(THE "SITE") AND ALL SERVICES PROVIDED BY FLEABABY ON THE SITE.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please refer to the Help
section of the Site.
1. Fleababy is a Venue
Fleababy acts as a venue to allow users who comply with Fleababy's policies to offer, sell and buy certain goods within a fixed-price format. Fleababy is not directly involved in the transaction between buyers and sellers. As a result, Fleababy has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Fleababy does not pre-screen users or the content or information provided by users. Fleababy cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Fleababy does not transfer legal ownership of items from the seller to the buyer.
Fleababy cannot guarantee the true identity, age, and nationality of a user. Fleababy encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Fleababy is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Fleababy. You use the Fleababy service at your own risk.
2. Membership Eligibility
Fleababy's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Fleababy may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Fleababy's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Fleababy's policies as stated in the Agreement as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Fleababy, which may be updated by Fleababy without notice to you.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Fleababy of any unauthorized use of your password or any breach of security. You also agree that Fleababy cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Fleababy without Fleababy's express written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address.
You may not transfer or sell your Fleababy account and User ID to another party.
Right to Refuse Service:
Fleababy's services are not available to temporarily or indefinitely suspended Fleababy members. Fleababy reserves the right, in Fleababy's sole discretion, to cancel unconfirmed or inactive accounts. Fleababy reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining and setting up a shop on Fleababy is free. Fleababy reserves the right to change this policy and charge fees for listings of products and services at any time. Fleababy may, at Fleababy's sole discretion, change some or all of Fleababy's services and fee schedules at any time. In the event Fleababy introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Hong Kong Dollars (HKD).
4. Listing and Selling
By listing an item on the Site you warrant that you and all aspects of the item comply with Fleababy's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Fleababy shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Fleababy and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Fleababy.
: Your Content and your use of Fleababy shall not:
• Be false, inaccurate or misleading
• Be fraudulent or involve the sale of illegal, counterfeit or stolen items
• Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
• Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
• Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
• Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Fleababy staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
• Be obscene or contain child pornography
• Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
• Host images not part of a listing
• Modify, adapt or hack Fleababy or modify another website so as to falsely imply that it is associated with Fleababy;
• Appear to create liability for Fleababy or cause Fleababy to lose (in whole or in part) the services of Fleababy's ISPs or other suppliers
Furthermore, you may not list any item on Fleababy (or consummate any transaction that was initiated using Fleababy's service) that, by paying to Fleababy the listing fee or the final value fee, could cause Fleababy to violate any applicable law, statute, ordinance or regulation.
By posting Content on Fleababy, it is possible for an outside website or a third party to re-post that Content. You agree to hold Fleababy harmless for any dispute concerning this use. If you choose to display your own Fleababy-hosted image on another website, the image must provide a link back to its listing page on Fleababy.
Fleababy considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Fleababy shall not be liable for the disclosure or use of such Material. If, at Fleababy's request, any member sends Material to improve the site (for example through the Forums or to customer support), Fleababy will also consider that Material to be non-confidential and non-proprietary and Fleababy will not be liable for use or disclosure of the Material. Any communication by you to Fleababy is subject to this Agreement. You hereby grant and agree to grant Fleababy, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in an API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
Fleababy does not control the Content provided by users that is made available on Fleababy. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
By using Fleababy, you agree to accept such risks and that Fleababy (and Fleababy's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Fleababy. Please use caution, common sense, and practice safe buying and selling when using Fleababy.
Fleababy is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Fleababy does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Fleababy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and Release
In the event a dispute arises between you and Fleababy, please contact Fleababy
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in the Hong Kong S.A.R, using the English language in accordance with the Arbitration Rules and Procedures of the Hong Kong S.A.R. Government
Should you have a dispute with one or more users, or an outside party, you release Fleababy (and Fleababy's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Fleababy encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Fleababy, for the benefit of users, may try to help users resolve disputes. Fleababy does so in Fleababy's sole discretion, and Fleababy has no obligation to resolve disputes between users or between users and outside parties. To the extent that Fleababy attempts to resolve a dispute, Fleababy will do so in good faith based solely on Fleababy's policies. Fleababy will not make judgments regarding legal issues or claims.
9. Fleababy's Intellectual Property
FLEABABY, and other Fleababy graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Kobo Desgn Ltd. in Hong Kong and/or other countries. Fleababy's trade dress may not be used, including part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, Fleababy may, without notice, and without refunding any fees, delay or immediately remove Content, warn Fleababy's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
, or other policy documents and community guidelines incorporated herein; Fleababy is unable to verify or authenticate any of your personal information or Content; or Fleababy believes that a user is acting inconsistently with the letter or spirit of Fleababy's policies, has engaged in improper or fraudulent activity in connection with Fleababy or the actions may cause legal liability or financial loss to Fleababy's users or to Fleababy.
) to third parties without your explicit consent. Fleababy stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
12. No Warranty
FLEABABY, FLEABABY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND FLEABABY'S SUPPLIERS PROVIDE FLEABABY'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. FLEABABY, FLEABABY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND FLEABABY'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM FLEABABY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
13. Liability Limit
IN NO EVENT SHALL FLEABABY, AND (AS APPLICABLE) FLEABABY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR FLEABABY'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, FLEABABY'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
FLEABABY'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF FLEABABY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE.
YOU AGREE TO INDEMNIFY AND HOLD FLEABABY AND (AS APPLICABLE) FLEABABY'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
15. No Guarantee
Fleababy does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Fleababy's control.
16. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Fleababy service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Fleababy's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
18. No Agency
You and Fleababy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
19. Fleababy Service
20. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the Hong Kong S.A.R.