TERMS AND CONDITIONS

gradloup.com
Effective date: 1st August 2021

1. Introduction

The Gradloup website located on www.gradloup.com (“Site”) and the Gradloup Mobile Applications (“App”) available on Apple App Store (IOS) and Google Play Store (Android), are owned and operated by (2 Kids SA) Gradloup from Switzerland. Throughout the Site, the terms “we”, “us”, “platform”, “Gradloup”, and “our” refer to (2 Kids SA) Gradloup. We offer the Gradloup Site and App, including all information, tools, and services available from this site to you, the student, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or when using any of our feature, you (“User” or “Student”) engage in our “Services” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all students of the Site and App including without limitation students who are browsers, students, and/ or contributors of content

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES. BY DOWNLOADING, INSTALLING, ACCESSING, THE APP OR BY THE BROWSING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS WHICH BIND YOU LEGALLY. IF YOU DO NOT AGREE WITH THESE TERMS, OUR PRIVACY POLICY, OR ANY OTHER OF OUR POLICY, YOU SHOULD NOT USE THE SERVICES.

2. General Information

  • What we do. Gradloup is a peer to peer marketplace for students to buy, sell & advertise within the student community. The platform enables students to buy & sell locally, avail special deals and promotions for the community and use it as a free advertisement platform to post ads within the community. For more information on the services we offer,
    please find more details on www.gradloup.com or on our App.
  • Sole discretion. We reserve the right to add/discontinue any product or service anytime at the sole discretion and without notice. We also reserve the right to take appropriate steps to protect Gradloup and/or its Members/Students from any abuse/misuse as it deems appropriate in its sole discretion.

3. App Updates and Functionality

From time to time, updates to the App may be made available through the App Store and Play Store. Depending on the update, and whether you utilized the App Store or Play Store to download and access the App, you may not be able to use the App until you have installed the latest version. In addition, you acknowledge that the App is provided over the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App.

4. Store Rules

With respect to downloading the App, you agree to comply with the App Store Rules and Play Store Rules, as applicable. You acknowledge that the availability of the App may be dependent on the App Store or Play Store from which you receive the App. You acknowledge these Terms
are between you and Gradloup and not with the App Store or Play Store. The App Store and Play Store are not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that the App Store and Play Store (and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against you.

5. Permitted use

You agree to use the Site, App and the Services only for purposes that are permitted by these Terms and Conditions and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Services for
your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.

You will not (and will not attempt to)

  1. Use the Services for any illegal or unlawful purpose;
  2.  Access any of the Services by any means other than through the interface that is provided by Gradloup;
  3.  Gain unauthorised access to Gradloup’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Services, Gradloup’s networks, and computer systems;
  4.  Access any of the the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
  5. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
  6.  Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Services for any purpose; and
  7.  Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Gradloup in a way that is likely or intended to confuse the owner or authorised student of such marks, names or logos.

6. Interaction with other Members.

Students can chat with each other, decide terms, pricing, share location and interact with each other through the platform. You are solely responsible for your communications with other Gradloup Members. Gradloup reserves the right, but has no obligation, to monitor disputes between you and other Members. Gradloup also reserves the right to take appropriate action against errant members. However, Gradloup is not obliged to share such action with other members, including complainants. Gradloup expressly disclaims any responsibility or liability for any transactions or interactions between the members inter-se

7. Ad-Listings

Students may post ads and browse listings for goods, and services (each a “Listing”). Such
Listings are provided by students, and not by us. WE DO NOT SELL, RENT OR OTHERWISE MAKE AVAILABLE ANY GOODS, REAL ESTATE OR SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH LISTINGS, FOR ANY TRANSACTIONS LISTINGS AND SUCH LISTINGS DO NOT CONSTITUTE AN OFFER FROM THE COMPANY. PLEASE USE CAUTION AND COMMON SENSE WHEN BUYING, SELLING, LEASING, HIRING OR OTHERWISE PARTICIPATING IN ANY TRANSACTION REGARDING A LISTING, OR MAKING OR RECEIVING PAYMENT FOR ANY LISTING.


A promotion, or a available listing on the platform does not mean that we endorse the Listing or the promotional deal provider. We make no claims or representations concerning any Listings or students. Any Listing’s information and availability are subject to change at any moment without notice. You must understand about and follow all applicable laws governing the marketing, promotion, sale, purchase, delivery, receipt, possession, and use of any Listing’s subject. For any reason, we retain the right to remove any Listing. You represent and warrant that you have the required right and permissions to post any Listing, enter into any transaction, or make any transfer pertaining to a Listing, including getting proper parental or guardian consent if you are not of legal age to do so.

