TERMS & CONDITIONS
Your use of this website located at www.boozooyoo.com (is conditional on your acceptance of the terms
and conditions of use set forth below ("Terms and Conditions"). By browsing,
accessing, linking, using and/or downloading from this Site ("Access"), you
agree to accept and abide by these Terms and Conditions for each use and each
visit of this Site. If you do not agree to these Terms and Conditions, you
should not Access this Site.
These Terms and Conditions are entered
into between boozooyoo and you. You expressly
represent that you are not prevented by any law from entering into this Terms
and Conditions, If you are accessing the Site on behalf of another person, you
represent that you are authorized to accept these Terms and Conditions on that
person's behalf. Unless explicitly stated otherwise, these Terms and Conditions
will govern your use of any new features that augment or enhance the current
services, including the release of new products or services.
1.
Definitions:
In addition to the terms defined throughout these Terms and Conditions, the
terms "we", "us" and "our" refer to
www.boozooyoo.com The terms “you” and “your” refer to you the user
of this Site.
2.
Changes to Terms and Conditions:
We reserve the right, at any time,
to modify, add to, delete from, alter, or update these Terms and Conditions
("Changes"), and you agree to be bound by such Changes. Changes shall be
effective immediately upon notice thereof, which may be given by any means
including, but not limited to posting on this Site or by electronic or
conventional mail. You agree to regularly review the Terms and Conditions posted
at this Site and to be aware of Changes. Your use of this Site following any
Changes constitutes your agreement to follow and be bound by these Terms and
Conditions as changed.
3.
Eligibility:
To use this Site, you must eligible to enter into a contract in your
jurisdiction. If you are a persons
who is "incompetent to contract" within the meaning of contract law in your
jurisdiction including minors, un-discharged insolvents etc. you are not
eligible to use this Site. We reserve the right to terminate your membership and
refuse to provide you with access to this Site if it is brought to our notice or
if we discover that you are under the age of 18 years.
4.
Membership:
This Site acts as a platform for sellers who wish to sell their
products/services and buyers who wish to buy products/services. To use this
Site, you must register as a member. Membership is subject to fees as listed in
the membership page. If you are
registering as a business entity, you represent that you are duly authorized by
the business entity to accept this Terms and Conditions and you have the
authority to bind that business entity to this Terms and Conditions.
5.
Permitted and Prohibited Uses:
Consistent with local and other laws,
we reserve the right to refuse to do business with any person in our sole
discretion. This Site is intended for the lawful use of members of the general
public. Subject to these Terms and Conditions, we grant you a non-exclusive,
non-transferable, limited right to access, use and view this Site and the
information thereon, including without limitation, all text, design, graphics,
drawings, photographs, video clips and sounds, and all trade marks, service
marks and trade names used at this Site and the selection and arrangements
thereof (collectively, the "Content"), solely for your own personal use,
provided, however, that you may not, nor may you allow others to, directly or
indirectly:
o
sell, license, rent, reproduce, modify or attempt to modify or create derivative
works from the Content in any way or reproduce or publicly display, perform,
transmit or distribute or otherwise use the Content for any public or commercial
purpose, including without limitation use of the Content on any other website or
in any environment of networked computers;
o
transfer the Content to any other person without our prior explicit written
consent;
o
use
this Site in any manner that could damage, disable, overburden or impair this
Site;
o
upload, post or otherwise transmit or distribute on this Site any items,
including without limitation computer viruses, Trojan horses, worms, backdoor,
shutdown mechanism or other harmful, disruptive or destructive files or computer
programs;
o
interfere with the security of, or otherwise abuse, this Site or any Services,
system resources, accounts, servers or networks connected to or accessible
through this Site or associated or linked sites;
o
infringe on any patent, trade-mark, trade secret, copyright, right of publicity,
or other proprietary right of any person, or impersonate any person or entity;
o
disrupt or interfere with any other person's use or enjoyment of this Site or
associated or linked sites;
o
use
any automatic program or device, or manual process to monitor, copy, summarize,
or otherwise extract information from this Site or the Content in whole or in
part;
o
transmit on, to or from this Site spam, chain letters, junk mail or any other
type of unsolicited mass e-mail;
o
upload to, distribute to, or otherwise disseminate through this Site any
material or information of any kind that is threatening, harassing, libelous,
defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise
violates any law or infringes or violates any rights of any other person or
entity, or contains a solicitation of funds, advertising, or a solicitation for
goods or services; or
o
attempt to obtain unauthorized access to this Site or portions of this Site
which are restricted from general access.
