Terms & Conditions (User Agreement)
Hello and thank you for your interest in DifferentNeedz.com (hereinafter referred to as Different Needz). By using the services on the Different Needz website (the Site), you are agreeing to the following terms, with Different Needz, Ltd, dba DifferentNeedz.com.
Before you may become a member of Different Needz, you must read and accept all of the terms and conditions in this Agreement. Please read the Agreement in its entirety.
Different Needz desires to provide a market where items can be purchased at prices below retail value. Different Needz suggests that new or unused items be posted at a price that is at most 75% of the retail price of the item. Gently used items should range between 75% and 50% of the retail price of a new equivalent item. Items that are well used should be posted at most 50% of the retail price of a new equivalent item. This price structure is only suggestive. Remember, you are helping others as well as yourself. All prices are to be set amounts; this is not an auction Site.
Different Needz will not allow the posting or sale of the following:
- Any illegal items
- Syringes or other items that have come in contact with bodily fluids
- Medical equipment that requires calibration by a licensed individual
- Items that were obtained by theft
- Any broken, damaged or nonfunctioning items
- Any item that would violate any local, state or federal law
- Any other item DifferentNeedz determines at its own discretion to be improper for sale on this site.
We all know what you should or should not do. In case you need a reminder while using this Site,
- Be over the age of 18
- Post content or items in appropriate category(ies) or areas on the Site
- Be in good standing with our Site (not suspended)
- Deliver payment for items purchased by you
- Deliver items purchased from you
- Be good to one another
- Use the Site in an appropriate manner to promote the good of the community
- Keep all of your account information current and correct
You Will Not:
- Scam other users and/or Different Needz
- Violate any laws, third party rights, or our policies
- Post false, inaccurate, misleading, defamatory, or libelous content
- Post a phone number in your description
- Circumvent or manipulate our fee structure, the billing process, or fees owed to Different Needz
- Use and/or change another Different Needz account information and User ID without our consent
- Harm Different Needz, or the interests or property of Different Needz users by spreading viruses or any other harmful technical programs
- Collect, use, distribute and/or display information about users, including email addresses, without their consent
- Use, distribute, or publicly display any content (except for your information) from the Site without the prior expressed written permission of Different Needz and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site
- Attempt to gain and/or gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer account will be terminated
- Include links to email addresses, other web sites, photos, telephone numbers or other descriptions of your posted item or other non-posted items
- Try to communicate with the seller/buyer in order to avoid Different Needz fees
- Include in your posting information about giveaways, ask for donations, raffles or other contests
- Post a listing that does not offer a proper item for sale
The Different Needz Messaging System gives you the ability to communicate with buyers/sellers directly from this site without having to open up your email client. To ensure your safety and to ensure site integrity, all communications between buyer and seller are filtered through Different Needz. All email addresses and personal information will be removed from communications and sales must go through the Different Needz website.
When a user agrees to buy an item from a seller, Different Needz will send a communication to the seller letting the seller know the item has been sold. Different Needz will then send the buyer a PayPal invoice for the purchase price. Once the buyer pays the invoice, Different Needz will notify the seller the invoice has been paid and the seller will ship the item within 24-48 hours.
Once the item has been shipped, the seller will then send the shipping number to Different Needz and the buyer will be notified. Once the buyer receives the item, the buyer has 48 hours to contact Different Needz with any issues. After 48 hours, the funds will be sent to the seller.
Different Needz wants to keep the Site working properly and safe. Please report problems and violations to us via our email at contactus@DifferentNeedz.com.
Different Needz may take whatever steps necessary, including but not limited to suspend, or terminate our service, remove content, or take legal action to assure the safety of the Site. Different Needz also reserves the right to terminate accounts that have been inactive for a period of six months.
Creating a Different Needz seller or buyer account is free. We do not charge fees for posting items. Different Needz reserves the right to change from time to time the fees for posting items for sale on the Site.
By posting an item on Different Needz, you are agreeing to and contract to pay Different Needz a sales commission fee in the amount of 17% of the sale price of your item upon the sale of your item. For example, if your item sells for $100.00 plus $25.00 shipping, you agree to pay to Different Needz the amount of $17.00 as the sales commission fee. The seller grants authority to Different Needz to subtract the sales commission prior to receiving funds. The sales commission fee is due to Different Needz upon sale of your item. Said fee is only owed if the buyer pays for your item. You can obtain a receipt of this transaction upon request. The sales commission fee is due to Different Needz if the item was returned to you for any reason other than non-payment.
You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees and other damages, including attorney fees, owed using other collection mechanisms. All fees are quoted in U.S. Dollars.
