We recommend reading our Terms & Conditions thoroughly before using Rated.
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions (these “Terms”) on which we supply services to you via our ‘Rated’ app (collectively “Our App”). By accessing, browsing or otherwise using Our App by any means and via whatever device or registering your details with us, you agree to abide by the terms and conditions of these Terms.
1.2 How you can get Our App. Rated can be used by downloading the app free of charge from the Apple App store or via our website.
1.3 Why you should read them. Please read these Terms carefully before you use Our App or submit any order via Our App. If you think that there is a mistake in these Terms, please contact us to discuss and do not use Our App.
1.4 Changes to these Terms. We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 15 days notice of any change by sending you an e-mail or a PUSH NOTIFICATION with details of the change or notifying you of a change when you next start Our App. If you do not accept the notified changes you will not be permitted to continue to use Our App.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Post Kulture Limited, a company registered in England and Wales. Our company registration number is 08618531 and our registered office is 86 - 90 Paul Street, Shoreditch, London, England, EC2A 4NE. Our brand name is ‘Rated’.
2.2 How to contact us. You can contact us by emailing our customer service team at email@example.com or writing to us at 86 - 90 Paul Street, Shoreditch, London, England, EC2A 4NE.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us or by way of Push Notification.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails and Push Notification.
3.1 Licence. We licence you to use:
(a) the ‘Rated’ mobile application software, the data supplied with Our App and any updates or supplements to it;
(b) any related online or electronic documentation (“Documentation”); and
(c) the service you connect to via Our App and the content we provide to you through Our App (“Services”),
as permitted in these Terms.
3.2 App store's terms may also apply. The ways in which you can use Our App and Documentation may also be controlled by the rules and policies of the app store where you downloaded Our App so you should carefully review those terms.
4. OPERATING SYSTEM REQUIREMENTS
4.1 Operating system requirements. Our App requires a mobile telephone or handheld device with a minimum of [32GB] of memory and the current version of the iOS operating system.
5. HOW YOU MAY USE OUR APP
5.1 How you may use Our App. In return for your agreeing to comply with these Terms you may:
(a) download a copy of Our App onto your phones or devices and view, use and display Our App and the Services on such devices for the purposes stated in these Terms;
(b) use any Documentation to support your permitted use of Our App and the Services; and
(c) receive and use any free supplementary software code or updates of Our App incorporating patches and corrections of errors as we may provide to you.
5.2 You may not transfer Our App to anyone else. We are giving you personally the right to use Our App and the Services as set out in these Terms. You may not transfer Our App or any Services to someone else, whether for money, for anything else or for free. If you sell any device on which Our App is installed, you must first remove Our App from it.
5.3 If someone else owns the phone or device you are owning. If you downloaded Our App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own such phone or other device.
6. UPDATES TO OUR APP AND CHANGES TO THE SERVICES
6.1 Updates to Our App and changes to the Services. From time to time, we may automatically update Our App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update Our App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using Our App and the Services. Our App will always work with the current version of your devices operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
7. YOUR ACCOUNT
7.1 User account. You will be required to set up an account with us (a “User Account”) if you wish to use Our App and access the full features of Our App and To obtain a User Account, you are required to complete a registration process. You hereby represent to us that all information submitted to us during the registration process is accurate and true and you undertake to keep your registration information up to date.
7.2 Children. You must be at least 13 years old to use Our App but only with the involvement of a parent or guardian up until you are aged 18 at which point you can access Our App without supervision.
7.3 Responsibility for your User Account. You are responsible for maintaining the confidentiality of your User Account and password and for restricting access to your system and User Account. This includes keeping your User Account details secret such as your User Account ID and password and not allowing other users to use your User Account. In some cases, a one-time password (OTP) will be sent to your registered phone or e-mail address to access Our App. You agree to notify us immediately if you have any reason to believe the security of your User Account has been compromised, including if you believe that your password has become known to anyone else or if your password is being, or is likely to be, used in an unauthorised manner. You must log off each time at the end of the session. We shall bear no liability for any harm, loss or damage resulting from your failure to comply with the requirements of these Terms.
