Terms of Service
Effective from: September 2022
1. Welcome to Tutulist
1. Tutulist operates as both an online market and a social media-inspired peer-to-peer marketplace, which allows you to buy and sell items using the Tutulist website (the “Service”). You can search for items, log-in to your profile and view other profiles via the website.
2. The Service is operated by Tutulist LLC, a limited liability company registered in Utah under company. Our office is located at 1580 S 500 W, Suite 100, Salt Lake City UT 84124 (“we”, "our, or “us”).
2. Your Relationship With Us
1. This document and any documents referred to within it (collectively, the “Terms of Service”) set out the terms of your relationship with us. This service cannot and should not be used without reading and fully understanding the Terms of Service. If there is anything within them that you do not understand, then please contact us at email@example.com.
2. By setting up an account with us and/or using and accessing the Service, you agree to and accept and follow the rules and guidelines set forth by these Terms of Service in their entirety. If you do not agree to these Terms of Service, the Service must not be utilized. If you agree to these terms, you are also agreeing that you have the authority to do so.
3. Information About You and Your Privacy
4. Setting Up an Account
1. To access our Service, you must register with us and set up an account with a username and password. This is henceforth known as your “Account”. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
3. In the event that your account is temporarily or permanently suspended, the services of Tutulist will not be available to you. Tutulist has the right to refuse access to the Service or terminate the account of any User. This is done as Tutulist deems appropriate, or for no reason at all.
4. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at firstname.lastname@example.org.
5. Tutulist Marketplace and Payments
1. Our Service allows you to buy and sell items in an easy and fun way. You can find out more information about our Service and its features here. (link to FAQs)
2. There are two ways you can sell your items through our Service. The first is by sending your items into Tutulist HQ to be listed and sold. Tutulist pays you directly for these items and sells items at our discretion. This method of selling is referred to as Selling via Encore Envelope. The second way to sell your items is by publishing pictures of the item you want to sell (“Sale Item”). This method of selling is called Dancer 2 Dancer (D2D). When a user of the Service purchases such Sale Item, this is a “Sale Transaction”.
3. Payment for transactions must take place via one of our third party payment providers, Tutulist Payments via Stripe or PayPal.
4. In order to list an item for sale on Tutulist, you must sign up to Tutulist Payments via Stripe and connect a verified PayPal account to your Account.
5. To use Tutulist Payments via Stripe to make or receive payment, you will be subject to the Stripe Connected Account Agreement and the Stripe Services Agreement. In order to sign-up to Tutulist Payments via Stripe, you must agree to a Direct Debit mandate with us. The mandate authorizes Tutulist to debit your bank account by using the NACHA (National Automated Clearing House Association) if, for example, the net activity in your account on a day is negative or we need you to fund your account for any other reason relating to the Stripe Connected Account Agreement. We will do so in accordance with our Direct Debit Policy.
6. If we need to reimburse a buyer because your Tutulist Payments account is in negative balance, you will be required to repay us for this amount and a debt will be created for the amount that you owe us for the refund. We will try to collect this amount from your bank account under our Direct Debit mandate. Whilst your Tutulist Payments account is in negative balance, Tutulist may suspend or terminate your access to the Service in accordance with section 8 of these Terms of Service.
7. To use PayPal to make or receive payment, you will need a PayPal account. If you are under 18 and plan to use a parent or third party’s PayPal account, you must have express permission to use that PayPal account each time you make a transaction on our Service.
8. Requesting, making or accepting payment for an item in any other way is a serious breach of the Terms of Service. Doing this is dangerous and unethical and may result in us suspending or terminating your access to the Service in accordance with section 8 of these Terms of Service.
9. Please see here link to d2d seller for more information about the fees we charge sellers for using our Services, as well as information about fees for PayPal and Tutulist Payments via Stripe.
10. We want our Service to be a positive experience for our users and we ask that you are honest and honor the commitments you make to another user in respect of the swap, sale or purchase of a Sale Item.
11. Any D2D agreement for and/or purchase of a Sale Item is made solely between you and the seller. The application may include functionality for suggesting more effective selling, such as discounting Sale Items, but Sellers have, at all times, total discretion to set prices. Complaints, questions and claims related to a Sale Item should be directed to the seller. Where users cannot resolve issues relating to a Sale Transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process. You can find out more about our dispute resolution procedure at section 15 of these Terms of Service.