When an item is purchased, Different Needz will send a sale notification to the Seller's email account listed by the Seller when the Seller registered for an account with Different Needz. The Seller must send the purchased item to the Buyer within 24-48 hours after the date of the notification of the sale issued by Different Needz. It is recommended that the Seller monitor their items and email accounts for the notification of the sale of their item. It is the Seller's sole responsibility to deliver the purchased item to the Buyer. If there are any delivery issues, please contact Different Needz at contactus@DifferentNeedz.com. Different Needz will attempt to resolve any delivery issues with the Seller and Buyer, however, no resolution is guaranteed.
All sales are final. All sales commission fees paid are final. All disputes are between the Seller and the Buyer. Returns, for whatever reason, must be resolved with the other party. DifferentNeedz will help resolve any issue, but does not guarantee any resolution, is not a party to the dispute and does not assume any liability.
We Are Not Liable
You agree to not hold and will not hold Different Needz responsible for other user's acts and/or omissions. Different Needz is not involved in the actual transaction between Buyers and Sellers. We do not guarantee anything, including but not limited to, the quality, safety or legality of items posted, the accuracy of postings, the ability of Sellers to sell items, the ability of Buyers to pay for items, or that a Buyer or Seller will actually complete a transaction.
We do not transfer legal ownership of items from the Seller to the Buyer, and nothing in this agreement shall modify the governing provisions of the Uniform Commercial Code S 2-401(2) and/or any State equivalent of Uniform Commercial Code S 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the Buyer by the Seller. Unless the Buyer and the Seller agree otherwise, the Buyer will become the item's lawful owner upon physical receipt of the item from the Seller, in accordance with the Uniform Commercial Code S 2-401(2) and/or any State equivalent of Uniform Commericial Code S 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $125.00.
You agree to release and hold harmless Different Needz and our officers, directors, agents, subsidiaries, joint ventures, equity owners and employees from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and Seller/Buyer, whichever is applicable. If you are a California resident, you waive California Civil Code S1542.
You give Different Needz permission to store and use any information that you provide to Different Needz as a result of selling of buying items on DifferentNeedz.com. We do not sell or rent your personal information to third parties without your explicit consent. We use your information to improve and personalize our services, content and advertising, track Site use, fix problems on the Site, for fee collection purposes, and for cooperation with law enforcement and legal authorities. You give permission to Different Needz to communicate your information to other third-party entities that are directly or indirectly providing services to Different Needz, such as, software support, bill collecting and marketing agencies.
You can access and modify the information you provide us by signing-in to your account. In addition, the party whom you transact with will also have some or all of your information in order to complete the transaction. Third-party banks and delivery carriers may also obtain some or all of your information for the purposes of completing your transaction.
You will indemnify and hold us and our officers, directors, agents, subsidiaries, joint ventures, equity owners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
The use of this Site and the terms of this Agreement do not expressly or impliedly create an agency, partnership, joint venture, and employee-employer or franchiser-franchisee relationship.
Violations of this Agreement may result in one or more of the following actions:
- Posting cancellation;
- Account suspension;
- Forfeit of Different Needz fees on cancelled listing; and/or
- Whatever is necessary for Different Needz to protect the Site and its users.
Laws and Taxes
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding:
- the use of Different Needz service;
- your postings;
- the sale of your item(s); and
- your solicitation of offers to purchase.
- You, as a seller, are also responsible for paying all fees associated with using Different Needz service and Web site, and all applicable taxes associated with the use of Different Needz service and Web site.
AUTHORIZATION TO DISCLOSE HEALTH INFORMATION
- I authorize Different Needz, Ltd., dba DifferentNeedz.com, 2077 East 4th Street, 2nd Floor, Cleveland, Ohio 44115 to use or disclose my account information that I provided to DifferentNeedz.com, including but not limited to; my name, address, and email address.
- I understand that the information may indirectly identify me as a person with physical infirmity, and/or behavioral or mental health issues.
- This information may also be disclosed to and used by users of DifferentNeedz.com and/or third-parties directly or indirectly, providing services to DifferentNeedz.com for all purposes related to buying and selling items on DifferentNeedz.com and for DifferentNeedz.com internal uses,
- including, but not limited to marketing, statistic gathering, fee collection, or legal purposes.
- I understand I have the right to revoke this authorization at any time. I understand if I revoke this authorization I must do so in writing and present my written revocation to DifferentNeedz.com. I understand the revocation will not apply to information that has already been released in response to this authorization. I understand the revocation will not apply to my insurance company when the law provides my insurer with the right to contest under my policy. Unless otherwise revoked, this authorization will not expire.
- I understand that authorizing the disclosure of this health information is voluntary. I can refuse to authorize these disclosures, but my account with DifferentNeedz.com will not be active. I understand I may inspect or copy the information to be used or disclosed, as provided in CFR 164.524. I understand any disclosure of information carries with it the potential for an unauthorized re-disclosure and the information may not be protected by federal confidentiality rules. If I have questions about disclosure of my health information, I can contact Different Needz at contactus@DifferentNeedz.com.