7.4 App permissions. You agree to allow Our App to access the following services on your phone or device: Camera, Location, Microphone, Storage & Telephone. If you do not enable these services, you may not be able to use Our App or the Services. If, after allowing Our App access to such services, you wish to revoke such access, and you are not able to do so within Our App, then you will need to delete Our App from your phone or device and no longer use Our App or the Services.
7.5 Fees. Purchases via Our App are subject to:
(a) the payment by the Rated User of a Rated Commission (as defined in Clause 9.5 below); and
(b) the payment by the Rated User of a Transaction Safe Guard Fee (as defined in Clause 9.5 below).
7.6 E-wallet. If you are a Rated User or a Curator (each as defined in Clause 8 below), your User Account shall also include access to a digital e-wallet that will allow such users to store funds, make transactions and track payment histories for all transactions on Our App and withdraw funds (an “E-Wallet”). E-Wallets are integrated with the Stripe payment gateway system, see more details here, and which are subject to these terms and conditions which each Rated User and each Curator (as the case may be) is deemed to have accepted by using Our App.
7.7 Responsibility for purchases. You are responsible for all use of your User Account, including all purchases and online conduct (except where such use is directly due to our error) including if you are the parent or guardian of a user under the age of 18. You may be liable for unauthorised usage of your User Account because of failing to keep your information secure. If you believe you have been a victim of crime in relation to Our App (including any fraudulent activity on your User Account) you should immediately contact us.
7.8 Content. You may only access Our App and use the Services including making posts on Our App’s which may consist of text, pictures or videos and/or posting text review(s) so long as you do not post anything that is:
(a) infringing of intellectual property rights such as using copyrighted music, images or videos without permission; or
(b) is illegal, obscene, abusive, threatening, defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups; or
(c) is contrary to public order and/or good moral standards and/or applicable laws and/or regulations; or
(d) is otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
As a user of Our App you are responsible for any content that you post to Our App including its legality, reliability, and appropriateness. You represent and warrant that such content is yours, you have the right to use it, and that the posting of the content on or through Our App or the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
7.9 Closure or suspension of your User Account. You acknowledge and agree that we shall be entitled to terminate or suspend your User Account at our sole discretion without any notice to you in the event of your breach of these Terms or without any reason. You understand that termination of your User Account may lead to blocking, deletion and limitation of your access to content, materials, information and files uploaded, shared, submitted and made available in association with your User Account, as well as access to some or all of the Services.
Our Users: There are 2 user types who can access Our App as set out below:
(a) Curators: A ‘Curator’ is a user who will post content to Our App including Affiliate Marketing Links (as defined in Clause 9.1 below) to products and/or services for sale from a 3rd Party Brand (as defined in Clause 9.1 below) or to sell their own 2nd Hand Items (as defined in Clause 9.1 below) via the Marketplace (as defined in Clause 9.1 below). Curators will be individuals who will post content in their personal capacity and not in connection with their trade, business, craft or profession.
(b) Rated Users: A ‘Rated User’ is a user who will view content on Our App and who may click Affiliate Marketing Links or purchase 2nd Hand Item(s) via the Marketplace.
These Terms may operate differently depending on what type of user you, in which case that will be stated in these Terms.
9. THE SERVICES
9.1 Affiliate Marketing Links, 3rd Party Brands and Marketplace. We do not sell any products on Our App, instead:
(a) Curators may sell their own second-hand or unused clothing and/or fashion accessories (“2nd Hand Items”) via the ‘Marketplace’ section of Our App which is a virtual exchange forum for the listing of items for sale that can be purchased by a Rated User (the “Marketplace”).