You also
agree that you are solely responsible for actions and communications undertaken
or transmitted in the course of your usage of this Site, and that you will
comply with all laws that apply or may apply to your use of this Site.
6.
Copyright and Trademarks:
Unless otherwise noted, all Content is
subject to intellectual property rights including copyrights and trade marks
held or licensed by us. Any reproduction or use of the Content without our
express prior written permission is prohibited.
We retain the right to initiate appropriate civil and criminal
legal proceedings against the infringers of our intellectual property rights.
Information posted on the Site belongs to the respective users. We respect the
intellectual property of others and ask you to do the same.
7.
Cookies:
Upon your first visit to the Site, a cookie is sent to your computer that
uniquely identifies your browser. A "cookie" is a small file containing a string
of characters that is sent to your computer when you visit a website. We use
cookies to improve the quality of our service and to better understand how
people interact with us. We do this by storing user preferences in cookies and
by tracking user trends and patterns of how people search. Most browsers are
initially set up to accept cookies. You can reset your browser to refuse all
cookies or to indicate when a cookie is being sent. However, some features or
services of the site may not function properly without cookies.
8.
Security:
Although we may provide certain security in an effort to protect the electronic
transmission of certain information that you submit through this Site, we do not
guarantee the security of any information transmitted to or from this Site.
You
expressly agree that all information you post on the Site is true, accurate and
current. You further agree to maintain and update this information and ensure
that it remains true, accurate, and current. You expressly grant us permission
to provide information about you and your property to prospective buyers in an
attempt to locate a buyer for your property.
9.
Consent:
When you participate in the auction
through this Site, you agree and consent to receive emails, telephone calls
and/or faxes from us, our agents and employees. You also agree to be contacted
by buyers or sellers through the Site.
10.
Representations:
You expressly represent and warrant that any information including personal
information you post on the Site:
§
shall
not be false, inaccurate or misleading;
§
shall
not be fraudulent or involve the sale of counterfeit or stolen items;
§
shall
not infringe any third party's intellectual property, trade secret or other
proprietary rights or rights of publicity or privacy;
§
shall
not, directly or indirectly, offer, attempt to offer, trade or attempt to trade
in any item, the dealing of which is prohibited or restricted in any manner
under the provisions of any applicable law, rule, regulation or guideline for
the time being in force;
§
shall
not be defamatory, trade libelous, unlawfully threatening or unlawfully
harassing;
§
are
identical to other items you have up for auction but are priced lower than your
item's price, the reserve price of the item or minimum bid amount
§
are
concurrently listed for sale on a web site other than this Site;
11.
Links:
This Site contains to links to other
external sites which do not belong to us. We do not verify the contents of such
sites. We have no control over such sites. Your use of such other sites is
solely at your risk. Your use of such sites is governed by their respective
terms and conditions.
12.
Auction Close:
An auction will be considered as successfully closed if it receives at least one
bid prior to the End Date i.e. the date and time (as specified in that
particular auction) beyond which bids shall not be accepted. Immediately after
any auction is successfully closed an e-mail is sent to both the successful
bidder and the seller providing each of them the contact information of the
other party (contact phone number if allowed by them when bidding/selling) to
enable them to get in touch with each other to fulfill the transaction. Please
note that the contact information that will be sent out will be the information
you provide at the time of registration.
13.
Selling:
As a registered member, you may list
product(s) or service(s) for sale on this Site in accordance with this Terms and
Conditions. You must be legally able to sell the item(s) you list for sale on
this Site. You must ensure that the listed product(s) or service(s) does not
infringe upon the intellectual property, trade secret or other proprietary
rights or rights of publicity or privacy rights of third parties. All listed
product(s) or service(s) must be listed in an appropriate category. The listing
description must not be misleading and must describe actual condition of the
product(s) or service(s). If the item description does not match the actual
condition of the product(s) or service(s), you agree to refund any amounts that
you may have received from the buyer. You agree not to list a single product in
multiple quantities across various categories on this Site. We reserve the right
to delete such multiple listings. If you receive at least one bid at or above
your stated minimum price you are legally obligated to complete the transaction
sale contract with the successful bidder. You must contact the successful bidder
within 72 hours of product(s) or service(s) selling successfully and supply the
product(s) or service(s) to the successful bidder in a merchantable condition
upon receiving the payment from the successful bidder unless there is an
exceptional circumstance, such as:
·
The
successful bidder fails to meet the terms of your listing (such as payment
method), or
·
You
cannot authenticate the successful bidder's identity provided you have not
received any payment from the successful bidder.
14.
