LivDao Service Agreement
LivDao Service Agreement
Date of Last Revision: May 2021
This LivDao Service Agreement (this “Agreement”) shall govern and apply in all respects to the services LivDao Inc. (“LivDao” or “we”) provides for second-handed furniture owners (“Owners” or “You”). Each of You and LivDao are individually referred to herein as a “Party” and, collectively, as the “Parties.”
LivDao’s One-Stop Furniture Sale Service for Sellers
- LivDao provides a One-Stop Furniture Sale Service (“Furniture Sale Service”) for sellers (“Sellers”) who want to re-sell their furniture (furniture for sale and for trade-in hereby collectively as “Item”).
- Seller shall submit the request to sell (“Request to Sell”) according to LivDao’s specified requirement listed on the Site. The Request to Sell must include all information and photos required by LivDao as listed on the Site, including Seller’s desired listing price.
- LivDao shall review the Request to Sell and notify the Seller of LivDao’s decision to approve or reject such Request within two business days.
- Upon LivDao’s first approval, Seller shall select preferred pickup date, and shall pay pickup fee if applicable.
- Upon LivDao’s first approval, LivDao shall ensure the third-party professional delivery company (“Delivery Team”) inspects the Item on the S
- Seller shall ensure the Item is remained AS IS for inspection. Seller shall not dissemble the Item before the inspection.
- Upon Delivery Team’s final approval, the Delivery Team will dissemble, pick up the Item, and deliver the Item to LivDao’s warehouse (“Warehouse”).
- After LivDao receives the Item, LivDao shall conduct a professional cleaning for the Item and list the Item for sale on LivDao’s Sites with Seller’s desired listing price.
- Seller will not be responsible for customer service, advertisement, or delivery of the Item.
- Prior to the Item’s sale, Seller can reset the Item’s desired listing price by sending an email request to LivDao’s customer support.
- LivDao shall send the Seller all the sale proceeds within seven business days after LivDao receives the proceeds, through LivDao’s third party payment processing system, minus any applicable fees.
- [Seller has the option to leave a special message to the next owner of your furniture.]
Seller’s Storage Fee
- Seller shall pay LivDao a monthly storage fee (“Storage Fee").
- LivDao starts to calculate the Storage Fee once the Item is picked up by the Delivery Team.
- The Storage Fee will be charged every month through LivDao’s third party payment processing system. If in one monthly billing cycle, the storage period is less than 30-days, Seller shall pay half of the Storage Fee for that month.
- If the Seller decides not to continue to sell the Item with LivDao, the Seller may pay the remaining Storage Fee due and pick up the Item at the Warehouse.
LivDao’s Removal Service for Furniture Trade In.
- Furniture owners (“Trade-in Users”) can trade in furniture in exchange for a free removal service of the furniture (“Removal Service”).
- Trade-In User shall submit the request for Removal Service (“Request for Removal Service”) according to LivDao’s requirements listed on the Site. The Request for Removal Service must include all information and photos required by LivDao as listed on the Site.
- LivDao shall review the Request for Removal Service and notify the Trade-In User of LivDao’s decision to approve or reject such Request within two business days.
- Upon LivDao’s first approval, LivDao shall ensure the Delivery Team inspects the Item on the Site.
- Trade-in User shall ensure the Item is remained AS IS for inspection. Trade-in User shall not dissemble the Item before the inspection.
- Upon Delivery Team’s final approval, the Delivery Team will provide the Removal Service by dissembling and removing the Item.
- Once the Removal of an item has been completed, LivDao will be considered the owner of the item, and title to the Item will be vested in LivDao. The Trade-In User will have no further right, title or interest in the Item, including the right to reverse the transfer and get the item back from LivDao.
- Cancelling Your Request prior to Pickup. You may cancel Your Request to Sell and Your Request for Removal Service at any time prior to its initial approval. For all approved Requests, You may freely cancel Your Request two days prior to the scheduled pickup date. If the “two-day” window has passed, You may cancel Your service order by paying a $40 restocking charge per item.
- LivDao shall pick up the Item on a mutually agreed-upon pickup date (“Pickup Date”).
- You may cancel or reschedule a pickup at any time prior to forty-eight (48) hours before the scheduled Pickup Date. For example, if You schedule a Pickup Date on a Friday, in order to cancel that pickup, You must notify LivDao of Your cancellation no later than 5:00 PM ET on the preceding Wednesday.
- It is Your responsibility to provide LivDao with all material information relevant to the pickup of an Item, regardless of whether the questions on the Site specifically ask for that information. While LivDao has done its best to ask for all of the necessary information for pickup, and if any important information about the pickup is not specifically requested on the Site, it is Your responsibility to proactively, and in a timely, accurate and complete fashion, inform LivDao of that information.
- If a scheduled pickup is not completed because of something You do or fail to do, LivDao will have the right to charge You a "Failed Pickup Fee" of $40.00 per Item. The Failed Pickup Fee will be charged even if the order initially qualified for free pickup. For example, if You fail to cancel a pickup at least forty-eight (48) hours prior to the scheduled Pickup Date, or if LivDao is unable to pickup an Item because You did not accurately describe the pickup location or include all necessary pickup details when arranging for the pickup of an Item (such as failing to indicate that there is no elevator in the building when the pickup is from an upper floor), LivDao may charge You a Failed Pickup Fee.
