the Platform, and continued use constitutes acceptance of the updated Terms.
12. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
13. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spendilly.
