User Agreement

Effective date: August 15th, 2026

1. About This Agreement

This User Agreement sets out the terms on which Surplus-GY offers you access to and use of our website, mobile applications, tools and services (together, the “Services”).

Our Privacy Policy, our Data Deletion Policy, our Copyright Notice and any other policies published on the Services form part of this Agreement. By accessing or using the Services you agree to comply with all of them.

The entity you are contracting with is Surplus-GY, of Lot 45 Evans Street, Charlestown, Georgetown, Guyana.

 

2. What Surplus-GY Is

Surplus-GY is a marketplace. Independent sellers list goods and services, and shoppers buy them. We provide the platform, the payment facilities and the supporting services.

We are not a party to the contract of sale. When you buy an item, your contract is with the seller of that item, not with Surplus-GY. The seller is responsible for the item, its description, its condition and its dispatch.

Unless we state otherwise, we do not guarantee:

• The existence, quality, safety or legality of items listed
• The accuracy of any listing or user content
• The ability of a seller to sell, or of a buyer to pay
• That any transaction will be completed

Any guidance we give sellers about pricing, listing or delivery is advisory. You may follow it or not.

We may use automated tools, including artificial intelligence, to operate and improve the Services, to personalise what you see, to support customer service and to detect fraud. We do not guarantee the accuracy of these tools.

 

3. Eligibility and Your Account

To use the Services you must:

• Be at least 18 years old, or the age of majority where you live
• Be able to enter into a legally binding contract
• Give accurate registration information and keep it up to date
• Not be suspended from the Services, or be a person we are prohibited from dealing with under applicable sanctions

You are responsible for keeping your login details secure and for activity carried out under your account. Tell us immediately if you believe your account has been used without your permission.

We will never ask you for your password or a one-time code. Do not share them with anyone claiming to represent us.

You may not transfer your account to someone else without our consent.

 

4. Acceptable Use

When using the Services, you must not:

• Break any law, or infringe the rights of anyone else
• Fail to pay for an item you have bought, without a valid reason under our policies
• Fail to deliver an item you have sold, without a valid reason under our policies
• Manipulate prices, or interfere with another user’s listings
• Undermine our feedback or ratings systems, including by posting or arranging false reviews
• Provide content that is false, misleading, deceptive, defamatory, unlawful, harmful or offensive
• List items in the wrong category, or otherwise misrepresent what you are selling
• Send spam, chain messages or unsolicited bulk communications
• Distribute viruses or anything else designed to cause harm
• Use robots, scrapers, data mining or other automated tools to access the Services without our written permission
• Get around any technical measure we use to run or protect the Services
• Place an unreasonable load on our systems, or interfere with how the Services work
• Harvest or use other users’ information without their consent
• Harass or abuse other users, drivers or our staff

If we believe you are breaching this Agreement or our policies, we may limit, suspend or close your account, remove or hide your listings or content, withhold account features, and take any other step we reasonably consider necessary, including legal action.

We may close accounts that are unconfirmed or that have been inactive for a long period.

 

5. Buying on Surplus-GY

When you buy through the Services:

• You are responsible for reading the full listing before you buy
• Placing an order and paying for it forms a contract with the seller
• You must provide an accurate delivery address and contact number
• Prices are shown in Guyanese Dollars unless stated otherwise, and the total including delivery is shown before you confirm payment

Items sold by different sellers may be dispatched and delivered separately.

 

6. Selling on Surplus-GY

To sell on the Services you must register as a seller, provide the business information and documents we ask for, and be approved by us. We may decline or withdraw approval.

When you list an item, you agree that:

• You take full responsibility for the item and for the accuracy of the listing, including any content produced with tools we or third parties provide
• You own the item, or are entitled to sell it
• The item is lawful to sell in Guyana, and you hold any licence or approval required
• Your listing content complies with our listing policies
• We may edit, hide or remove listings that breach our policies, and may correct or supplement listing information
• We may display and promote your listings across the Services and through our marketing channels
• Paying fees does not buy exclusive placement. Where and how a listing appears depends on factors including the shopper’s search, location and history, and the item’s price, relevance and delivery terms

You must not list, and must promptly remove, any item that has been recalled, that is prohibited by law, or that presents a safety risk. We are not responsible for the safety or performance of anything you sell.

Sellers must meet the performance standards published on the Services. Failing to meet them may lead to restrictions on your account.

 

7. Fees and Taxes

We charge sellers for the use of the Services. Current fees are published on the Services.

We may change our fees by publishing the change on the Services at least [CRAIG: state a notice period, commonly 14 or 30] days in advance. No advance notice is required for a temporary promotion or for a reduction in fees.

You are responsible for your own taxes. Where the law requires us to collect or withhold tax, we will do so.

 

8. Payments

Payments are taken through the payment providers we use. The total, including delivery, is shown before you confirm.

Card details are held by our payment provider and not by us. A transaction may be declined, delayed or held where we or a payment provider suspect fraud, or for compliance with anti-money-laundering rules or sanctions.

