Terms & Conditions
Escroue.com ("Escroue.com" or “ESCROUE.COM” or “we” or “us”) offers Escroue.com services globally, with Register in the UK. In all other jurisdictions, services are provided by Internet Escroue.com Services Inc., doing business as Escroue.com, a Manchester corporation.
It is essential that you carefully read and understand these General Escroue.com Terms and Conditions ("Terms"). These Terms replace all previously issued General Terms and Conditions and apply to your use of any Escroue.com services from this moment onwards.
The Terms are current as of the Effective Date, and subject to change. In the event of a change, we will upload a new version to the Site. You should check the Escroue.com website for the latest version of this document before using any Escroue.com services.
These Terms apply to the Seller, Buyer (each a ”Party” or “Underlying Party,” and collectively ”Parties” or “Underlying Parties”) involved in any Escroue.com Transaction in connection with the Escroue.com Services. References to ”You” and ”Your” in the terms apply to you or the organization you represent in connection with an Underlying Transaction (as defined below) as the Seller, the Buyer as the context requires. In addition to these Terms, You are also subject to certain other terms, conditions, and agreements (collectively, the “Escroue.com Terms of Service”), including:
- Escroue.com Site Terms of Use, available at https://escroue.com/page/terms-and-conditions
- Privacy Policy, available at https://escroue.com/page/privacy-policy
The Underlying Parties engage Escroue.com to act as Escroue.com agent pursuant to these Terms and further agree to the entirety of the Escroue.com Terms of Service.
1. AGREEMENT TO CONDUCT ESCROUE.COM TRANSACTION BY ELECTRONIC MEANS. BY REGISTERING FOR AND PARTICIPATING IN THE SERVICES (AS DEFINED BELOW), THE UNDERLYING PARTIES AGREE WITH ESCROUE.COM TO CONDUCT THE ESCROUE.COM TRANSACTION (AS DEFINED BELOW) BY ELECTRONIC .
2. Definitions and Interpretation.
- Any capitalized term not otherwise defined elsewhere in the Escroue.com Terms of Service shall have the definition and interpretation set forth below:
- “Account “means an Escroue.com account of a Buyer, Seller, to which payments will be credited and from which payments will be debited.
- “Affiliate “means an entity that is, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with Escroue.com.
- “Applicable Law “refers to all laws, regulations, payment network rules, and automated clearinghouse rules applicable to the services provided under the Escroue.com Terms of Service, as well as all orders, judgments, or written directives of any court or governmental entity with authority over the Parties, services, or transactions subject to the Escroue.com Terms of Service.
- “Arbitration Commencement Period “means the fourteen (14) calendar day period commencing at the conclusion of the Negotiation Period.
- “Business Day “means Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m., other than legal holidays in San Francisco, California observed by Escroue.com.
- “Buyer “means a person or entity desiring to purchase personal property or purchase other services from a Seller by use of the Site.
- “Buyer Inspection Period “means the Inspection Period applicable to Buyer as specified herein.
- “Close of Escroue.com “means consummation of the Escroue.com Transaction.
- “Dispute Date “means the date of: (A) Seller’s rejection or return of the Merchandise as indicated on the Site; (B) Escroue.com’s rejection of the Merchandise on behalf of Seller if Seller is unable to access the Site; or (C) the notification by a Party to another Party of any dispute, claim, disagreement, or breach related to these Terms or an Escroue.com Transaction.
- “Escroue.com Fees “means the fees due to Escroue.com for the Services.
- “Escroue.com Funds “means funds held in Escroue.com with Escroue.com.
- “Escroue.com Instructions “means the entire set of instructions, terms, conditions, and details governing an Escroue.com Transaction, comprised of: (i) the General Escroue.com Instructions, applicable to all Escroue.com Transactions; (ii) the Transaction Escroue.com Instructions, agreed to by the Underlying Parties when arranging an Underlying Transaction; and (iii) any Supplemental Escroue.com Instructions subsequently agreed to by the Parties.
- “Escroue.com Property “means Escroue.com Funds or other items held in Escroue.com by Escroue.com.