Bidding and Buying:
All bids and all buying on this Site are
a firm commitment to purchase. If you are the buyer/highest bidder for any item
and your purchase/ bid is accepted by the seller, you are obligated to complete
the transaction with the seller. By bidding on a product or service, you agree
to be bound by the conditions of sale included in the description of the product
or service so long as those conditions of sale are not in violation of this
Terms and Conditions or unlawful. If you have been chosen as the successful
bidder, you must contact the seller within 72 hours of auction closing
successfully. In order to qualify and be identified as a successful bid, the
following priority parameters will be followed:
·
Price: The higher price bids
always supersedes the lower price bids;
·
Quantity: Between bids of the same
price, the bid for the higher quantity shall supersede;
·
Time: Between bids of the same
price and for the same quantity, the bid which was placed prior in point of time
shall supersede.
Our
decision on the success or otherwise of a bid shall be final and binding. We
reserve the right to reject or void bids, whether winning or not, that it deems
not to have been made in good faith, or that are restricted or prohibited.
15.
Liability:
All content and services provided on or
through this Site are provided "as is" and "as available" for your use. The
content is provided without warranties or conditions of any kind either express
or implied, including but not limited to implied warranties and conditions of
merchantability, fitness for a particular purpose or non infringement. Your use
of this site is solely at your risk.
We shall in no event be liable to you for any indirect, special, punitive,
incidental, reliance, exemplary or consequential damages, loss of profits, loss
of expected savings, or any other non-direct damages howsoever caused
from your use of the contents of the Site. Neither we nor any of our officers,
directors, investors, employees, contractors, agents, successors, assigns,
affiliates, or content or service providers shall be liable to you or any other
third party for any direct, indirect, incidental, special, punitive or
consequential damages arising out of the use of this Site or the services
provided through this Site or the inability to gain access to or use this Site
or services or out of any breach of any warranty, even if we have been advised
of the possibility of such damages. When you buy or sell any product(s) or
service(s) through this Site, you deal directly with the seller or buyer. The
product(s) and service(s) are not sold or rendered by us. They are provided or
rendered by other users through this Site. We are not liable for any product(s)
sold or service(s) rendered by other users through this Site.
16.
Indemnity:
You agree to defend, indemnify and hold
harmless us, our directors, officers, employees, representatives, contractors,
affiliates, successors or assigns, including all third parties mentioned at this
Site, from and against any and all claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting from your
use of this Site and the Content or your breach of these Terms and Conditions.
17.
Disclaimer:
We not responsible for the success or
failure of any your decisions relating to any information presented through this
Site or its contents. The site should be carefully considered and evaluated,
before reaching any decision, on whether to use the information and contents
provided through the Site. There can be no assurance that any prior successes,
or past results can be used as an indication of your future success or results.
Results are based on many factors. We have no way of knowing how well you will
do, as we do not know you or your background. Therefore we do not guarantee or
imply that you will succeed by using this Site or its contents. There is no
assurance you will do as well. Use caution and seek the advice of qualified
professionals. You agree that we are not responsible for any success or failure
that you may experience as a result of using the Site or its contents. We make
no representation or warranty, express or implied that we have a buyer for your
product/service or that we have a seller for the product/service you want. We
disclaim any and all warranties, including, but not limited to: (1) any
warranties concerning the availability, accuracy, usefulness, or content of or
uninterrupted access to information, products or services and (2) any warranties
of title, non-infringement, merchantability or fitness for a particular purpose.
This disclaimer of liability applies to any damages or injury caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft,
or destruction or unauthorized access or, alteration of or use of record in
connection with the use or operation of this service, whether for breach of
contract, tortuous behavior, negligence or any other cause of action. We do not
verify the correctness and accuracy of any information posted on this Site by
other user. You must make your own judgment when acting on any information
posted on this Site by other users. We will not be liable for any harm, injury
or loss you may suffer by acting on any information posted on this Site by other
users. We are not responsible for any non-performance or breach of any contract
entered into between you and other users. We cannot and do not guarantee that
the concerned users will perform any transaction concluded on this Site. We will
not and is not required to mediate or resolve any dispute or disagreement
between you and other users. We do not make any representation or warranty as to
the attributes (such as quality, worth, marketability, etc.) of the products or
services proposed to be sold or offered to be sold or purchased on this Site. We
do not implicitly or explicitly support or endorse the sale or purchase of any
products or services on this site. We do not at any point of time during any
transaction between you and other users on this Site take possession of any of
the products or services offered by you or the other user(s) nor do we at any
point gain title to or have any right or claim over the products or services
offered on this Site.
18.
Contract:
All agreements and contracts are entered into by and between you and the seller
or buyer. We do not have any
control or determine or advise or in any way involve ourselves in the offering
or acceptance of such agreements and contracts between buyers and sellers.