(b) Curators may post links (each an “Affiliate Marketing Link”) promoting the products and/or services of 3rd party brands (each a “3rd Party Brand”) in return for a commission from the clicks or sales they generate from such promotions which will be shared between us and the Curator as set out in Clause 9.6 below.
9.2 Items for sale on Our App. Curators must ensure that any descriptions of 2nd Hand Items or products and/or services of a 3rd Party Brand (as the case may be) must be detailed, accurate and honest and not misleading in any way and such 2nd Hand Items or products and/or services of a 3rd Party Brand (as the case may be) must not be stolen or counterfeit (if applicable) or in any way violate any laws in the United Kingdom.
9.3 Our role. Our role is simply to provide and operate Our App to allow Curators to provide services and sell their 2nd Hand Items and post Affiliate Marketing Links (as the case may be) and to act as a service provider to facilitate any transaction between a Rated User and such Curators. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any Curator or any content they post or anything they are selling via Our App. We do not assume any responsibility or liability for the actions and content of any Curator or any 3rd Party Brand, or for any 2nd Hand Item or for any product and/or service of a 3rd Party Brand. We are neither the buyer nor the seller of any 2nd Hand Item or any product and/or service of a 3rd Party Brand listed in Our App and there is no contract formed between us for the sale or purchase of anything, only between the respective Rated User and the respective Curator or between the respective Rated User and the respective 3rd Party Brand, therefore we assume no responsibility out of or in connection with any such contract and we do not act as any party’s agent in any such contract. If there is a dispute with a Curator or a 3rd Party Brand, the respective Rated User understands and agrees that we are under no obligation to become involved unless as set out in Clause 9.5 below. If a Rated User has a dispute with a Curator or a 3rd Party Brand, such Rated User hereby releases us, our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or Our App and the Services.
9.4 2nd Hand Items and products of a 3rd Party Brand. The images of 2nd Hand Items and products of a 3rd Party Brand on Our App are for illustrative purposes only. Although we and the Curators take reasonable care to display 2nd Hand Items and products of a 3rd Party Brand (as the case may be) accurately, there may be small discrepancies in the size and colour of the 2nd Hand Items and products of a 3rd Party Brand (as the case may be). The packaging of any 2nd Hand Item and products of a 3rd Party Brand (as the case may be) may vary from that shown in images on Our App. In the case of any product of a 3rd Party Brand made to a Rated User’s special requirements, it is the Rated User’s responsibility to ensure that any information or specification provided is accurate. All 2nd Hand Items and products and/or services of a 3rd Party Brand are subject to availability. Prices and charges listed in Our App include VAT where applicable. All payments by a Rated User for 2nd Hand Items are to be made directly by way of the Stripe payment gateway system and are subject to these terms and conditions which each Rated User and each Curator is deemed to have accepted by using Our App, and with such payments to include the Rated Commission and the Transaction Safe Guard Fee as each are specified further in Clause 9.5 below.
9.5 Buying process: When purchasing 2nd Hand Item(s), the check-out page of Our App will show the 2nd Hand Items that have been selected for purchase by the respective Rated User and will state the respective purchase price(s) together with the rated buyer’s commission of 4.5% of the total of the (1) purchase price and (2) shipping price for all 2nd Hand Item(s) selected for purchase (“Rated Commission”) and a platform fee of 30p (“Transaction Safe Guard Fee”) which, cumulatively, will be the total that the Rated User will pay to purchase the respective 2nd Hand Item(s) from the respective Curator (the “Total Payment”).
