Introduction & Scope

Welcome to Kiiboo!  Kiiboo is a marketplace that can help you earn money by having your no longer needed items (each an “Item” and collectively, “Items”) sold.  Kiiboo will assist in obtaining your Items by providing you a shipping kit with prepaid postage and pre-addressed to send your Items in.  Kiiboo will then list and attempt to sell your items on our website or third party marketplace on a consignment basis.  By using or participating our services, tools, or applications (collectively, the “Kiiboo Website”) in any manner, including but not limited to visiting or browsing the website, you (the “user” or “you”) agree to the following Terms of Use (the “Terms of Use” or “Agreement”) with Kiiboo Inc., a California Corporation situated at 1245 North Patt Street, Anaheim, California.  Please read this Terms of Use Agreement carefully before using the website.  This Agreement sets for the legally binding terms and conditions for your use of the website.  Kiiboo may be referred to in these Terms of Use as “we” or “Kiiboo”.

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

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

A “Member” is any person who registers with a valid email address at Kiiboo.  If you register to open an account as a Member, you represent and warrant to Kiiboo that: (i) you have the licit capacity to form a binding contract; (ii) you are providing Kiiboo at all times true, accurate, complete, and up to date registration information (It is your responsibility to make any updates to that information); (iii) you are the lawful owner, free and clear of all liens and/or encumbrances, of each Items you are consigning and have all the necessary right, title, and authorization to consign such Items and permit the Kiiboo to offer, sell, and deliver the Items to any third party; (iv) your Items are not stolen, fraudulent and counterfeit, and do not infringe the proprietary rights, including, without limitation, copyrights, patents, domain names, trademark rights or any other intellectual property rights, of any third party; (v) you will comply at all times with the Terms of Use and applicable law; and (vi) your use of the website and any transactions that you make with us will not violate the rights of any third party.  If you breach any of the above representations and warranties, you may be ineligible to use or participate in the future.  

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

Violate the Terms of Use, applicable law or the rights of others.

Fees

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).  

Donation

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.

Ownership

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.

Without limiting the foregoing, except for personal information, Kiiboo will be entitled to unrestricted use and other exploitation of the content provided by the Member for any purpose whatsoever, by any means, by any media, without compensation to the provider, author, creator or inventor of the content.  Member agrees that any content provided is non-confidential (but subject to Kiiboo’s Privacy Policy).

Right to Refuse Service

Without limiting other remedies, Kiiboo may immediately limit, suspend or terminate any Member’s access to or ability to use the Kiiboo Website and its Content, and refuse to provide future services to any Member if we determine in our sole discretion that Member: (i) is or may be breaching these Terms of Use; (ii) may cause financial loss or legal liability to you, Kiiboo, any of affiliates, or other Members; (iii) is acting inconsistently with the letter or spirit of our policies; (iv) modify or discontinue any part of or all of the Kiiboo Website, or has been inactive for a long time; and (v) for any other reason at any time.

Agency

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. 

Indemnity

You agree to defend, indemnify, and hold harmless Kiiboo and its affiliates, and their respective officers, directors, employees, parents, and subsidiaries from and against all claims, demands, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any representation or obligation under these Terms of Use.  Kiiboo reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

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.