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User Agreement

Glyde.com provides a Platform (as described below) for user through which transactions for the purchases and sales of mobile devices may be facilitated. The Glyde Platform provide a secure manner for buyers and sellers to communicate, and includes public comments, private comments, private messaging, or providing information for direct contact via email or phone. We do not allow the public exchange of private contact information such as email addresses or phone numbers.

This Transaction Policy, incorporated as part of Glyde's Terms of Service, sets forth your rights and obligations when transacting business using the Glyde.com website. By transacting business through the Glyde Platform, (also referred to as "we", "us", and "our") you also acknowledge that you have read and agree to be bound by Glyde's Terms of Service https://glyde.com/user-agreement) and Privacy Policy ( https:glyde.com/privacy-policy) and, (where applicable) that you have read and confirmed your consent to Glyde's GDPR Policy [https://glyde.com/privacy-policy].

All transactions completed through the Glyde Platform are subject to:

Seller Transaction Fees: Fifteen percent (15%) fee paid by the Seller, determined from the base price of the phone when a transaction is completed. This fee helps subsidize the services provided by the Platform and permits Glyde to offer free ground shipping and a 3-month limited warranty on eligible Devices.

Sellers are responsible for providing reasonable support for any issues related to the item sold. Sellers are not responsible for providing technical support beyond troubleshooting issues related to activation and standard operation of the device.

Definitions:

Glyde Platform. The applications, website, and associated services used to facilitate the purchase and sale of Devices ("Glyde Platform" or "Platform").

Devices. "Device" or "Devices" (also referred to as "Device(s)") means mobile telephones or other tablet type devices and related accessories. The term "Device or Devices" shall mean one or more mobile telephones or tablet type devices.

Inspection Period. Inspection Period means seventy-two (72) hours from the time Devices are received by Purchaser.

Glyde Connect App or Application. Glyde's mobile device diagnostic, customer service application, and iOS or Android Play Store or GooglePlay App.

Registered User. Registered user (also referred to as "you" "Buyer" or "Seller") means an individual or organization that has been authorized and issued credentials to transact business with the Glyde Platform, and has agreed to our Terms of Use [Privacy Policy [LINK https://glyde.com/privacy-policy], and this Transaction Policy.

Smart Contract. Where applicable and when available, Smart Contract means computer program code that is capable of facilitating and executing the performance of an Agreement to purchase or sell Device(s) and services using Glyde blockchain technology. Where the sale or purchase of Devices or related Device(s) and/or services is effectuated through a Smart Contract, the terms and conditions associated with Glyde's Terms of Service [LINK https://glyde.com/user-agreement] and this Transaction Policy shall apply.

Notice. Any notice required to be given pursuant to this Transaction Policy shall be given as follows:

Physical Mail Address: 11 Vreeland Road, Florham Park, NJ 07932

Email Address [email protected]

GENERAL PROVISIONS

Pretransaction Device Requirement. Any Device in connection with which the sale of such Device through the use of the Platform is contemplated is subject to evaluation by the Glyde Connect Application. Any Device must have the Glyde Connect Application be pre-installed or downloaded into that Device, and run prior to any offer to sell that Device. Once the Glyde Connect Application has been successfully run, and an offer to purchase that Device has been accepted, Seller must wipe the device prior to shipping.

Pricing. The offer price for any Device will be determined by the Seller, and offered for sale on the Platform only following the download, installation, running of the Glyde Connect App on that Device, and after the evaluation of the Device information sent to Glyde by the Glyde Connect Application.

Price. The price offered to Buyer includes all packaging, transportation costs to the Delivery Location, insurance, customs duties, and all applicable taxes. No increase in the price is effective, whether due to increased transportation costs, duties, taxes or any other unanticipated transaction cost imposed on or incurred by Seller.

Platform Fee. All transactions that takes place on the Platform are subject to Platform Fees as follows: All completed transactions are subject to a fifteen percent (15%) fee of the transaction amount. Any device which sell for sixty dollars ($60) or less is subject to an additional 10 dollar flat fee, regardless of transaction amount.

Payment. Payment of purchase price to Seller in connection with any transaction made through your use of the Glyde Platform shall be made through Stripe, PayPal, or Dwolla who process payments for Glyde. Where seller lists a device return policy, refund payments will be made on the first business day following the expiration of that Seller's device return policy.

Taxes. Seller shall be responsible for the payment of all taxes in connection with any purchases transacted through the Glyde Platform. Payment of applicable taxes and duties are Seller's responsibility.

