Introduction & Scope
This Agreement is effective on November 01, 2015 for current users and upon acceptance by new users. The Agreement is between you and Kiiboo. At the sole discretion of Kiiboo, a user who is found to be in violation of the following Agreement and any other policies posted on the website may be banned from using the website or any services.
Registration is not required to visit or browse the website; however, you will need to register to create an account if you desire to use all of the website’s services and features or to complete a transaction with us. When you create an account, you will create or be issued with, a username and password. Each registration is for a single person use only. Use of your username and password authenticates your identity as user, and Kiiboo is entitled to act on transaction instructions received when your username and password is used, regardless of whether their use is authorized by you. It is imperative to safeguard your username and password and keep them confidential. You shall be sole responsible for use of the Kiiboo Website and preventing unauthorized use and activities.
Representations and Warranties
Use of Website
Kiiboo provides the website and the materials for your individual use and solely for the purpose of carrying out individual transactions with the website. Any other use of the website or the materials is strictly prohibited. While using the Kiiboo Website, you agree that, either directly or indirectly, you will not:
Use the Kiiboo Website, if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the website;
Under any circumstances, create more than one account per person;
Request the return of Items you sent to us;
Circumvent or manipulate the fee structure, the billing process or fees owed to Kiiboo;
Transfer, sell, rent, assign, sublicense, or otherwise allow another party to access or use under or through your Kiiboo account, including feedback;
Use any network monitoring or discovery software to determine the website architecture, or harvest, extract or otherwise collect any information about member;
Reformat, hack, circumvent, frame or otherwise attempt to access portion of website or materials that are not explicitly presented to you;
Take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our website;
Modify, create derivative works from, republish, redistribute or delete from the Kiiboo Website or any of Kiiboo’s trademarks;
Use any device, software, routine or activity that interfere or attempt to interfere with the proper working of the Kiiboo Website;
Bypass other measures we may use to prevent or restrict access to the Kiiboo Website;
Post false, inaccurate, misleading defamatory or libelous content, including personal information; or
There is no fee to set up a new account or make a purchase on the website.
However, Kiiboo charges fees of 18% commission of final transaction cost for using our selling service. Shipping material is provided for free, but the actual shipping cost will be deducted from the final transaction cost. You will only pay the actual shipping cost of your transaction with no additional margins. If you select Paypal as a payout method, an additional 2.9% will be charged.
Our fee schedule, which we may change from time to time, is effective after we provide you with at least 15 days notice by posting the changes on the Kiiboo Website. We may temporarily change our fees for our services for promotional events or new services; such changes are effective when Kiiboo posts the temporary promotional events or new services on the website. In addition, Kiiboo may change its services at any time without notice in our sole discretion. Kiiboo also reserves the right to cancel and change any promotion, discount, coupon, or similar incentive prior to its originally stated expiration date.
Albeit, it is our goal to provide accurate product and pricing information for all transaction, at times pricing or typographical errors may occur. Kiiboo cannot confirm the price of an item until after you order the item. In occasion where listed Item expresses incorrect price or information due to an error, Kiiboo shall reserve the right, at our sole discretion, to reuse or cancel any orders placed for that item.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You as a user, it is your responsibility to pay all fees and applicable taxes associated with using our website and services in a timely manner with a valid payment method.
For any reason, if the payment of your Kiiboo fees cannot be completed or your account is past due, you risk penalties such as the suspension of privileges and/or termination of the account and other means of collection mechanism (including, without limitation, retaining collection agencies, legal counsel, and charging any payment method associated with your account).
100% of all donations will go to your charity of your choice. Due to minimum donation amounts, however, all donations will initially go to kiiboo's non-profit subsidiary, Kiiboo for Change. Upon month or quarter closing, the entire sum of donations for each charity will be sent to each corresponding charity if minimum donation amounts are met. If not met, all donations will be rolled over to the next month or quarter. If after one year, the minimum donation is not met for a charity, kiiboo.com will donate the amount up to the needed minumum donation amount so that the donation can be made.
The website contains text, images, marks, logos, photographs, graphics, designs, sound and video recordings, animation, compilations (meaning the collection, arrangement and assembly of information) and other material and content of the Kiiboo Website (collectively, the “Content”) that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or property rights owned by Kiiboo or other third parties. The “Content” is proprietary to us or to third parties. All trademarks and copyrighted information contained on the website are the property of their respective owners and all software used on the Kiiboo Website is proprietary to us or to third parties and it is strictly prohibited, either directly or indirectly, to modify, republish, redistribute, resell, decompile, reverse engineer, disassemble, merge, copy, and use.
Right to Refuse Service
Kiiboo is the consignee and Member is the consignor with respect to your Items. Kiiboo and Member are independent contractors and this Agreement in no way constitutes or gives rise to an agency, partnership, joint venture, employee-employer or other relationship between the parties.
Limitation of Liability & Disclaimer
Kiiboo makes no representations or warranties regarding the availability, performance or any kind of its Website. You expressly understand and agree that any use of the Website and reliance upon any materials shall be at your own risk.
THE WEBSITE, SERVICES AND MATERIALS PROVIDED BY KIIBOO ARE ON “AS IS”, “WITH ALL FAULTS” AND “AS ABAILABLE” BASIS, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. KIIBOO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFREINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENT, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE WEBSITE.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM KIIBOO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INTANGIBLE OR TANGIBLE, (INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME OR PROFIT, DATA, USE, GOODWILL OR REPUTATION, OR LOSS OF OR DAMAGE TO PROPERTY), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR ITS CONTENT, EVEN IF KIIBOO HAS BEEN INFORMED OR SHOULD HAVE KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED LIMITATION OR EXCLUSION OF WARRANTIES OR LIABILITY, SO SOME OF THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.