12. D2D transactions: Only Sale items in the Tutulist Encore Collection are sold by Tutulist. All other items on the platform are sold by other sellers. When we are not the seller, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Sale Items, the truth or accuracy of any picture or description of the Sale Items or any other content made available by users, the ability of sellers to sell Sale Items, the ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the Sale Item, and we have no liability in this respect. Sellers are responsible for ensuring that any age-restricted Sale Items are marked clearly with the applicable age restriction (as required by law) and Buyers agree that they shall not attempt to purchase Sale Items if they are younger than the advertised and legal age restriction.
6. Service Rights
1. The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the Tutulist application and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service.
2. Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.
3. Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “Tutulist” name, or any of the “Tutulist” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to Tutulist.
4. These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licenses in respect of Tutulist’s materials and content, the Service, Tutulist name and/or trademarks, other than as set out in these Terms of Service.
7. Your Content
1. You confirm that images, sounds, text or information that you submit or create (“User Content”) while using the Service will meet the Rules of Acceptable Use.
2. You grant us a worldwide, non-exclusive, royalty-free, irrevocable and perpetual license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-licence, assign, transfer and exploit the User Content (including any intellectual property rights therein) anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business.
4. We do not check or moderate any User Content before it is added to the Service by users. We may later check, moderate, reject, refuse or delete any User Content if we think that it breaks any of the Rules of Acceptable Use, or we believe it is against the ethos of Tutulist.
5. User Content removed from the Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations. Therefore we encourage you to maintain your own backup of your User Content and you agree that you will not rely on the Service for the purposes of User Content backup or storage. To the extent permitted by applicable law, we shall have no liability for any loss of User Content.
8. Rules of Acceptable Use
1. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).
2. You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
3. Except as otherwise required by law, you are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through our Service. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this section 8(3).
4. When using the Service you must not:
Create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise).
Give any false or misleading information in your Account details.
Permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorized by you.
Use the Service if we have suspended or banned you from using it.
Send junk, spam or repetitive messages.
Engage in any illegal or unlawful conduct including selling or intentionally purchasing any fake or counterfeit items or any item that otherwise breaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of Sale Items (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a Sale Item where the seller is a business).
Modify, interfere, intercept, disrupt or hack the Service.
Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
Collect any data from the Service other than in accordance with these Terms of Service.
Submit or contribute any User Content (including comments and descriptions relating to Sale Items) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as Tutulist may decide in its absolute discretion.
Unfairly or unlawfully interfere or manipulate any ratings system or user feedback system.
Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing).
Offer to sell or buy any of the items we list as prohibited items *link to FAQ with discouraged items* - items - Tutulist has a zero tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.
Purchase or sell a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than PayPal or Stripe (if applicable) available through the Service.
Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us (as specified in section 11).
Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
Mine data, screen scrape or crawl any part of the Service.
Disassemble, decompile or reverse engineer any part of the Service.
Adapt, copy, vary, edit, distribute or commercialize any content in the Service without the prior written consent of Tutulist.
Circumvent any technical measures implemented to protect or provide the Service.
Use any third party’s PayPal account unless you have express permission from them to do so.
Use the service to drop ship
5. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):
Immediate, temporary or permanent withdrawal of your right to use our Service;
Immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed on the Service);
Issuing of a warning to you;
Legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Sale Items listed on the Service) without notice to you.
The responses described in section 8.5 are not limited, and we may take any other action we reasonably deem appropriate.
9. Notice and Right to Take Down Policy
1. Any person may contact us by sending us an “Infringement Notice” if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent either by mail to Tutulist LLC, 1580 S 500 W Suite 500, Salt Lake City, UT 84115 or by email to email@example.com. Please provide the information described below in the Infringement Notice:
your name and contact details;
a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
a link to, screenshot, or such other means of identifying the problematic content.
2. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
10. Advertisements on the Service
11. Seller Commission
1. The seller of any Sale Item will pay us a commission on the total transaction amount received by the seller in respect of any Sale Transaction (the “Commission”). If the Commission payable is less than our minimum Commission, then the seller will be required to pay the minimum Commission. Details of this fee are *link to FAQ*
3. Our Commission will be deducted from your PayPal account or the funds transferred to you via Stripe (whichever is applicable).
