Terms & Conditions
Last Updated: March 23, 2017
Guzu, Inc. ("GUZU") offers services (the "Guzu Services") through which you can sell, donate or recycle certain consumer electronic products (the "Products") after receiving a "quote" from Guzu. You must agree to abide by the following terms in order to use the Guzu Services.
BY SETTING UP AN ACCOUNT, OR BY USING GUZU'S WEB SITES, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
These terms govern any offer that you make to sell, donate or recycle your Product to or through Guzu. These terms, the terms that govern your use of Guzu’s web site ("Website"), the Guzu Services and any and all applications included therein, which terms are located at http://www.guzu.com/terms-and-conditions/, the terms of Guzu’s privacy disclosures located at http://www.guzu.com/privacy-policy/ and any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you and Guzu (the "Agreement"). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement, and the term "Guzu," "we" or "us" refers to Guzu and its affiliates and subsidiaries.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by Guzu of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
In order to complete the sale, donation or recycling of your Product to or through Guzu or to complete any other transaction with Guzu, you must: Create an account with us; provide true, up to date and accurate account information about yourself and any Product you offer to us; comply with all terms and conditions of this Agreement; comply with all applicable laws and regulations, including all import and export laws; transact on behalf of yourself and not on behalf of others; and have the legal capacity to enter into agreements and to convey title and interest in any Product that you submit to us. In order to receive payments for any Products we purchase from you, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. You understand and agree that if you fail to provide us with accurate and up to date information about yourself: (a) we will not be responsible for any misapplied payments or payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities.
Guzu uses two (2) product conditions to grade products, either "Working" or "Broken." A product is considered “Working” if it is 100% functional and powers on. A product is considered “Broken” if it is anything less than 100% functional. The above definitions are broad guidelines. More specific condition definitions specific to the category and/or type of Product are included on the Guzu Website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at Guzu's discretion. If you are uncertain about your Product’s condition, please seek guidance by contacting Guzu’s customer service at firstname.lastname@example.org.
Guzu strives to provide a quote for each Product you wish to sell, donate or recycle. Guzu determines, in its sole discretion, which Products are eligible for purchase, donation and/or recycling by or through the Guzu Services. Guzu may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted a quote.
All quotes will be based on Guzu's own determination of the Product value in reliance on the accuracy of the information you supply us. Products must be submitted with all internal and external components to receive an accurate quote. Guzu will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition. Upon receiving a quote, you have the option of accepting or rejecting that quote. Acceptance indicates you are willing to provide your Product to Guzu at the quoted price. If Guzu determines that the Product has nominal value, Guzu may provide you a quote of $0. If you decide to continue and accept Guzu’s quote of $0, you will send to Guzu and Guzu will accept the Product for recycling. If you do not accept Guzu’s quote, the specific transaction expires. If after rejecting the quote you change your mind and want to accept the quote, you will need to open another transaction with us at which point the quote may be different.
Any quote by Guzu for your Product is non-transferable and not redeemable for any other consideration other than what is quoted by Guzu.
Warranty of Fitness for Sale.
You must own the right, title, and interest in any and all Products you seek to sell, donate or recycle to Guzu. The Product, sale and shipment of such items to Guzu: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all international trade laws, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the Guzu Services, you agree to indemnify Guzu from all claims or losses sustained by Guzu as a result of any breach of this warranty.
Sending Guzu Your Product.
When packaging your Product, be sure to include all materials included in your description when we calculated your quote, as well as any other materials that came with your Product. This may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the quote was calculated, or sending us a Product which does not match your original description, may impact the final value of your Product and may result in a recalculated quote.
Remove Personal Data From Your Product.
For Products involving devices that store files and/or personal data on hard drives, memory chips or the like, you must back up and store any data you wish to keep from your Product and remove any personal information before you send your Product to us. Guzu’s standard practice is to remove all such data from your Product, however, Guzu makes no guarantee that it will do so. By sending Guzu your Product, you agree to release us from any claim as to the Product, the data stored in such Product, or any information on any media used in conjunction with the Product and which you send to Guzu, or for such data's security, integrity, confidentiality, disclosure or use. Guzu is not responsible for: (a) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or (b) any loss of data after you submitted your Product to us.
Product Inspection & Acceptance; Quote Recalculation.