Delivery. Seller shall deliver the Device(s) in the quantities and on the date specified in Seller's offer to Buyer (the "Delivery Date"). For purchases, ground shipping is covered by us, but Buyer may upgrade to USPS priority for an additional charge. Glyde will provide the shipping label via link to Seller, however, Seller shall at all time remain responsible for payment of shipping costs and securing the shipping label for Buyer in the event of a Device Return. Timely delivery of the Device(s) is of the essence. If Seller fails to deliver the Device(s) in full on the Delivery Date in connection with the Smart Contract between Buyer and Seller, either Seller or Buyer reserve the right to terminate this Agreement and cancel any Smart Contract by providing written or email notice. Seller and Buyer agree to and shall indemnify us against any Losses, claims, damages, and reasonable costs and expenses directly attributable to Seller's failure to deliver the Device(s) on the Delivery Date.

Delivery. Seller shall deliver the Device(s) as offered to through Seller's use of the Platform. Seller may not deliver, and we reserve the right to reject, Seller's listing for any Device that (i) has not had the Glyde Connect Application installed, run, and (ii) in connection with which Seller's offer to sell is not based on a Glyde Connect Application evaluation conducted prior to listing the Device(s) for sale.

Title. Title passes to Buyer upon Buyer's receipt of the Device(s) at the Delivery Location. Seller bears all risk of loss or damage to the Device(s) until delivery of the Device(s) to the Delivery Location.

Packaging. Seller shall properly pack, mark and ship Device(s) as instructed by Buyer and otherwise in accordance with applicable law and industry standards and shall provide Buyer with shipment documentation showing the transaction or smart contract identifier, Seller's name, and the air waybill or bill of lading number.

Inspection and Rejection of Non-Conforming Devices and Return Policy.

Buyer has the right to inspect the Device(s) with 72 hours of the Delivery Date. At its sole option, Buyer may inspect all or a sample of the Device(s), and may reject all or any portion of the Device(s) if Buyer discovers Device damage that exceeds the Device condition and image provided in a listing provided that a diagnostic is run on that Device withing the 72 hour inspection period. If Buyer rejects the Device(s), it has the option to: (a) rescind this Agreement and cancel any associated Smart Contract in its entirety; or (b) reject the Device(s) and require replacement of the rejected Device(s).

If Buyer requires replacement of the Device(s), Seller shall, at Seller's expense, within 14 days, replace the nonconforming Device(s) and pay for all related expenses, including but not limited to transportation charges for the return of the defective Device(s) and the delivery of replacement Device(s) to the Buyer at the Delivery Location. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under this Agreement, and Buyer has the right to conduct further inspections after Seller has carried out its remedial actions.

SMART CONTRACT EXECUTION AND PAYMENT TO SELLER

THE SMART CONTRACT ASSOCIATED WITH THE SALE OF ANY DEVICE SHALL EXECUTE AUTOMATICALLY UPON THE EXPIRATION OF 72 HOURS OF RECEIPT OF DEVICE BY BUYER.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, HOWEVER, IF BUYER INITIATES A DISPUTE IN CONNECTION WITH BUYER'S PURCHASE OF A DEVICE WITHIN THE INSPECTION PERIOD, BUYER MUST LOG INTO BUYER'S ACCOUNT AT [LINK] AND SUBMIT A DISPUTE FORM. RECEIPT OF A DISPUTE FORM THROUGH [LINK] WILL NULLIFY THE ASSOCIATED SMART CONTRACT, WHICH WILL NOT BE EXECUTED. AND FOLLOWING WHICH GLYDE WILL RESOLVE ANY DISPUTE IN ITS SOLE DISCRETION.

REFUND PROCESS

IF GLYDE AUTHORIZES RETURN OF DEVICE TO THE SELLER, BUYER MUST SHIP DEVICE TO SELLER WITHIN 72 HOURS OF BEING PROVIDED WITH A PREPAID SHIPPING LABEL BY GLYDE. BUYERS WHO FAIL TO COMPLY WITH THIS REFUND PROCESS WITHIN 72 HOURS MAY FORFEIT ANY REFUND. REFUNDS WILL BE PROCESSED WHEN GLYDE RECEIVES CONFIRMATION OF DEVICE RETURN FROM SELLER.

SELLER OBLIGATIONS:

  • Seller agrees to ship within two business days of receiving order confirmation.
  • Standard shipping costs (ground shipping with tracking and insurance in the same country) is included in listed price.
  • Seller agrees to ship using the shipping method directed by Glyde.