8. Prohibited Items

The following Items and Services are prohibited from being listed/posted on Gradloup:
• Tobacco (also tobacco related items, collectables are accepted)

  •  Drugs (including but not limited to illegal and prescribed drugs)
  •  Items that “promote or glorify hatred, violence, racial, sexual or religious
  •  Firearms & Ammunition (Including parts that could be used to assemble firearms)
  • Forged, Illegal, stolen or confidential documents
  •  Real human body parts, organs or remains
  •  Live animals
  • Certain copy written works or trademarked items
  •  Lottery tickets, sweepstake tickets or any other gambling items (or relating to)
  •  Military hardware e.g. weapons or explosives with the exception of demilitarised intolerance, or promote organisations with such views”) passports, drivers licence, birth certificate, school documents)
  •  Enriched uranium, plutonium or other fissile materials
  •  All types of sexual orientated material e.g. adult and child porn, materials deemed obscene e.g. but not limited to bestiality, necrophilia, rape, coprophilia and incest, sex toys, Services including any sexual activity, links to sites that contain prohibited items, any digital adult products.
  •  Ivory products
  • Knives (excluding some cutlery as set)
  • Fortune-telling & witchcraft-related services
  •  Souls, ghosts and other “items whose existence cannot be verified” are prohibited.
  •  Anything illegal.

We reserve the right to remove any posting and ban any users from using the platform at our sole discretion.

 

9. Top Charts Boost

Gradloup may charge a fee to students to boost their product postings in the top charts in some specific areas of the Service. The fee permits the ad to be posted in a designated area of the Website. Each party posting it to the Service is responsible for the material and compliance with these terms. Any such fees paid hereunder are non-refundable in the event any Material is removed from the Service for violating these terms. Students can use third party payment processors such as Stripe, Google Pay or Apple Pay to make payments for Top Charts Boost.

10. Responsibility

Gradloup is not in any way involved in any transactions between the students of for any listings as discussed in detail above. You hereby acknowledge and agree that Gradloup is not a party to such transactions, has no control over any element of such transactions, and shall have no
liability to any party in connection with such transactions. You use the Service and the Website at your own risk

11. Discounts From Third Parties

Gradloup charges third parties such as restaurants, bars, services for the discounts they offer to students on the platform. In no event Gradloup is responsible for any discounts offered by the third parties and any dealing will be between the student and the third party

12. Limited License

We grant you a limited license to use the Services for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site and the App or any of the contents of our Services; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of the Services not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the Services in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Services or to collect any information from the Site, App or any other student.


Your use of this Site and the App is at your own risk. You agree that you will be personally responsible for your use of this Site and the App. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other students, or otherwise violated the Terms and Conditions, we may deny you access to our Services on a temporary or permanent
basis and any decision to do so is final.

13. Ccounts, Registrations, and Passwords

You are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer and mobile/tablet. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Gradloup is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of Gradloup. You may not disclose the Password to another person or entity or permit another entity to access the Site and Apps using such a Password. You must notify Gradloup immediately of any breach of security or unauthorised use of your account. Gradloup cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on the Site and App. Multiple profiles of the same person are not allowed on the Site and App

14. Intellectual Property Rights

Your use of the Site, App and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site and App. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site and the App, are protected by national intellectual property and other laws. Any unauthorised reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorisation. To inquire about obtaining authorisation to use the Content, please contact us at support@gradloup.com In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the
Site and App.

15. Monitoring Activity

Gradloup has no obligation to monitor this Site and the App or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you

16. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GRADLOUP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE, APP AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND APP AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE AND APP IS AT YOUR OWN RISK.

17. Limitation of Liability

You agree that in no event shall Gradloup be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site and App or the Terms and Conditions, even if advised as to the possibility of such
damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you
as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorised access to or use of the Site or Apps secure servers and/or any
personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure. You agree that you use the App and/or any Third Party Sites at your own risk. You further understand and agree that we are not responsible
or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored or received using the App.

18. Indemnification

You agree to indemnify and hold Gradloup and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of our Services, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

19. Dispute Resolution & Governing Laws

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.


These Terms and Conditions shall be governed by and construed in accordance with the laws of Switzerland and you hereby submit to the exclusive jurisdiction of the Switzerland courts.

20. Children

Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

21. Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website or the App by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site and App constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

22. Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

23. Assignmen

We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.

24. Force Majeure

Gradloup is not liable for any delays caused by circumstances beyond Gradloup’s control, e.g. general labour dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, Gradloup shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and Gradloup are entitled to terminate the purchase with immediate effect

25. Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and Gradloup concerning the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site and App. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Gradloup’s right to act concerning subsequent or similar breaches.

26. Relationship

No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.

27. Violation and Termination

Any conduct that in any way violates these Terms or any posted restrictions or guidelines may result, in our sole discretion, in the termination of your license and right to utilize the Services to access Content or for any other purpose, and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect the Sites, the App, the Services, the Content, Gradloup, its Affiliates, Licensors, members, employees, agents and/or visitors; to comply with applicable laws; or to prevent unauthorized access or use of the Services or the Content. We retain the right to deny access to the Services, in our sole discretion, to any visitor/student for any reason, including for any violation of these Terms

28. Contact Us

For any questions, complaints, and queries or to report any violations, kindly get in touch:

Gradloup

Email: support@gradloup.com