- LivDao has the right to refuse to take any Item at any time, including following the inspection of such Item by its Delivery Team during a Pickup. LivDao is not required to provide a reason for its decision not to take an item. In that case, LivDao’s Delivery Team will not perform Removal Service for the Trade-In User.
- If You had provided the description or photos of the item do not accurately represent the item or its condition at the time of Pickup, LivDao has the right to charge a Failed Pickup Fee as compensation for its time and expense.
- You hereby grant the right to photograph or record an Item during pickup, as required by LivDao’s internal inspection and pickup policies.
- Notice to Building Owner and Manager. You hereby grant LivDao and its Delivery Team the right to enter Your apartment or office for purposes of picking up the Item(s) pursuant to this Agreement. You hereby authorize and request that family members, agents, employees, servants, landlord, and building management fully cooperate with LivDao's pick up of an Item. You agree to hold such persons harmless for any action resulting from such entry. You hereby authorize LivDao to present this Agreement as proof of Your grant of permission to LivDao.
Your Representations and Warranties. You represent and warrant to LivDao as follows:
- You have the full right, power and authority to enter into this Agreement and to perform its obligations hereunder.
- No claims, liens or actions exist or are threatened that would interfere with Your ability to fully perform under this Agreement.
- This Agreement does not violate and is not otherwise limited by any other agreement to which You are a party.
- Any information You may provide to LivDao through the Site or otherwise regarding You or otherwise, is accurate and complete and, to the extent applicable, will be provided in a timely manner.
- You are the owner, or the duly appointed agent of the owner, of each Item, and there are no liens, mortgages, security interests or other encumbrances affecting the item in any way.
- Your description of the Item that it provides through the Site is accurate and complete and includes any material defect that may not be immediately apparent to an individual inspecting the Item for a brief period of time.
- You did not provide any pictures of the Item that have been edited or altered in anyway so as to obscure or alter the appearance of the Item or any part of the Item or to otherwise materially misrepresent the Item or its condition.
LivDao’s Representations and Warranties. LivDao represents and warrants as follows:
- LivDao has the full right, power and authority to enter into this Agreement and to perform its obligations hereunder.
- No claims, liens or actions exist or are threatened that would interfere with LivDao’s ability to fully perform under this Agreement.
- This Agreement does not violate and is not otherwise limited by any other agreement to which LivDao is a party.
- If LivDao requests proof about Your ownership of the Item and the Item’s Title, You shall promptly provide such proof. If You fail to provide such proof promptly after it is requested by LivDao, LivDao may, at its sole option, declare this Agreement to be null and void, and of no further force or effect. In such instance, LivDao may return the Item as-is with no additional liabilities or obligations whatsoever, including any damage to the Item or any need to replace the Item. If at any time, another party provides credible evidence that he, she or it and, not the Seller or Trade-In User, was and should still be the owner of the Item, then, in addition to its indemnification obligations hereunder, the Seller and Trade-In User shall be responsible for any and all costs and expenses involved in returning such Item to such third party (including any repair, any cleaning, and/or refurbishment that LivDao, in its sole discretion, determines is appropriate) or, if LivDao so decides, replacing such Item for such third party.
- The Seller acknowledges and agrees that LivDap has no obligation to sell an Item. LivDao will have the right to advertise, promote or market an Item in its sole discretion and in so doing may describe an Item in any manner it chooses to do so.
- LivDao has the right to assign or delegate any of its rights and/or responsibilities under this Agreement to one or more affiliates and/or third parties.
- Disclaimers and Limitations on Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF LIVDAO TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE SELLER AND TRADE-IN USER EXPRESSLY AGREE THAT THE SALE AND TRADE-IN OF AN ITEM IS AT THE SELLER’S (TRADE-IN USER’S) SOLE RISK. IN NO EVENT SHALL LIVDAO OR ITS SUBSIDIARIES OR AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES (“AFFILIATED ENTITIES”) BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES, EVEN IF LIVDAO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RESULTING FROM ANY TRANSACTION CONDUCTED OR CONTEMPLATED WITH LIVDAO. THE MAXIMUM LIABILITY OF LIVDAO AND ITS AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT WILL BE THE TOTAL AMOUNT, IF ANY, PAID OR PAYABLE TO THE SELLER (OR TRADE-IN USER) FOR AN ITEM. IF THE SELLER (OR TRADE-IN USER) RESIDES OR IS LOCATED IN A JURISDICTION WHOSE LAWS PREVENT THE SELLER (OR TRADE-IN USER) FROM TAKING FULL RESPONSIBILITY AND RISK FOR AN ITEM, ANY SALE OR SERVICE PROVIDED IN CONNECTION WITH AN ITEM OR ANY TRANSACTION WITH LIVDAO IN CONNECTION WITH AN ITEM, LIVDAO’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
LivDao Service Agreement was last updated in May 2021