- “Escroue.com Services “means the transaction management and Escroue.com services provided by Escroue.com, including the holding of Escroue.com Funds or Escroue.com Property.
- “Escroue.com Transaction “means the portion of a transaction involving Escroue.com Services provided by Escroue.com, which may include the holding and release of Escroue.com Funds or Escroue.com Property in accordance with the Escroue.com Instructions and these Terms.
- “General Escroue.com Instructions “means the instructions and terms published on the Site applicable to all Escroue.com Transactions.
- “Inspection Period “means the period by which Buyer or Seller must inspect the subject property, as applicable.
- “Merchandise “means any item of tangible (capable of being physically touched or precisely identified) goods or property transacted on Escroue.com. This term also includes certain intangible goods or property such as domain names, pre-written computer software, source codes, intellectual property, and any other property as approved by Escroue.com in its sole discretion.
- “Milestone Transaction “means the transactions relating to services provided by a Seller.
- “Negotiation Period “means fourteen (14) calendar days beginning with the Dispute Date.
- “Parties “means Escroue.com and the Underlying Parties.
- “Personal Property “means any movable thing or intangible item of value that is capable of being owned by a natural individual or a legal entity and not recognized as real property.
- “Prohibited Transaction “means any transaction or attempted transaction described in Section 5 of these Terms below.
- “Seller “means a person or entity offering property or services for sale as permitted under the Escroue.com Terms of Service and desiring to use the Site to close the sale.
- “Seller Inspection Period “means the Inspection Period applicable to Seller as specified herein.
- “Seller Services “means those services offered for sale by a Seller including physical labor or activity, artistic labor or activity, consultation or advice services, a system for providing services such as transportation, communications, utilities and doing work and providing something of value other than a physical tangible product.
- “Site “means Escroue.com’s website at www.Escroue.com.
- “Supplemental Escroue.com Instructions “or “Supplemental Escroue.com Terms” means any instruction, condition, or term agreed to by the Underlying Parties after Buyer and Seller all complete the initial Transaction Escroue.com Instructions to govern an Underlying Transaction. This term includes new supplemental instructions or conditions, modifications or amendments to the initial Transaction Escroue.com Instructions, and changes to the Transaction Detail Screens. Supplemental Escroue.com Instructions or Terms must be agreed to in writing and signed by all parties (Buyer, Seller, Escroue.com and Broker when applicable).
- “Transaction Detail Screens “means the screens on the Site containing the details of the Underlying Transaction provided by the Underlying Parties.
- “Transaction Escroue.com Instructions “means the terms, conditions, and other provisions relating to a specific Underlying Transaction or Escroue.com Transaction, as agreed to by the Underlying Parties on the Transaction Detail Screens.
- “Underlying Parties “means Buyer, Seller and Broker (if applicable).
- “Underlying Transaction “means the underlying transaction between or among Buyer and Seller (if applicable) for the sale of Merchandise or Seller Services, for which the Underlying Parties engage Escroue.com for the provision of Escroue.com Services.
- “User “means one of the Underlying Parties using the Site in connection with an actual or proposed Underlying Transaction.
- References to “discretion” mean Escroue.com’s sole and absolute discretion.
- References to “consent” mean a Party’s prior written consent, which in the case of Escroue.com may be given or withheld in its discretion.
- References to “including” mean “including but not limited to”.
- References to the singular include the plural and vice versa as the context may require.
- References to the time of day means United States Pacific Time.
- References to Buyer and Seller include the Broker if a Broker is expressly authorized by a Seller or Buyer to act on behalf of and bind the applicable Buyer or Seller.
- References to currency is to U.S. dollars or any other currency expressly accepted by all relevant Parties from time to time.
- References to “days” means Business Day unless otherwise indicated.
- Reference to “good faith” means honesty in fact in the conduct concerned, measured subjectively.
- All communications relating to an Underlying Transaction or Escroue.com Transaction shall be in English.
