2. ABOUT THE SERVICE
The Service is a self-serve virtual community site which allows: (i) “HappieCo” users to post baby related content, photos and information on “Events”, “Promotions & Sales”, “News” and “NannyCare” page for free; and (ii) Companies that are interested to advertise on our platform. Public users can register an account to be more interactive and may post your preloved items on our “Buy & Sell” page for free.
We are neither an event organiser, a distributor, seller nor do we have any affiliate relationship (unless otherwise stated) with “HappieCo”. “HappieCo” is a registered Service user termed by the Company, to describe a legal company that provides relevant products and services on the Service.
We only accept users that sell or provide baby related products and services below the age of 4.
a) Listing Content (All sorts of listing): Users who are listing your products or services on the Service, you warrant that you and all aspects of the products and services comply with the Company’s published policies. You must describe your products or services in your account and profile accurately. Your listings may only include text descriptions, graphics, pictures and other content relevant to the listing of that item. All items must be listed in an appropriate category. For HappieCo, each listing must accurately and completely describe one unique event, sales, promotions, news, and service in that particular listing. For Parent who are listing items for sales, you must accurately and completely describe each listing in one post.
*Content posted by HappieBaby (or BabyNews, affiliates of HappieBaby) are given permission by HappieCo before posting. We refrain from posting any content without permission from any companies.
b) Binding Transaction (Buy&Sell): All transactions are binding. The seller and provider are obligated to deliver 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 or provider’s requirement (such as payment method or age requirement); 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.
c) Fee Avoidance (Buy&Sell): 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. You may not alter the item’s price after a sale, misrepresent the item’s location and price or use another user’s account without permission.
4. FEES AND SERVICES
Our Service for parent account is free.
“HappieCo” using our Service may log in to your account after signing up for one, and click on ‘Advertise with Us’ to advertise on our space, ‘NannyCare’ to post your nanny service or ‘New Post’ if you have professional article to share with our viewers.
5. USE RESTRICTIONS.
Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
· post any information that is inappropriate, improper, unrelated, abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
· use the service for any unlawful purpose or for the promotion of illegal activities;
· attempt to, or harass, stalk, abuse or harm another person or group;
· use another user’s account without permission;
· provide false or inaccurate information to other users and when registering an account;
· interfere or attempt to interfere with the proper functioning of the Service;
· copy, modify, or distribute any other person’s content without that person’s express consent;
· make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
· publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
6. POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
· You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
· You will not post information that is malicious, false or inaccurate;
· You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
· You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any or all of your submissions, and terminate your account (as set forth in this Section and in Section VII below) with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
In any circumstance, you agree that the Company may, without prior notice, immediately terminate, limit your access or suspend your account, any associated email address, and access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (i) breaches or violations of the Terms or other incorporated agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the Services (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, (vi) engagement by you in fraudulent or illegal activities, and/or (vii) nonpayment of any fees owed by you in connection with the the Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in our sole discretion and that we shall not be liable to your or any third party for any termination of your account, any associated email address, or access to the Services.
You may at your own accord terminate your account, any associated email address, and access to the Service by submitting such termination request to us.
Termination of your account includes any or all of the following: (i) removal of access to all or part of the offerings within the Services, (ii) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (iii) barring of further use of all or part of the Services.
8. ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to other users.
9. LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Service or any Third Party Applications, Software or Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Service and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service or relating to any applications you use or install from the site.
10. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. The Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
11. LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
12. INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
13. EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
14. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about the Company, and events, sales and promotions or other activities available from our Service. You may opt out of such email by changing your account settings or sending an email to us.
Opting out may prevent you from receiving messages regarding the Company or special offers.
User agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective owners, directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of the use of the Service by User or User’s Account. You agree to fully cooperate reasonably as per required in the defence of any claim. We reserve the right to assume the exclusive protection and control of any matter otherwise subject to indemnification by You.
16. WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
17. LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OWNERS, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS, AGENTS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
We may not examine users or the content or information provided. As a result, we have no control over the quality, safety, morality, genuity or legality of any aspect of the products and services listed, the truth or accuracy of the listings, the ability of sellers to sell products, the providers to provide their service or the ability of buyers to pay for the products or services. Neither are we able to ensure the completeness of transactions between Service users.
Correspondence or transaction between Service users, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Service users. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence through the Service.
The Company cannot guarantee the true identity, information, or genuity of a user. We will not be responsible for any product, service, trade or transaction issue, concern whatsoever between Service users. It is your responsibility to be cautious and conduct a due diligence when dealing with other party. You agree that we are 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 Service users, or outside parties on the Service. You use the the Service at your own risk.
If you have a dispute with one or more users, a crèche, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, owners, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
20. GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
21. REPORT OF VIOLATION
Lastly, all feedback are valuable for our improvement. If you have any comment, please do not hesitate to write in to us. We will be happie to hear from you.
Effective: 4th April 2017