WHEN SELLER MAY VOID SALE

  • Device sales transacted through the Glyde Platform are legally binding. However, SELLER may void a sale only on the following conditions:
  • Full payment is not received from the buyer.
  • Buyer does not meet stated, required criteria for buying. Seller advertises US-only shipping and the buyer is in a different country.
  • Seller may void a sale if they suspect fraud on the part of the buyer; if Seller suspects, Seller fraud the seller must notify Glyde immediately at [email protected].

SELLER MAY NOT VOID A SALE FOR SELLER'S FAILURE TO INCLUDE SHIPPING COSTS.

Additional Return and Refund Provisions

All returns must comply with Glyde's site-wide policies. [https://glyde.com/FAQ]

IF ANY DEVICE IS REJECTED ON THE BASIS OF AN EXISTING CONDITION THAT ARISES AFTER BUYER MAKES AN OFFER TO SELLER AND SUCH EXISTING CONDITION RENDERS THAT DEVICE NON-CONFORMING, BUYER MUST NOTIFY SELLER AND GLYDE BY EMAIL WITHIN SEVENTY-TWO (72) HOURS.

IN NO EVENT SHALL GLYDE BE RESPONSIBLE OR LIABLE AT LAW OR IN EQUITY IF IT DETERMINES IN ITS SOLE DISCRETION THAT EITHER BUYER OR SELLER HAS ENGAGED IN ACTS OF FRAUD CONNECTION WITH ANY DEVICE TRANSACTION EFFECTED THROUGH OUR SITE

,ANY SMART CONTRACT ASSOCIATED WITH SUCH NON-CONFORMING DEVICE OR DEVICES WILL FREEZE (NOT EXECUTE), AND SELLER WILL NOT BE PAID, UNTIL SUCH TIME AS EITHER (i) CONFORMING DEVICE(S) OR DEVICES ARE RECEIVED BY BUYER FROM SELLER OR (ii) SELLER AGREES TO A NEW OFFER PRICE AND NEW SMART CONTRACT FOR THE NON-CONFORMING DEVICE(S) BASED ON EVALUATION FOLLOWING EVALUATION BY THE GLYDE CONNECT APPLICATION.

IF SELLER DOES NOT AGREE TO REPLACE NON-CONFORMING DEVICE(S) WITH CONFORMING DEVICE(S) WITHIN SEVENTY-TWO (72) HOURS OR ACCEPT THE NEW OFFER PRICE FOR NON-CONFORMING DEVICE(S), SELLER MUST ARRANGE FOR RETURN SHIPPING AT SELLER'S OWN RISK AND EXPENSE. IF WITHIN SEVEN (7) DAYS SELLER DOES NOT ARRANGE FOR RETURN SHIPPING, SELLER AGREES TO THE NEW OFFER AND BUYER WILL RETAIN THAT DEVICE AND PAY THE NEW OFFER PRICE THROUGH A NEW SMART CONTRACT.

WHERE A CLAIM OF DEFECT OR NON-CONFORMANCE REMAINS UNRESOLVED BETWEEN BUYER AND SELLER FAIL WITHIN 7 (SEVEN) DAYS, THE SMART CONTRACT ASSOCIATED WITH THAT DEVICE WILL BE CANCELLED AND THE BUYER WILL BE REFUNDED THE FULL DEVICE PURCHASE PRICE.

Limited Warranties. Seller warrants to us that all any Device offered to Buyer by Seller through the Platform will conform to the evaluation performed by the Glyde Connect Application upon which any offer to purchase that Device from Seller was made, and that the Device shall be free and clear of all liens, security interests, or other encumbrances. These warranties survive any delivery, inspection, acceptance, or payment of or for the Device(s) by Seller. These warranties are cumulative and in addition to any other warranty provided by law or equity. Any applicable statute of limitations runs from the date of our discovery of the noncompliance of the Device(s) with the foregoing warranties.

When you purchase a Device, we warrant the Device against defects in materials and workmanship under ordinary consumer use for ninety days from the date of Buyer activates and successfully completes a diagnostic session for that Device. During this warranty period, if a defect arises in the Device, and you follow the instructions for returning the Device, we will at our option, to the extent permitted by law, either (i) repair the Device using either new or refurbished parts, or (ii) replace the Device with a like kind and quality Device equivalent to the Device to be replaced. This limited warranty applies, to the extent permitted by law, to any repair, replacement part or replacement device for the remainder of the original warranty period or for thirty days, whichever period is longer. This limited warranty applies only to hardware components of the Device that are not subject to accident, misuse, neglect, fire or damage from other external causes, alteration, repair, or commercial use.

Compliance with Law. Seller is in compliance with and shall comply with all applicable laws, regulations, and ordinances. Seller has and shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under this Agreement.