- The following rules of interpretation apply:
In addition, Escroue.com, in its sole discretion, may refuse to complete any Underlying Transaction that Escroue.com has reason to believe may be unauthorized or made by someone other than You, or may violate any Applicable Law or the Escroue.com Terms of Service Each User agrees to indemnify and hold harmless Escroue.com and its employees, officers, directors and agents for losses, including attorney fees and costs, resulting from any use or attempted use of the Escroue.com Services in violation of the Escroue.com Terms of Service, including but not limited to any use or attempted use of the Escroue.com Services for a Prohibited Transaction.
2. Rejection of Payment. Since the use of a bank account, credit card or debit card account, or the making of an electronic funds transfer may be limited by Your agreement with Your financial institution and/or by applicable law, Escroue.com is not liable to any User if Escroue.com does not complete an Escroue.com Transaction or any act relating thereto, as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an Account. Escroue.com may post operating rules or terms and conditions related to payment on the Site and change such rules from time to time.
3. General Conditions of Use. If You arrive at the Site through entities linked and/or integrated with Escroue.com or otherwise by or through a third party (e.g., an auction, exchange, or Internet-based intermediary that hosts electronic marketplaces and mediates transactions among businesses), then You authorize such third party to transfer relevant data to Escroue.com to facilitate the Escroue.com Transaction. You represent and warrant that all information You provide to Escroue.com or to such third party will be true, accurate and complete. You further understand and agree that You are obligated to provide timely updates to Escroue.com if there are any material changes to such information prior to the completion of an Escroue.com Transaction. The party entering into these Terms on behalf of any User represents and warrants that he/she is authorized to do so and to bind the User and is a natural person of at least eighteen (18) years of age and, if the User is represented to be a business entity, trust or other legal entity or organization, the User represents and warrants that such User is legally existing and in good standing, and is recognized as such by the governing authority at the address registered by the User on our Site. To initiate and commence an Escroue.com Transaction or use the Escroue.com Services, a User must register for an Account on our Site. You must complete the Escroue.com Services application form and submit it by following the instructions on the Site.
Upon completion and receipt of the service application and related forms, including the acceptance of the Escroue.com Terms of Service, we will accept or reject Your application at our discretion.
4. Obligations of Sellers. On the Transaction Detail Screens, each Seller to an Underlying Transaction must designate an Account to which payment for the Transaction will be made. Each Seller authorizes Escroue.com and its authorized representatives and service providers to initiate credit entries to such Seller's Account for payment of the purchase price, or applicable balance due, and to debit Seller's Account to discharge Seller's obligations. Each Seller in an Underlying Transaction shall deliver the items set forth in Transaction Detail Screens directly to the Buyer (or Buyers), at the address specified by such Buyer as shown on the Site and set forth in the Transaction Escroue.com Instructions and Supplemental Escroue.com Instructions. Seller shall use a delivery service that provides a confirmation of delivery and Seller shall provide Escroue.com with a tracking or reference number for the shipment of the goods. Seller gives Escroue.com permission to act as its agent in communicating with the shipping company regarding the notice of the delivery of the goods. Seller must provide or cause notice to be sent to Escroue.com when Seller ships the Merchandise. In the event Escroue.com does not receive notice of shipment from Seller within ten (10) calendar days after Seller is required to ship the Merchandise, Seller authorizes Escroue.com to return the Escroue.comed Funds (excluding Escroue.com fees) to Buyer. In the event of a return of the Merchandise by Buyer, Seller shall notify Escroue.com of the receipt of the returned items. Upon Escroue.com’s receipt of the notice of returned Merchandise from Seller, the Seller's five (5) day inspection period shall commence. In the event Seller accepts the returned Merchandise within the inspection period or fails to act within the inspection period, Escroue.com shall remit the Escroue.comed Funds (excluding Escroue.com fees) to Buyer. If Seller notifies Escroue.com of its non-acceptance of any returned Merchandise within the Seller's inspection period, then Escroue.com will retain the Escroue.com Funds pending resolution of the dispute or take other action as authorized or as required by Applicable Law. Notwithstanding anything to the contrary above, if all Underlying Parties to an Underlying Transaction agree on the Transaction Detail Screens that there is no shipping required, then no party hereto will have any obligation under these Terms with respect to shipping.