19.
Termination:
We reserve the right to terminate your access to this Site or use of the
services provided through this Site including participation in auction if you
use profanity, obscenity, vulgarity or offensive, threatening, unlawful,
harmful, harassing, tortuous, defamatory, libelous, invasive, hateful, abusive
or otherwise objectionable language, behavior or conduct in any manner towards
any of our employee, agent, contractor or customer, through this Site, in
emails, in telephone conversations or messages, in writing, or in person. If you
use this Site for any of the prohibited uses listed in this Terms and Conditions
or violate any provision of this Terms and Conditions, we reserve the right to
terminate your access to this Site or use of the services provided through this
Site including participation in the auction. We reserve the right to terminate
your participation in the auction if you refuse or fail to sign the necessary
documents as and when requested by us or our agents or employees.
20.
Choice of law:
These Terms and Conditions shall be
deemed to have been made and performed exclusively in Austria and shall be
governed by and construed under the laws of Austria applicable therein without
giving effect to its conflict of laws principles. You hereby submit to the
exclusive forum, jurisdiction and venue of the courts of Austria for any claim
related hereto, arising herefrom or in connection herewith and agree not to
bring any action, claim, suit or proceeding against us or any officer, director,
partner or employee thereof in any jurisdiction other than Austria.
21.
General:
The
Privacy Policy is a
binding part of these Terms and Conditions and together with these Terms and
Conditions constitutes the entire agreement between boozooyoo and you with
respect to your use of this Site. Our failure to insist upon or enforce strict
performance of any provision of these Terms and Conditions shall not be
construed as a waiver of any provision or right.
You expressly agree that no agency
relation is created or established by your use of this Site or participation in
auction on this Site. We DO NOT and WILL NOT represent you in any transaction in
the auction unless expressly agreed to in writing prior to the transaction. If
for any reason a court of competent jurisdiction finds any provision of these
Terms and Conditions or portion thereof to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the intent
of these Terms and Conditions, and the remainder of these Terms and Conditions
shall continue in full force and effect. Any cause of action you may have with
respect to your use of this Site or which is the subject of these Terms and
Conditions must be commenced within three (3) months after the claim or cause of
action arises.
22.
Acceptance:
Your registration on this Site signifies your acceptance of this Terms and
Conditions.
PRIVACY POLICY
We have established this Privacy Policy
so that you can understand how we treat your Personal Information.
Personal Information means any
information that may be used to identify an individual, including, but not
limited to, a first and last name, a home or other physical address and an email
address or other contact information, whether at work or at home. In general,
you can visit the Site without telling us who you are or revealing any Personal
Information about yourself. However to use certain services of the Site, you
must provide us with your personal information.
If you choose to provide us with your
Personal Information on the Web, we may transfer that Information to our
third-party service providers anywhere in this world.
We strive to comply with all applicable
laws around the globe that are designed to protect your privacy. Although legal
requirements may vary from jurisdiction to jurisdiction, we intend to adhere to
the principles set forth in this Privacy Policy even if, in connection with the
above, we transfer your Personal Information to jurisdictions that may not
require an "adequate" level of protection for your Personal Information. In
other words, our goal is to provide protection for your Personal Information no
matter where that Personal Information is collected, transferred, or retained.
We use this information to:
-
Improve and customize the content and layout of the Site
and other materials
-
Notify you of updates to the Site.
-
Notify you of relevant products and services.
-
Notify you of upcoming events and programs
Under no circumstances will we sell or
receive payment for licensing or disclosing your personal information. We will
not rent or sell your personally identifying information to other companies or
individuals, unless we have your consent. We may share such information in any
of the following limited circumstances:
·
We
have your consent.
·
We
provide such information to trusted businesses or persons for the sole purpose
of processing personally identifying information on our behalf. When this is
done, it is subject to agreements that oblige those parties to process such
information only on our instructions and in compliance with this Privacy Policy
and appropriate confidentiality and security measures.
·
We
are required to do so by law
·
We
have a good faith belief that access, preservation or disclosure of such
information is reasonably necessary to protect our rights, property or safety
and that of users or the public.
While we cannot guarantee privacy
perfection, we will address any issue to the best of our abilities as soon as
possible.
By using this Site, you consent to the
terms of this Privacy Policy and to our processing of Personal Information for
the purposes given above as well as those explained where we collect Personal
Information on the Site. Should the Privacy Policy change, we will take every
reasonable step to ensure that these changes are brought to your attention by
posting all changes prominently on the Site for a reasonable period of time.
