Using The Tall Collective
In connection with using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third party rights or our systems or policies;
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
- fail to deliver items sold by you, unless you have a valid reason.
- post false, inaccurate, misleading, defamatory, or libellous content;
- take any action that may undermine the Feedback or ratings
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- use the contact information of other users for any purpose other than in relation to a specific The Tall Collective transaction (which includes using this information to send marketing materials directly to The Tall Collective users.
- distribute viruses or any other technologies that may harm The Tall Collective, or the interests or property of The Tall Collective users;
- use any robot, spider, scraper or other automated means to access our Services for any purpose.
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any The Tall Collective application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to The Tall Collective. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to The Tall Collective or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- commercialise any The Tall Collective application or any information or software associated with such application;
- harvest or otherwise collect information about users, such as email addresses, without their consent; or
- circumvent any technical measures we use to provide the Services.
If you are registering with The Tall Collective as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on The Tall Collective, you must comply with all applicable laws relating to online trading for the site you are selling.
You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any services provided up to the point of cancellation.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
If you are a seller and you offer or reference your contact information or ask for the buyer’s contact information in the context of buying or selling outside of The Tall Collective this is deemed to be violating the policy and you may be subject to a range of actions, including limits selling privileges, restrictions on listings and account features, suspension of your account, recovery of expenses for policy monitoring and enforcement.
Abusing The Tall Collective
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, remove or demote or otherwise restrict the visibility of products, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
- we think that you are creating problems or possible legal liabilities;
- we think that such restrictions will improve the security of the The Tall Collective community or reduce our or another The Tall Collective user’s exposure to financial liabilities;
- we think that you are infringing the rights of third parties;
- we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
- despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.
When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
The commission we charge for using our Services are as laid out in the ‘Vendors – what you need to know’ document. We may change our commission, or introduce new fees from time to time by posting the changes on the The Tall Collective site or via email 30 days in advance. You may close your account without penalty within 30 days of such notice being given.
When listing an item, you agree to comply with the Vendor Selling Policy and that:
- you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted Items policy;
- your listing may not be immediately searchable by keyword or category for up to 24 hours.
- content that violates any of The Tall Collective’s policies may be modified, obfuscated or deleted at The Tall Collective’s discretion;
- we may revise data in the The Tall Collective product catalogue to supplement, remove, or correct information you have provided and, if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly;
- where your listing appears in search and browse results may be based on certain factors such as listing format, title, keywords, price and postage cost, Feedback, The Tall Collective policy compliance and detailed seller ratings.
- We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
- some optional upgrade features will only be visible on certain The Tall Collective Services.
Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
International buying, selling and translation
Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items.
You authorise us to use automated tools to translate your The Tall Collective content and member to member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.
We may offer, license or otherwise make available for your use catalogues of stock images, descriptions, product specifications, and other content, which may be provided by third-parties (including The Tall Collective users). You may use such catalogue content solely in connection with your The Tall Collective listings during the time your listings are on The Tall Collective’s sites. That permission is subject to modification or revocation at any time at The Tall Collective’s sole discretion.
While we try to offer reliable data, we cannot promise that catalogue content will always be accurate and up-to-date, and you agree that you will not hold us responsible for inaccuracies. You continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all The Tall Collective policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.
You authorise The Tall Collective to include return postage charges and auto-refunds on your seller invoice as a fee, which may be charged to your automatic payment method on file, when:
When a transaction is cancelled, and you choose to refund the buyer via The Tall Collective, you authorise The Tall Collective to request PayPal to reverse the refund amount (in same or other currency) from the seller’s PayPal account, to the buyer.
The Tall Collective Money Back Policy
Most The Tall Collective sales go smoothly, but if there’s a problem with a purchase, the The Tall Collective Money Back Policy helps buyers and sellers communicate and resolve issues. The Tall Collective Money Back Policy is part of this User Agreement and incorporated by reference. You agree to comply with the policy and permit us to make a final decision on any case.
In the instance of dispute for this purpose, you, in the capacity of a seller:
- authorise and instruct us to refund the buyer and to recover the amount we pay to the buyer from your account.
- authorise and instruct us to place the reimbursement amount on the seller invoice, including but not limited to the cost of return postage labels.
Correcting mistakes in payments to buyers and sellers
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the The Tall Collective Money Back Policy refund or reimbursement.
We try to keep The Tall Collective and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Sales and other notification functionality in The Tall Collective’s Services may not occur in real time. Such functionality is subject to delays beyond The Tall Collective’s control.
We shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
- your use of or your inability to use our Services;
- pricing, postage or other guidance provided by The Tall Collective;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any The Tall Collective Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing The Tall Collectivesection;
- the duration or manner in which your listings appear in search; or
- your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. The Tall Collective cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under The Tall Collective Money Back Guarantee up to the price the item sold for on The Tall Collective and its original postage costs.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of The Tall Collective’s Services or your breach of any law or the rights of a third party.
If a dispute arises between you and The Tall Collective, we strongly encourage you to first contact us directly to seek a resolution by contacting us: email@example.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and The Tall Collective both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, “non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
You agree that we may at any time and without notice set-off any of the amounts held in The Tall Collective user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the The Tall Collective group (including, without limitation, in respect of any services provided by any member of the The Tall Collective group). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an The Tall Collective credit balance held or controlled by you.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email, or via by posting the amended terms on www.thetallcollective.com All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and an The Tall Collective representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the The Tall Collective site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
The User Agreement, the The Tall Collective User Privacy Notice and all policies posted on our site are the entire agreement between you and The Tall Collective and supersede all prior understandings and agreements of the parties.
We shall send notices to you by email to the email address you provide to The Tall Collective during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.