5. Obligations of Buyers. On the Transaction Detail Screens, Buyer must designate a payment mechanism and an Account from which the purchase price and related fees (unless such fees are to be paid by Seller) will be obtained for the deposit into Escroue.com. Depending on the amount of the Underlying Transaction and the currency selected for the Underlying Transaction, Buyer may remit the necessary funds via various methods, which may include credit card, charge card, debit card or purchasing card, money order, or wire transfer. In the case of wire transfers, Buyer will initiate the wire to an account designated by Escroue.com on or before the date set forth in the Transaction Detail Screens. Regardless of the payment method, Buyer authorizes Escroue.com and its authorized representatives and service providers to initiate credit or debit transactions, as applicable, to obtain the purchase price and fees due for an Underlying Transaction and to initiate any debit or credit entries or reversals, as the case may be, as may be necessary to correct any error in a payment or transfer and to discharge Buyer's obligations under the Escroue.com Terms of Service. Escroue.com will deposit funds received from Buyer into an Escroue.com trust account maintained by Escroue.com (the "Escroue.com Account"). Unless otherwise requested as specified in the following sentence, Escroue.comed deposits do not earn interest for Buyer or Seller. If You anticipate an extended closing of the Underlying Transaction, then You may request and approve an instruction to have Escroue.com place Buyer's funds into an interest-bearing account for the benefit of Buyer or Seller. If interest is to accrue to the benefit of the Seller, then both Buyer and Seller must request and approve the establishment of the interest-bearing account. If this request is made, then Escroue.com will charge the account of the party to whom the interest accrues an additional nonrefundable service charge of one hundred dollars ($100), which must be paid in advance. Buyer shall notify Escroue.com of the receipt or non-receipt of the items on the date the merchandise is received, or the Buyer Inspection Period is started. Buyer shall notify Escroue.com of the Buyer's acceptance or rejection of the items before the Buyer's Inspection Period expires. Upon receipt of notice from Buyer that the items have been received and accepted, Escroue.com shall transfer the payment amount (less any amount payable to Escroue.com for Escroue.com fees) to Seller's Account. Transfer to a Seller generally will be initiated within the next business day from the day on which notice of acceptance of the Merchandise or Seller Services is received from the Buyer. If Buyer has not notified Escroue.com of the non-receipt or rejection of the items during the Buyer's Inspection Period, then Buyer authorizes Escroue.com to remit the Escroue.comed Funds (excluding Escroue.com fees) to the Seller. Buyer shall follow the procedures set forth on the Site in the event the items are rejected.
6. Our Responsibilities. Escroue.com is obligated to perform only those duties expressly described in the Escroue.com Terms of Service. Escroue.com shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or willful misconduct (subject to the limitations below). Escroue.com may rely upon any notice, demand, request, letter, certificate, agreement, or any other document which purports to have been transmitted or signed by or on behalf of a User indicated as the sender or signatory thereof and shall have no duty to make any inquiry or investigation. Escroue.com is not expected to verify or guarantee representations by Buyer, Seller, Broker or their respective affiliates or representatives and will not and does not verify authenticity, ownership, right of possession, title or other legal right to Escroue.comed Property or Merchandise. In the event that Escroue.com is uncertain as to Escroue.com duties or rights under the Escroue.com Terms of Service, receives any instruction, demand or notice from any User or financial institution which, in Escroue.com's opinion, is in conflict with any of the provisions of the Escroue.com Terms of Service, or any dispute arises with respect to the Escroue.com Terms of Service or the Escroue.comed Funds, Escroue.com may (i) consult with counsel of our choice (including, but not limited to our own attorneys) and any actions taken or not taken based upon advice of counsel shall be deemed consented to by You, or (ii) refrain from taking any action other than to retain the funds in Escroue.com for delivery in accordance with the written agreement of the Users, the final decision or award of an arbitrator pursuant to an arbitration commenced and conducted in accordance with these Terms or a final, non-appealable judgment of a court of competent jurisdiction, (iii) discharge our duties under these Terms by depositing all funds by interpleader action with a court of competent jurisdiction in accordance with the procedures outlined elsewhere in the Escroue.com Terms of Service, or (iv) escheat the funds in accordance with Applicable Law or take other actions in accordance with Applicable Law.
