Welcome to MyVibe

MyVibe is a social media-inspired peer-to-peer marketplace that utilizes artificial intelligence to suggest relevant sellers and items to you and to display your items to the most relevant potential buyers based on your preferences and other information submitted to it. You can search for items, log in to your profile, and view other profiles via our website. We also make our application available for download through app stores on mobile devices.

 

Your Relationship with Us

This document, along with any documents referenced within it, outlines the terms of your relationship with MyVibe. We encourage you to read and understand these terms before using our service. By creating an account with us and/or using and accessing our service, you agree to and accept these terms in their entirety. If you do not agree to these terms, you may not use our service.

 

Information about You and Your Privacy

Your privacy is important to us. We encourage you to read our Privacy Policy to understand how we collect, use, and share information about you. Additionally, please review our Cookie Policy to understand how we use cookies within our service.

 

Account Creation

To access our Service, you must register with us and create an account that includes a unique username and password. We recommend utilizing strong passwords, which include a combination of upper and lowercase letters, numbers, and symbols for your account. You must be at least 13 years of age and have the legal capacity to enter into a binding agreement in your country of residence to use our Service. MyVibe does not knowingly collect or solicit personal information from individuals under the age of 13 or permit their registration for our Service. Our Service and content are not intended for children under the age of 13. If we learn that we have collected personal information from a child under the age of 13 without parental consent, we will promptly delete it. You can also connect to our Service through third-party services approved by us, such as Facebook, Instagram, or Twitter. In doing so, you grant us permission to access and use your information from that service as permitted by that service, and to store your login token for that service as outlined in our Privacy Policy.

 

Account Responsibility and Security

As the account holder, you are responsible for maintaining the confidentiality of your login details and any activities that occur under your account. If you suspect any misuse of your account, please contact us through our Help Centre.

MyVibe Payment and Marketplace

Your right to use the service

1. The Service and all its materials and content, including but not limited to images, written content, and designs on each page of the MyVibe application and website, are protected by worldwide intellectual property laws, including copyright and design laws. All rights belong to MyVibe or have been granted permission for use.
2. Your access to and use of the Service is exclusively for your personal use and not to be transferred, sold, gifted or otherwise shared with any other individual.
3. You are not granted any rights to use the "MyVibe" name, trademarks, logos, domain names or other distinctive brand features, which are the intellectual property of MyVibe.
4. These Terms of Service do not provide any rights or licenses, other than those specifically mentioned, in relation to MyVibe's materials and content, the Service, or the MyVibe name and trademarks.

Rules of Acceptable Use

1. The Rules of Acceptable Use outline specific guidelines that must be adhered to when using the Service.
2. It is your responsibility to ensure the email address provided in your Account details remains active and is regularly checked.
3. You are responsible for all taxes related to the sales of items through our Service and must comply with all applicable laws. You must promptly provide us with any information we require to verify compliance and will reimburse us for any costs incurred as a result of non-compliance.
4. When using the Service, you must not:
   • Create multiple Accounts unless otherwise agreed upon by us.
   • Provide false or misleading information in your Account details.
   • Allow another person to use the Service under your name or on your behalf, unless you are a business and they are authorized by you.
   • Use the Service if you have been suspended or banned from it.
   • Send spam or repetitive messages.
   • Engage in any illegal or unlawful conduct, including selling or purchasing fake or counterfeit items or items that infringe on another person's rights.
   • Modify, interfere, disrupt, or hack the Service.
   • Misuse the Service by introducing harmful material.
   • Collect any data from the Service other than in accordance with these Terms of Service.
   • Submit or contribute any User Content that contains illegal or offensive content, or infringes on the rights of others.
   • Manipulate any ratings or feedback systems.
   • Submit or contribute any User Content without the permission of the content owner.
   • Offer to sell or buy prohibited items, such as drugs or tobacco-related products.
   • Make direct arrangements with buyers or sellers to use a payment method other than PayPal or Stripe.
   • Take any action to circumvent, reduce or manipulate the Commission due to us
   • It is prohibited to submit or share any information or comments about another individual without their consent, or to post private or confidential information through the Service, including, but not limited to, credit card information, social security numbers, alternate national identity numbers, non-public phone numbers, or non-public email addresses.
   • Data mining, screen scraping, or crawling any portion of the Service is prohibited.
   • Disassembling, decompiling, or reverse engineering any part of the Service is prohibited.
   • Modifying, copying, varying, editing, distributing, or using for commercial purposes any content on the Service without the prior written consent of MyVibe is prohibited.
   • Attempting to circumvent any technical measures implemented to protect or provide the Service is prohibited.
   • Using any third party's PayPal account without their express permission is prohibited.
   • Using the service to engage in drop shipping is prohibited.
   • Violations of the Rules of Acceptable Use are considered a serious breach of these Terms of Service and may result in one or more of the following actions being taken, at our discretion, with or without notice:
   • Immediate, temporary, or permanent revocation of your right to use our Service.
   • Immediate, temporary, or permanent removal of any User Content, including the removal of items listed for sale on the Service.
   • Issuing a warning to you.
   • Taking legal action against you, including seeking reimbursement for all costs incurred as a result of the violation.
   • Disclosing relevant information to law enforcement authorities as deemed necessary.
   • We reserve the right to investigate any suspected violations of the Rules of Acceptable Use, and during this investigation, we may temporarily revoke your access to our Service or remove User Content without notice to you.