Once the Rated User has completed the above steps via Our App, the Total Payment will be held in our account with Stripe and will only be transferred to the E-Wallet of the respective Curator as set out below:
(a) the respective Curator has a maximum of 7 days from the date the respective Total Payment was made (as set out above) to post the respective 2nd Hand Item(s) to the respective Rated User and to upload the proof of postage receipt to Our App. If this is not done within such 7 day period then the transaction will be voided, and the respective Total Payment will be returned to the respective Rated User’s E-Wallet less the respective Transaction Safe Guard Fee which will be retained by us;
(b) if the respective Curator has complied with (a) above, then a new 7 day period will start from the date that the respective 2nd Hand Item(s) were posted (as set out in the postage receipt referenced in (a) above) for the respective Rated User to notify us and the respective Curator that:
(i) the respective 2nd Hand Item(s) have been received and that the respective Rated User is happy with what they received and if so the respective Total Payment will be transferred to the respective Curator’s E-Wallet less the respective Rated Commission and the respective Transaction Safe Guard Fee which will be retained by us;
(ii) the respective 2nd Hand Item(s) were either not received, or that the respective 2nd Hand Item(s) were not of good quality or were not what the respective Rated User had a reasonable expectation of receiving and if so, and if this issue cannot be resolved directly between the respective Rated User and the respective Curator, once notified via Our App we will step in to try and resolve the situation which will require that all parties work with us in good faith and may require that the respective Rated User returns the defective or incorrect 2nd Hand Item(s) to the respective Curator and if the situation is not resolved within 10 working days the respective Rated User’s E-Wallet will be refunded the respective Total Payment less the respective Transaction Safe Guard Fee which will be retained by us.
(c) If the respective Rated User does not notify us and the respective Curator within the 7 day period referenced in (b) above, then at the end of such 7 day period the respective Total Payment will be transferred to the respective Curator’s E-Wallet less the respective Rated Commission and the respective Transaction Safe Guard Fee which will be retained by us.
(d) The payment of a Transaction Safe Guard Fee is not a form of insurance nor any legal protection guarantee service and Transaction Safe Guard Fees are not refundable under circumstances.
(e) We assume no responsibility out of or in connection with the delivery or non-delivery of any 2nd Hand Item.
9.6 Commission payments for Affiliate Marketing Links. Curators will receive a commission from the clicks or sales they generate from any Affiliate Marketing Link they post, these commissions will be paid to us and shared with the respective Curator (“Commissions”). Commissions will be recorded in a Curator’s E-Wallet as below:
(a) Pending– ‘Pending’ Commission refer to a Commission that has been generated but is subject to a 90 day waiting period to allow for the respective 3rd Party Brand to have paid the respective commissions to us which may not happen if the products are returned or any other stated reason and in which case no Commission will be payable to the Curator.
(b) Available – ‘Available’ Commissions refer to a Commission that has been generated and has passed the 90-day waiting period and is therefore due to the Curator. All Available Commissions will be paid weekly to the Curator’s E-Wallet from where they can be withdrawn.
(c) Paid – ‘Paid’ Commissions refer to a Commission that has been paid to a Curator via a withdrawal from the Curator’s E-Wallet.
9.7 Chargebacks. For the purposes of this Clause 9.7, a chargeback is a transaction reversal made to dispute a card transaction and secure a refund for a purchase. Each Rated User agrees that they will not request with either Visa or Mastercard for a chargeback for any item they purchase via Our App, and they will instead follow the process set out in Clause 9.5 above if there are any issues regarding any purchases made via Our App. Each Rated User acknowledges that that we reserve the right to terminate such Rated User’s use of Our App and the Services for any breaches of this Clause 9.7.
9.8 Third party websites. Our App or the Services may contain links to independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
9.9 Curators and 3rd Party Brands currently only sell within the United Kingdom. Our App is solely for the sale of 2nd Hand Items and/or products and/or services of 3rd Party Brands in the United Kingdom.
9.10 Consumer rights. A Rated User’s consumer rights are not affected in any way by using Our App.
9.11 Circumstances beyond the control of us or you. If the event of any failure by either of us due to something outside of the respective party’s reasonable control, then that party will advise the other party as soon as reasonably practicable, and the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.
