Court Orders and Temporary Restraining Orders

In the instance Fruugo receives a court order from any jurisdiction, including a Temporary Restraining Order, Fruugo must comply with this court order in its entirety. In line with the court order Fruugo may be required to withhold your current balance, place your account on Holiday Mode or temporarily suspend your account until case has been resolved.

Fruugo Legal Team will contact you by email to notify you that a court order has been received. You will be provided with the case number and contact details to contact the Plaintiff or their Lawyers. You will also be informed what restrictions we have applied to your account. Fruugo will be unable to provide specific details about the case, including information about any products concerned. You must contact the Plaintiff or the Lawyers for the full case details.

In line with Fruugo’s Terms and Conditions is a mandatory requirement that you contact the Plaintiff. Fruugo cannot contact the Plaintiff on your behalf  or provide Legal Advice to you. If you require Legal Advice you should seek the advice from an independent Lawyer.

You do not need to update the Fruugo Legal Team with any developments on the settlement, the Plaintiffs Lawyers will directly update the Legal Team on any new developments. This includes a dismissal from the case and a settlement agreement.

After you have settled the case, we recommend that you pay the full settlement fee yourself directly to the plaintiff. However you can authorise Fruugo to pay the settlement fee from your withheld account balance. If your account balance is insufficient, we cannot make this payment and you will be required to transfer the settlement fee from your own funds.

Fruugo will remove all restrictions from your account as soon as we have received notification that the case has been resolved. If we receive multiple court orders where you are named as a defendant, we will only remove the restrictions on your account after all cases have been resolved.

If you choose to activate Holiday Mode for the duration of the court order via your Account Manager, please contact your Account Manager again to request the removal of Holiday Mode. The Account Management Team will verify that all cases against you have been dismissed from the case before removing this restriction. If the Legal Team activated Holiday Mode on your Account in line with the Court Order, the Legal Team will remove Holiday Mode once a Notice of Dismissal from the case has been received.

In the instance that you fail to resolve the case, Fruugo will receive an Default Judgement Order which requires Fruugo to transfer all withheld funds in your account to the Plaintiff. Fruugo may also permanently remove your account as a result of your failure to resolve the case.

You must not continue to infringe on the Plaintiff’s Intellectual Property Rights by advertising infringing products (or any other third parties rights), or further legal action could be taken against you.

At Fruugo’s sole and absolute discretion a charge may per Court Order received where you are named as a Defendant. Please see Schedule 2 in the Retailer Terms and Conditions for further information.