4. We will provide the seller of the Sale Item with an invoice detailing the Commission.
12. Terminating Our Relationship
1. If at any time you decide you can no longer agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
2. If you wish to end your use of the Service, please contact us at firstname.lastname@example.org from the email address linked to your account and ask us to deactivate your Account. Where such a request comes from someone who is not the account holder, we may ask you to provide proof of who you are and your relationship to the User in question, and any other documents we may reasonably require.
3. We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Service.
4. We may also withdraw the Service for any reason, without notice, at any time and without any liability to you. For example, if your account is inactive for more than a period of time we may temporarily deactivate your listings until you login and reactivate.
5. If you or we end your use of the Service or we withdraw the Service as described in this clause, we may delete or modify your User Content, Account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. We will not offer you compensation for any losses. You should note that even if your Account is deactivated, some of your data may persist and appear within the Service, for example where your User Content has been re-shared by others.
13. Our Liability and Responsibility to You
1. You alone decide whether to precede listing or purchasing of a Sale Item. As such, we make no commitments regarding the Sale Items including the quality or delivery of the Sale Items, or for honoring (or causing any seller to honor) any erroneous information regarding the price, description and availability of, or any information relating to any Sale Items promoted or available through our Service, or the ability of the buyer to complete any purchase of the Sale Items.
2. Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
3. Tutulist is not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Service.
4. You may be able to access third party links/websites/products via the Service. Tutulist is not responsible or liable for any third party links/websites/products which may be accessed by you at your sole option. Your access to and use of such third party links/websites/products and services shall be solely at your own risk and subject to your acceptance and compliance with the separate terms and conditions of such third party.
5. To the maximum extent permitted by the law, our total responsibility for any claims relating to a Sale Transaction is limited to the Commission payable in connection with that Sale Transaction.
6. For any other claims arising out of the provision of the Service (including without limitation any dispute between users where this does not fall within paragraph 5 above, in relation to any content you access via the Service, or any other user you interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise), except where we cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by our negligence).
7. We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.
14. Your Responsibility to Us
1. If Tutulist is sued due to an action or inaction by you (including a breach of these Terms of Service) then we have the right, at our discretion, to request that you indemnify us (i.e. cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. Where we decide to conduct the defense of such a claim, you agree to assist us as reasonably requested.
15. Resolving Disputes
Disputes with us
1. If you have a dispute with us relating to the Service, in the first instance please contact us via email@example.com and attempt to resolve the dispute with us informally.
Disputes with other users relating to a Sale Transaction
1. If you use PayPal or Tutulist Payments via Stripe to pay for a Sale Item or receive any money for a Sale Transaction you may be eligible for Buyer or Seller Protection, details of which are available below.
2. All purchases/sales made outside of Tutulist are against our Terms of Service and are not covered by Buyer or Seller Protection.
3. If: a) as a buyer your Sales Item has not arrived, or if what you received is significantly not as described or faulty, or b) as a seller you are sent an unauthorized payment, or a buyer claims they didn’t receive their Sale Item, you can report the issue to us within 180 days and we will reply to you with instructions on how to proceed. Please make sure you report the issue as set out in paragraph 8 below in order to guarantee a prompt reply. *To submit a ticket in FAQs link*
4. Please know that in regards to any kind of buyer or seller protection, we can only accept tracking codes as valid proof of delivery (a tracking code that can be verified online - this does not include USPS reference numbers unless this records actual delivery), and that the cost of returning the Sales Item cannot be refunded.
Transactions via PayPal - Buyer and Seller Protection:
In order to be eligible for PayPal Buyer or Seller Protection, you must: a) purchase/sell the Sale Item on site using PayPal, and b) report the transaction issue to PayPal within 180 days from the date of purchase/sale. Buyer or Seller Protection applies only if these conditions are met. non-material goods, prohibited items and meet-in-person transactions are not covered by PayPal Buyer or Seller Protection.
5. If PayPal verifies that the Sales Item was not received or was significantly not as described, you may be entitled to a refund under Buyer Protection. If the Sales Item is significantly not as described, PayPal will ask you to return it to the seller before refunding you. If the Sales Item is found to be counterfeit, PayPal will ask you to destroy it.