Your Product must be received by Guzu within thirty (30) days after you accept the original quote by Guzu (the "Delivery Period"). Packing and shipping recommendations provided to you by Guzu should be followed in order to avoid possible damage to or loss of the Product in transit. All Products that are received will be inspected by Guzu. Guzu has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Product damaged or lost in transit. Guzu reserves the right to recalculate the original quote for the Product if: (a) the Product and/or materials are not as described, and/or (b) the Product is received by Guzu after the Delivery Period. In the event Guzu recalculates the quote, you shall have the option of accepting or rejecting the new quote. If you accept the new quote, you will be paid in normal course and in accordance with these service terms.
If you reject the new quote, Guzu will return the Product to you at the address from which it was originally sent. Guzu will give you a period of five (5) days after Guzu presents you with a recalculated quote to accept or reject the new quote (the "New Quote Period"). However, if the new quote is neither affirmatively accepted nor rejected by you during the New Quote Period, the new quote will be deemed to have been accepted by you and you will be paid the new quote in normal course and in accordance with these service terms. For avoidance of doubt, your acceptance of the original quote and/or any new quote is final and you may not change your mind later about accepting such quotes.
Once you send Guzu your Product, Guzu cannot and does not guarantee that it will be able to honor any request for return of the Product and/or any data or information contained in such Product. Of course, if Guzu rejects the Product or you do not accept any new quote for the Product your Product will be returned to you.
Risk-Of-Loss on Seller.
You remain responsible for the risk-of-loss for the Products until the moment of delivery of the same to Guzu. You are responsible for any damages that may occur to your Product while in transit. Guzu is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event Guzu returns your product to you for any reason. In such case, risk of loss will be transferred to you once Guzu delivers the package to the carrier for return to you and you will bear the risk of loss in transit.
Passing of Title.
Title to the applicable Product passes to Guzu upon Guzu’s acceptance of the Product for the original quote or the new quote, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you for the entirety of the transaction.
International Trade; Import and Export Laws.
You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer your Product without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey your Product to Guzu, including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide to Guzu for recycling, donation or for sale, any Products that would violate the provisions of this Section.
Accuracy of all Information.
Guzu makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, Guzu reserves the right, at any time prior to payment, to:
(a) Correct an error;
(b) Change the quote. In the event the Product has already been sent to Guzu, the changed quote will become a New Quote, which may then be accepted or rejected within the New Quote Period. Otherwise, the changed quote will be a re-issued original quote, which you may accept or reject;
(c) Void a transaction. If the Product was already sent to Guzu, Guzu will be deemed to have rejected the Product resulting in a Return Circumstance.
Electronic Notices and Transactions.
You authorize Guzu to provide you with terms and important notices about Guzu and your transactions to an email address you provide to us. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website. You can retrieve and review the User Agreement by clicking on the "Terms and Conditions" link at http://www.guzu.com/terms-and-conditions/.
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Guzu Websites and the Guzu Services, including all devices, Internet browsers and Internet access. If you access the Guzu Website and the Guzu Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
In no event shall Guzu, its directors, officers, employees, affiliates, agents or contractors be liable for any compensatory, direct, indirect, incidental, consequential or punitive damages, loss of data, income or profit, loss of or damage to property, or any claims of you or other third parties whatsoever with respect to your transactions with Guzu under this agreement. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless Guzu, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such an event, you agree to cooperate with our defense of such claim.
Correction of Errors and Inaccuracies.
The Guzu Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Guzu therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. Guzu does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Guzu reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Guzu Websites and/or the Guzu Services before the changes take effect. Your continued use of Guzu after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale, donation or recycling with Guzu, you reaffirm your acceptance of this Agreement. You are responsible for regularly reviewing this Agreement, located at http://www.guzu.com/terms-and-conditions/. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
Applicable Law and Venue.
This agreement and the terms of sale and transfer of title of your product are governed by and construed in accordance with New York law and to the extent applicable, the laws of the United States. No conflict of laws or provisions of any jurisdiction will apply to these terms and conditions. By clicking on the "accept" button below, you agree that any action at law or inequity arising out of or relating to these terms and conditions will be filed only in State or Federal Courts located in New York City, New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these terms and conditions. All disputes must be adjudicated in the English language.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email email@example.com.