Notice and Takedown policy

1. If you believe that any content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use, you may contact us by submitting an "Infringement Notice." This notice can be sent to [email protected]
2. Your Infringement Notice should include the following information: your name and contact details, a detailed explanation of why you believe the content infringes your rights or fails to comply with our Rules of Acceptable Use, and a link or other means of identifying the problematic content.
3. We will take appropriate action in response to the Infringement Notice and will aim to respond to you within a reasonable time frame regarding the proposed action.

Advertisements on the Service

We and our chosen business partners may display advertisements through the Service or through other means such as email. These advertisements may be tailored to your User Content or other information available through the Service. We will only use information that identifies you in accordance with our Privacy Policy when displaying advertisements. We may also use advertising cookies to deliver these advertisements, and you can find more information about our cookie policy here.

 

Seller’s Platform

1. As a seller on our platform, a commission will be charged on the total transaction amount received for any Sale Transaction, including VAT, taxes and shipping costs. This commission fee is outlined on our help site.
2. Additional fees may be charged by PayPal, and it is important to familiarize yourself with PayPal's terms of use.
3. The commission will be deducted from your PayPal account or funds transferred through Stripe.
4. An invoice detailing the commission will be provided to the seller.
5. The commission fee includes any applicable VAT or sales taxes.

 

Ending our relationship

1. If you no longer agree to these Terms of Service or any changes made to the Service, you must stop using the Service immediately.
2. To terminate your use of the Service, contact us at [email protected] from the email linked to your account and request that we deactivate your Account. We may request proof of your identity and relationship to the account holder.
3. Your use of the Service may be terminated immediately if you violate the Rules of Acceptable Use or other important rules and conditions for accessing and using the Service.
4. We reserve the right to withdraw the Service at any time without notice and without liability to you.
5. Upon termination of your use of the Service or withdrawal of the Service, we may delete or modify your User Content, Account, and any other information we hold about you. You will lose any rights to use the Service or access our content or your User Content, and we will not provide compensation for any losses. Note that even if your Account is deactivated, some of your data may still appear within the Service if it has been re-shared by others.

 

Our liability/responsibility to you

1.   is solely at the discretion of the buyer and seller. We do not make any guarantees or commitments regarding the quality or delivery of Sale Items, or for honoring any inaccurate information about the price, description, or availability of Sale Items.
2. We strive to provide the Service as consistently as possible, however, it may be interrupted for maintenance, upgrades, and emergency repairs. The Service and its content are provided "as is" and we do not make any promises regarding its availability or performance. You acknowledge that the internet is subject to security breaches and that the submission of User Content may not be secure.
3. MyVibe is not responsible for any damage caused by viruses or other programs that impair the Service.
4. You may be able to access third-party links, websites, and products through the Service. MyVibe is not responsible or liable for any third-party links, websites, and products that you may access at your own discretion. Your access and use of such third-party links, websites, and products shall be solely at your own risk and subject to their separate terms and conditions.
5. Our liability for any claims related to a Sale Transaction is limited to the Commission paid for that transaction.
6. We do not accept responsibility for any claims arising from the provision of the Service, except where we cannot exclude or limit responsibility by law (such as death and/or personal injury caused by our negligence).
7. We will not be held responsible for any loss or damage that is not reasonably foreseeable, including indirect losses, financial and business losses, or loss of goodwill or reputation.

 

Your responsibility to us

If MyVibe incurs any legal expenses or costs as a result of an action or inaction by you, including a breach of these Terms of Service, you agree to indemnify and hold us harmless from any such claims or demands. In the event of such legal action, you agree to assist us as reasonably requested in the defense of the claim.

 

Resolving disputes

Disputes with us

In the event of a dispute with us regarding the Service, please make an effort to resolve the issue informally by contacting us through our Help Center.

 

Disputes with other users relating to a Sale Transaction

General

  If a dispute arises between users in relation to a Sale Transaction, we offer Buyer or Seller Protection for purchases/sales made through our platform using PayPal or MyVibe Payments via Stripe. However, purchases/sales made outside of MyVibe are not covered by this protection.

  Within 180 days of the transaction, if a buyer has not received their item or the item received is not as described or is faulty, or if a seller has received an unauthorized payment or a buyer claims they did not receive their item, the issue can be reported to us by opening the app and going to Profile > Support > Help > Report a transaction problem > select ‘Purchased Items’ and find the transaction in question.