6. Sellers using PayPal: If PayPal verifies the circumstances of your claim, then you may be covered for the amount of the Sale Item on eligible sales
7. PayPal’s investigation of disputes is subject to the PayPal Terms of Service to which you will have agreed when setting up your PayPal account, so you should check these.
Tutulist Payments via Stripe – Tutulist Buyer and Seller Protection:
8. In order to be eligible for Tutulist Buyer or Seller Protection, you must: a) purchase/sell the Sale Item on site using Tutulist Payments via Stripe, and b) report the transaction issue to Tutulist within 45 days from the date of purchase/sale. Tutulist Buyer or Seller Protection applies only if these conditions are met.
Tutulist Buyer Protection
9. To qualify for Tutulist Buyer Protection, you must be able to prove that a) you bought the Sale Item with Tutulist Payments via Stripe, and b) the Sale Item did not arrive OR was materially and significantly different to the description thereof OR the Sale Item was counterfeit. Tutulist. If we find that the above criteria is fulfilled, subject to you returning the Sale Item where requested (tracked delivery), you will receive a full refund of the Sale Item from the Seller.
Tutulist Seller Protection
10. To qualify for Tutulist Seller Protection, you must be able to prove that a) you sold the Sale Item via Tutulist Payments via Stripe, b) you shipped the order with tracking to the address provided on the Tutulist receipt *Add to FAQs* 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 Tutulist emails relating to such Sale Item within the requested period and d) the Sale Item materially and significantly conformed to the description thereof in your shop. As a Seller, non-material goods, prohibited items and meet-in-person transactions are not covered by Tutulist Seller Protection.
11. Where Buyer and Seller cannot agree on a resolution, Tutulist will try to mediate a resolution between you and the Buyer. If we find that the Buyer was correct in that the Sale Item was not as described or was not delivered, subject to the Buyer returning the item to you, you agree to refund the full sale price of the Sale Item and where you fail to do so, you hereby give Tutulist permission to do so on your behalf.
12. If a chargeback is raised against you as Seller, Tutulist will ask you to provide evidence of shipping and that the Sale Item was as described in the original listing, within 3 calendar days. If you do not respond within the timeframe and/or we believe the Buyer to have validly initiated the chargeback, we will activate a refund for the Buyer of the value of the Sale Item in question and a $15.00 chargeback *Add to FAQs* fine will be deducted from your Tutulist Payment account. If Buyers are making regular chargebacks from you as a Seller, then we may investigate your account and your compliance with these terms of service. This may result in suspension of your account.
13. Should you decide to appeal any decision Tutulist has made under this section of the terms, then please contact us. Be aware that we will only consider appeals where you can supply new evidence to support your case.
1. The seller is responsible for the shipment of the Sales Item to the buyer.
2. The seller must use tracking for all Sale Items shipped to the buyer.
17. Changes to the Service
1. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Service.
2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service “changes to the Service”. These changes to the Service may affect your past activities on the Service, features that you use and your User Content “Service Elements”. Any changes to the Service could involve Service Elements being deleted or reset.
3. You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service or deactivate your Account by contacting us at firstname.lastname@example.org from the email address linked to your account with the request to close your account.
18. Changes to These Terms of Service
1. We may revise these Terms of Service from time to time and any changes will take effect after 3 days of any notification email sent to you notifying you of any changes, or at the time the revised Terms of Service are posted (whichever is the earlier) and your continued use of the Service shall constitute acceptance of such revised Terms of Service.
2. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
3. We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
4. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
19. Documents that apply to our relationship with you
1. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply effective immediately upon replacement.
2. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
3. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
20. Abiding by the Law and General Provisions
1. As we are based in the state of Utah in the United States and apply to all disputes and the interpretation of these Terms of Service. These Terms of Service do not exclude any mandatory legal rights you may have or obligations Tutulist may have in your country of residence, where Tutulist is not allowed to exclude such as a matter of law.
2. We may assign any of our rights and obligations under these Terms of Service.
3. These Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and Tutulist.
4. Tutulist will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances Tutulist will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Service and Tutulist’s other commitments.
5. No third party or (except, where applicable, the permitted assign of Tutulist) is entitled to the benefit of these Terms of Service under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
21. TOS Contact, Feedback and Complaints
1. If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please contact by emailing email@example.com.
2. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.