7. Canceling a Transaction. If an Underlying Transaction cannot be completed for any reason, including cancellation by Escroue.com for any reason, Escroue.com will notify each Party in such Underlying Transaction by e-mail, to the e-mail address each has provided to Escroue.com. In Escroue.com's sole discretion, Escroue.com may cancel any Underlying Transaction if each Party to an Underlying Transaction fails to agree on the terms as required in the Transaction Details Screens by clicking the "Agree" button as requested on the Site. You may cancel an Underlying Transaction as provided in the Escroue.com Terms of Service.
8. Statements, Verification. You agree that all disclosures and communications regarding these Terms and the Escroue.com Service shall be made by e-mail or on the Site, unless the Parties make other arrangements as set forth elsewhere in the Escroue.com Terms of Service. You understand and agree that Escroue.com may request additional information from you at any time, for verification, authentication, or other business purpose.
9. Digital Identification. You understand and agree that Escroue.com will create, issue, and verify a digital identification (a "Digital ID") for each User. This Digital ID is attached to each accepted electronic document and notification e-mails. You agree that Your Digital ID is a valid "Electronic Signature." Please review the General Escroue.com Instructions for more information about Escroue.com's use of the Digital ID.
10. Fees. Unless otherwise agreed upon by each User in the Transaction, Buyer agrees to pay the fees for the Services that are disclosed on the Site at the time the completed Transaction Escroue.com Instructions are agreed to by all such Users, as well as any other fees, including, without limitation, third party service fees (e.g., shipping, appraisal, inspection, registration - domain or otherwise, etc.). Once paid, Escroue.com fees are nonrefundable. Escroue.com fees may change from time to time in Escroue.com's absolute and sole discretion. Additionally, Escroue.com may introduce new fees by providing 30 days' written notice. Escroue.com is not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any items purchased or sold through the Services or otherwise arising from the Transaction.
11. Taxes. Some of our fees may be subject to applicable taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “taxes”) and, unless expressly noted, our fees are exclusive of applicable taxes. You acknowledge that we may make certain reports to tax authorities regarding transactions that we process.
12. Invoices. Escroue.com may issue invoices to the relevant party for its fees, however Escroue.com has no responsibility nor is it able to provide any invoice for underlying personal property or Services transactions. Invoices for underlying transactions are to be obtained from the Seller.
13. Security. Escroue.com uses secure sockets layer ("SSL"), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet designed to protect the data You provide Escroue.com. Escroue.com has also implemented a security system requiring a user ID and a password to access Your transactions on the Site. You agree not to give Your password to any other person or entity and to protect it from being used or discovered by anyone else.
14. Acknowledgement of Risk. You expressly agree that Your use of the Services is at Your sole risk. The Escroue.com Services are provided on a strictly "as is" and "as available" basis.
21. Disclaimers.
- ESCROUE.COM MAKES NO WARRANTY WITH REGARD TO THE UNDERLYING TRANSACTION, ANY ITEMS OBTAINED BY YOU THROUGH THE USE OF THE SITE OR THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. ESCROUE.COM MAKES NO WARRANTY THAT ITS SECURITY CANNOT BE BREACHED.