  Please note that for any form of buyer or seller protection, we can only accept tracking codes as valid proof of delivery and that the cost of returning the item will not be refunded.

 

MyVibe Buyer Protection

To qualify for MyVibe Buyer Protection, you must be able to demonstrate that: a) you purchased the Sale Item through MyVibe Payments via Stripe, and b) the Sale Item did not arrive or was significantly different from the described item or was counterfeit. If we find that these criteria are met, and upon your return of the Sale Item (with tracked delivery), you will receive a full refund from the seller.

 

MyVibe Seller Protection

  To qualify for MyVibe Seller Protection, you must be able to demonstrate that: a) you sold the Sale Item through MyVibe Payments via Stripe, b) you dispatched the order to the address provided on the MyVibe receipt within 7 days of the order (or any timeframe set out in the description for the Sale Item in question if different), c) you responded to any MyVibe emails relating to such Sale Item within the requested period and d) the Sale Item significantly conformed to the description thereof in your shop. Please note that non-material goods, prohibited items and meet-in-person transactions are not covered by MyVibe Seller Protection.

  In the event that the buyer and seller are unable to reach an agreement, MyVibe will attempt to mediate a resolution. If it is determined that the buyer's claim is valid, the seller agrees to refund the full purchase price of the Sale Item and, in the event they fail to do so, they grant permission for MyVibe to do so on their behalf.

  If a chargeback is raised against the seller, they will be required to provide evidence of shipping and that the Sale Item was as described in the original listing within 3 calendar days. Failure to respond within the timeframe or if MyVibe believes the buyer's claim to be valid, a refund will be issued to the buyer and a 5000 LKR chargeback fee will be deducted from the seller's MyVibe Payment account. If the seller is subject to frequent chargebacks, their account may be investigated and suspended if they are found to be non-compliant with these terms of service.

  If you wish to appeal any decision made by MyVibe under this section, please contact us and be aware that we will only consider appeals that provide new evidence to support the case.

 

Changes to the Service

As a part of our commitment to providing you with new and innovative features and services, we may need to update, reset, stop offering, or supporting certain elements of the Service. These updates, known as "changes to the Service," may impact your past activities, features, and User Content. It is important to note that as a characteristic of our Service, changes will take place over time and by continuing to use the Service after these updates, you are indicating your acceptance of them. Should you wish to discontinue use of the Service, you may do so by contacting us and deactivating your account.

 

Changes to these Terms of Service

We may periodically update these Terms of Service to reflect changes in our service, technology, laws and regulations. We will notify you of any changes by sending an email or posting a notice on our website at least three days prior to the changes taking effect. Your continued use of the service after the changes have been implemented constitutes acceptance of the revised Terms of Service.

1. These updates may include the addition of new features or changes to the service, changes in laws and regulations, or clarification of our policies
2. Whenever possible, we will provide notice of any significant changes to these terms through the service or via email.
3. In some cases, changes may need to be made immediately without prior notice to ensure the smooth operation of the service. In such cases, we will not provide notice before the changes take effect.

 

Documents that apply to our relationship with

1. The current version of the Terms of Service is the only legally binding agreement that applies to our relationship with you. Any previous versions of the Terms of Service will no longer be valid and will be superseded by the current version, which can be found at this link.
2. We rely on these Terms of Service to establish the written terms of our agreement for the provision of the Service. If any part of the Terms of Service is deemed unenforceable, the remaining terms will still apply to our relationship.
3. Failure to enforce any provision of these Terms of Service immediately does not constitute a waiver of our rights and we reserve the right to take action in the future.

 

Law and General Provisions

1. Since we're located in Sri Lanka, Sri Lankan law will apply to any conflicts or disputes that arise from these Terms of Service. The English courts will have non-exclusive jurisdiction over any dispute related to your use of the Service. However, these Terms of Service don't negate any legal rights you may have, or any obligations that MyVibe has, in your country of residence, where such exclusions aren't permitted by law.
2. We may assign any of our rights and duties under these Terms of Service.
3. These Terms of Service don't establish an agency, partnership, employment, or joint venture relationship between you and MyVibe.
4. MyVibe won't be responsible for any delays or failures in performing its duties that are caused by unforeseeable circumstances beyond its control (force majeure). In such situations, MyVibe will be allowed a reasonable extension of time to fulfill its obligations, which will be assessed based on these Terms of Service and MyVibe's other commitments.
5. No third party (except for authorized assignees of MyVibe) is entitled to benefit from these Terms of Service under the Contracts (Rights of Third Parties) or any other law.

 

Contact, feedback and complaints

1. If you need to get in touch with us regarding these Terms of Service or any other documents referred to in them, please contact us through our Help Centre by clicking here.
2. We appreciate feedback from our users and are continuously looking for ways to enhance our Service. By giving us feedback, you agree to waive any rights you have in your feedback, allowing us and others to use it without any restrictions or compensation to you.