Where you are entitled to a refund, it is issued to the original payment method. The time it takes to appear depends on your bank or payment provider.

We may hold or delay a seller payout where an order is disputed, where a refund is likely, or where we reasonably suspect fraud or a breach of this Agreement.

 

9. Delivery

Delivery is arranged through Surplus-GY or by the seller, as stated on the listing. Delivery charges are calculated at checkout based on the address and the size and weight of the items.

Delivery times are estimates and are not guaranteed.

Where nobody is available to receive an order, we or the seller will try to make contact using the details you provided. An order that cannot be delivered may be returned, and a further charge may apply.

 

10. Returns, Cancellations and Refunds

Return conditions are set by each seller within our policies and are shown on the listing.

You may ask to cancel an order before it is dispatched. Once an order has been dispatched, it must be handled as a return.

Where an item arrives damaged, faulty, or is not what was described, contact us with your order number. We may ask for photographs.

Where we refund a buyer on a seller’s behalf, we may recover that amount from the seller.

 

11. Content and Intellectual Property

The platform itself, including its software, design and our own branding, belongs to Surplus-GY or our licensors. The name “Surplus-GY” and our logos may not be used without our written permission.

Content you provide remains yours. By providing it, you grant us a non-exclusive, worldwide, royalty-free licence to host, display, reproduce and promote that content in connection with operating and marketing the Services. This licence continues for as long as we need it to show records of past transactions and for content you have made public, such as reviews.

You confirm that you own the content you provide, or have permission to use it, and that it does not infringe anyone else’s rights.

We are not responsible for content provided by users or sellers. If you believe content on the Services infringes your rights, follow the procedure in our Copyright Notice.

 

12. Communications

We will contact you about your account, your orders, disputes and support requests. These are service messages and you cannot opt out of them while you hold an account.

We will only send you marketing messages if you have agreed to receive them, and you can withdraw that agreement at any time without affecting service messages.

We may monitor and store messages sent through our messaging tools to detect fraud, to enforce this Agreement and to support customers. Do not use our messaging tools to arrange sales outside the platform.

 

13. Suspension and Termination

You may close your account at any time. Closing an account does not cancel obligations already incurred, such as completing an order or paying fees owed.

We may suspend or close your account where you breach this Agreement or our policies, where we suspect fraud, or where we are required to by law.

Our Data Deletion Policy explains what happens to your information when an account is closed.

 

14. Disclaimers and Limitation of Liability

We work to keep the Services running properly and securely, but we cannot guarantee uninterrupted access. Notifications and updates may be delayed for reasons outside our control.

To the extent permitted by law, the Services are provided on an “as is” and “as available” basis, and we exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement.

To the extent permitted by law, we are not liable for:

• The acts or omissions of sellers, buyers or delivery partners
• Content provided by users
• Loss caused by inaccurate information you provided
• Delays or disruption to the Services
• Indirect or consequential loss, including loss of profit, goodwill or opportunity

Nothing in this Agreement limits liability where it cannot lawfully be limited, including for death or personal injury caused by negligence, or for fraud.

 

15. Disputes Between Users

Where a dispute arises between a buyer and a seller, we may help resolve it, but we are not obliged to and we are not a party to it. You release Surplus-GY from claims arising out of disputes between users.

 

16. Indemnity

You will indemnify Surplus-GY against any claim, including reasonable legal costs, brought by a third party arising out of your breach of this Agreement, your misuse of the Services, or your breach of the law or of anyone else’s rights.

 

17. Governing Law and Disputes

This Agreement is governed by the laws of Guyana.

Any dispute between you and Surplus-GY will be dealt with by the courts of Guyana, which have exclusive jurisdiction.

Before starting court proceedings, both parties agree to try in good faith to resolve the matter directly. To raise a dispute with us, contact us using the details below setting out what has happened and what you are asking for. We will respond within [2 working days.

 

18. Changes to This Agreement

We may change this Agreement. Where a change materially affects your rights, we will publish the amended terms on the Services at least 30 days before they take effect, and notify you by email or through your account.

Continued use of the Services after the change takes effect means you accept the amended terms. If you do not accept them, you may close your account before they take effect.

 

19. General

If any part of this Agreement is found to be invalid or unenforceable, the rest continues to apply.

If we do not act on a breach, that does not mean we give up the right to act on it or on a later breach.

Headings are for reference only.

We may transfer our rights and obligations under this Agreement to another business. You may not transfer yours without our consent.

If you use the Services on behalf of a business, you confirm you are authorised to bind that business to this Agreement. Nothing in this Agreement creates a partnership, joint venture or employment relationship between us.

This Agreement, together with the policies published on the Services, is the entire agreement between you and Surplus-GY, and replaces any earlier version.

The following sections continue to apply after this Agreement ends: Fees and Taxes, Content and Intellectual Property, Disclaimers and Limitation of Liability, Disputes Between Users, Indemnity, Governing Law and Disputes, and General.

 

20. Contact