10. INTELLECTUAL PROPERTY; LICENCE RESTRICTIONS
10.1 Intellectual property. We are the owner or the licensee of all intellectual property rights in Our App, in the material published on it, the Documentation and all of our publications and visual representations and designs whether published online or on our products (Our IP). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You have no intellectual property rights in, or to, Our App, the Documentation or the Services other than the right to use them in accordance with these Terms. You must not use any part of Our IP for commercial purposes without obtaining a written licence to do so from us.
10.2 Prohibited actions. You agree that you will:
(a) not sell, resell, rent, lease, sub-license, loan, publish, distribute, redistribute, provide, or otherwise make available, Our App in any form, in whole or in part, to any person without prior written consent from us;
(b) not copy Our App except as part of the normal use of Our App or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, edit, adapt, vary, alter or modify, the whole or any part of Our App nor permit Our App or any part of it to be combined with, or become incorporated in, any other programs, applications or digital content;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Our App;
(e) not attempt to, or assist, authorise or encourage any person to circumvent, disable or defeat, interfere with or disrupt the safety, security or performance of Our App;
(f) not access or use the source code of Our App; and
(g) comply with all applicable technology control, export control and trade sanctions laws and regulations relating to Our App.
10.3 Acceptable use restrictions. You must not (or permit or assist others to):
(a) use Our App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Our App, the Services or any operating system;
(b) infringe our intellectual property rights or those of any third party in relation to your use of Our App, including by the submission of any content or material (to the extent that such use is not licensed by these Terms);
(c) breach any of the user content rules in Clause 7.8 (Content);
(d) treat, interact with, or communicate with any other user of Our App or our staff in a way, which is unlawful, or can reasonably be considered to be offensive, harmful, threatening, intimidating, abusive, harassing, menacing, hateful, or racially or ethnically offensive, discriminatory or inflammatory;
(e) use Our App in a way that could damage, disable, overburden, impair or compromise Our App or our systems or security or interfere with other users of Our App; or
(f) collect or harvest any information or data from Our App or attempt to decipher any transmissions to or from the servers running Our App.
10.4 We do not guarantee availability of Our App. We will use reasonable skill and care to provide Our App to you and to keep Our App safe, secure and error-free but we do not promise that your use of Our App will be safe, secure, uninterrupted or error-free. We will use reasonable endeavours to maintain the availability of Our App to you, but we do not guarantee 100% availability. For example, Our App may become temporarily unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures. Although we make reasonable efforts to update the information provided by Our App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
10.5 Back-up content and data used with Our App. We recommend that you back up any content and data used in connection with Our App to protect yourself in case of problems with Our App or the Services.
10.6 Check that Our App and the Services are suitable for you. Our App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Our App and the Services (as described on the app store site and in the Documentation) meet your requirements.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 If you are a Rated User or a Curator, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Rated User or Curator (as the case may be) accepted these Terms, both we and such Rated User or Curator (as the case may be) knew it might happen. We shall not be liable to any Rated User or Curator (as the case may be), whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, for any loss of profit, or any indirect or consequential loss, arising under or in connection with these Terms and our total liability to each Rated User or Curator (as the case may be) for all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, shall not exceed £10 per claim.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.
11.3 We are not liable for business losses. 2nd Hand Items and products and/or services of 3rd Party Brands are only sold for domestic and private use. If a Rated User uses any 2nd Hand Item and/or products and/or services of 3rd Party Brands for any commercial, business or re-sale purpose we will have no liability to such Rated User for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.4 We are not responsible for events outside our control.If our provision of the Services or support for Our App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received (if relevant).
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.2 Internet transmissions are never completely secure. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using Our App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
13.1 You ending our contract. You may stop using Our App at any time without giving us notice.
13.2 We ending our contract. We may end your rights to use Our App and to access the Services at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so. If we end your rights to use Our App and to access the Services, then:
(a) you must stop all activities authorised by these Terms, including your use of Our App and any Services; and
(b) you must delete or remove Our App from all devices in your possession.
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of these Terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
14.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR (or the Centre for Effective Dispute Resolution) via their website at https://www.cedr.com/. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.