- ESCROUE.COM EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ESCROUE.COM SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES, WARRANTIES, AND REPRESENTATIONS, IF ANY, OFFERED BY ANY SELLER OF ITEMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ESCROUE.COM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15. No Third-Party Endorsement or Liability from Acts of Third-Party. You acknowledge and agree that Escroue.com does not endorse the website of any third party (including any partner marketplace) or assume responsibility or liability for the accuracy of any material contained therein, or any infringement of third-party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby and that You have not entered into any Underlying Transaction or agreed to the Escroue.com Terms of Service based on Escroue.com’s association with any third-party. In no event will Escroue.com be liable for any act or omission of any third-party, including, but not limited to, your financial institution, any payment system, any third-party service provider, any provider of telecommunications services, internet access or computer equipment or software, any mail or delivery service or any payment or clearing house system or for any circumstances beyond Escroue.com's control (including but not limited to, fire, flood or other natural disaster, war, riot, strike, terrorism, act of civil or military authority, equipment failure, computer virus, infiltration or hacking by a third-party, or failure or interruption of electrical, telecommunications or other utility services).
16. Termination of Services. Escroue.com may suspend or terminate Your use of the Site or Escroue.com Services at any time, without notice, for any reason, in Escroue.com's sole discretion. Escroue.com will attempt to provide You with prior notice of the suspension or termination of your Account or the Escroue.com Services by sending You an e-mail, but Escroue.com is not obligated to do so, and may not do so where there is a risk to the security, privacy or integrity of the Escroue.com Services. You shall remain liable for all Escroue.com Transactions You initiate through the Site or Escroue.com Services prior to such termination, and the performance of Your obligations, including but not limited to, the delivery of the Merchandise or Seller Services and the payment of all amounts You owe prior to termination or discontinuation of Your use of the Escroue.com Services. You agree to pay all costs and expenses (including all reasonable attorneys' fees) that Escroue.com may incur in order to (a) collect any amounts You owe under the Escroue.com Terms of Service or (b) to initiate an arbitration or judicial proceeding to resolve a dispute between Buyer and Seller, as set forth in these Terms.
17. Non-Transferability of the Services by You. You may not assign the Escroue.com Terms of Service (including, specifically, the Transaction Escroue.com Instructions and Supplemental Escroue.com Instructions) to any other person or entity except to the extent required by Applicable Law. Your right to use the Escroue.com Services shall not be sold or transferred to any other person or entity without the prior written consent of Escroue.com. Any purported assignment or transfer by You without our prior written consent in violation of this provision shall be null and void.
18. Modifications. Escroue.com reserves the right to change any portion of these Terms, at any time, without prior notice, provided that no such change will apply to an Underlying Transaction once the Underlying Parties to such Underlying Transaction have agreed to the Transaction Escroue.com Instructions. You understand that the most recent version of these Terms will be located on the Site.
19. Notices. Notices from Escroue.com to You will be given by e-mail, or by general posting on the Site. You may contact Escroue.com by filling out the customer support form or such other email address Escroue.com posts as its address for notice on the Site in the most recent version of the Terms.
20. Assignment. Escroue.com may assign these Terms to any current or future affiliated company and to any successor in interest. Escroue.com also may delegate certain Escroue.com rights and responsibilities under these Terms to third-parties.
21. Escroue.com Instructions. Once the Buyer and Seller (and Broker when applicable) a specific underlying Transaction, both Buyer and Seller (and Broker when applicable) have agreed to the Transaction Escroue.com Instructions and these Terms by selecting the "Agree" button at the bottom of the Transaction Detail Screens, these instructions shall constitute a binding agreement between all parties. No blank spaces shall exist on the Transaction Detail Screens as of the time the Buyer and Seller the "Agree" button. After Buyer and Seller both select the "Agree" button, the terms, conditions, and other details of the Transaction Detail Screens constitute the Transaction Escroue.com Instructions to govern the Underlying Transaction between the Buyer and Seller (and Broker when applicable). Should it become necessary to add a supplemental instruction(s), or to make any addition to, deletion from, or alteration to the Transaction Detail Screens, all parties (Buyer, Seller and Escroue.com when applicable) must execute any supplemental instruction, addition, deletion or alteration thereto (collectively the "Supplemental Escroue.com Instructions”). Escroue.com reserves the right to reject any Supplemental Escroue.com Instructions and to terminate the Escroue.com .
Escroue ensures the safety of transactions.
The goal of Escroue is to enhance the efficiency, security, and convenience of organizational transactions by automating the escrow process and offering a user-friendly platform for their management.