General Indemnification. Seller shall indemnify, defend and hold Glyde, its affiliates, officers, directors, employees, agents, successors and permitted assigns] (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by Glyde in a final, non-appealable judgment (collectively, "Losses"), relating to/arising out of or resulting from any claim of a third party arising out of or occurring in connection with the products purchased from Seller, or arising out of or occurring in connection with Seller's negligence, willful misconduct, or breach of this Agreement. Seller shall not enter into any settlement without Glyde's prior written consent.

Intellectual Property Indemnification. Seller shall, at its expense, defend, indemnify, and hold us harmless against any and all Losses arising out of or in connection with any claim that our use or possession of the Device(s) infringes or misappropriates the patent, copyright, trade secret or other intellectual property right of any third party. In no event shall Seller enter into any settlement without our prior written consent.

BUYER AND SELLER EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLYDE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, "GLYDE PARTY OR PARTIES") SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OR FAILURE OF ANY WARRANTY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE SALE OF YOUR DEVICE OR THESE TERMS, INCLUDING WHETHER OR NOT A GLYDE PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLYDE PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE SALE OF YOUR DEVICE THROUGH THE PLATFORM OR THIS LIMITED WARRANTY WILL NOT EXCEED THE VALUE OF THE DEVICE.

Some states, provinces or territories do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

Entire Agreement. This Agreement, together with our Terms of Service Privacy Policy [LINK https://glyde.com/privacy-policy], and, where applicable, our GDPR Consent [LINK https://glyde.com/privacy-policy] constitutes the sole and entire agreement between you and Glyde, and supersedes all prior and contemporaneous understandings, agreement, representations and warranties, both written and oral.

Severability. If any term or provision of this Agreement is deemed or held invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. If any fundamental term or provision of this Agreement is deemed or held to be invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable, and any Smart Contract associated with this Agreement shall be canceled and rendered null and void.

Waiver. No waiver by any us of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by us. Except as otherwise set forth in this Agreement, no failure by us to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Assignment. Neither this Agreement, nor any of the rights and obligations hereunder, may be assigned by Seller or Buyer, without the prior written consent of Glyde. Any purported assignment, transfer, delegation or subcontract by Buyer or Seller in violation of this Section shall be null and void. Glyde may at any time assign, transfer, delegate or subcontract any or all of its rights, or obligations under this Agreement without Buyer's or Seller's prior written consent.

No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

Choice of Law. You agree to resolve any claim, cause of action or dispute (together a "claim") you have with us arising out of or relating to this Transaction Policy. You further agree that the laws of the state of New Jersey will govern this Transaction Policy as well as any claim that may arise between you and us, without regard to conflict of law principles. In any dispute arising under this Transaction Policy [LINK], the prevailing party will be entitled to reasonable attorneys' fees and expenses.

Arbitration and Class Action Waiver. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, OUR TRANSACTION POLICY, OUR PRIVACY POLICY, YOUR USE OF THE PLATFORM, FEES OWED, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN NER JERSEY UNDER THE STREAMLINED ARBITRATION RULES AND PROCEDURES ("RULES") OF JAMS THEN IN EFFECT, BY ONE COMMERCIAL ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING INTELLECTUAL PROPERTY AND COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF JAMS ARBITRATORS IN ACCORDANCE WITH SUCH RULES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.

YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS, IF WE ARE A PARTY TO THE PROCEEDING.

This section will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with the ToS.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of Platform, the ToS, or the Transaction Policy must be filed within one (1) year after such claim or action arose or be forever banned.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. This section will otherwise survive the termination of your relationship with us.

Force Majeure.

Any delay or failure of Buyer or Seller to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Buyer or Seller's control, without fault or negligence and that by its nature could not have been foreseen by Buyer or Seller or, if it could have been foreseen, was unavoidable (which events may include natural disasters, embargoes, explosions, pandemics, riots, wars, cyberattacks, acts of terrorism – including cyberterrorism, strikes, labor stoppages or slowdowns or other industrial disturbances, and shortage of adequate power or transportation facilities). Seller's financial inability to perform, changes in cost or availability of materials, components or services, market conditions or supplier actions or contract disputes will not excuse performance by Seller. Seller shall give Buyer and Glyde prompt written or email notice of any event or circumstance that is reasonably likely to result in a Force Majeure Event, and the anticipated duration of such Force Majeure Event. Seller shall use all diligent efforts to end the Force Majeure Event, ensure that the effects of any Force Majeure Event are minimized and resume full performance under this Agreement.