THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS (“TERMS”) ON WHICH IHAGGLE CORPORATION, OFFERS YOU ACCESS TO OUR SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY.
Welcome. iHaggle is an exciting new and easy-to-use marketplace to buy and sell goods in a negotiation format – “A place to find the best price from all brands in one place. ” Our service is based upon trust, and these Terms help to promote trust among you and other users of iHaggle.
As a condition of your participation in the iHaggle services (the “Services”), you (hereinafter “You” or “User”) agree to abide by the Terms of this User Agreement (“Agreement”).
By accessing the pages or the information contained on the iHaggle web site located at http://www.iHaggle.com.au (“the Site” or “our Site”) through any device or service, or by using the Service in any manner, You agree to be bound by the following Terms. You may review this Agreement at any time by clicking on the User Agreement link at the bottom of any page. In addition, if You visit any of our partners’ web sites or arrive at our Site through one of our many partners’ web sites, You may also be subject to the terms and conditions of that web site.
Modifications of Terms: iHaggle reserves the right to make changes to our Site, this Agreement, or the policies incorporated herein by reference. iHaggle will email you or post a conspicuous notice on the Site in the event of any material revisions to this Agreement. Your continued use of our Site after those revisions become effective will signify Your acceptance of those revised Terms.
Membership / Access Eligibility: Our Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended members of iHaggle. If You do not qualify, please do not use our Services. Additionally, iHaggle reserves the right to refuse access to, or use of our Site to anyone, at anytime, in its sole discretion.
Registration / Your Account: You may browse the Site for free and without registering. However, You must register on the Site (“Registration”) to use our Services. During Registration You will be asked to provide information such as Your name, address, telephone number and email address. You will also be asked to create an account consisting of a User ID and password (“Your Account”) to identify yourself in future visits to the Site. It is YOUR responsibility to maintain the confidentiality of Your User ID and password and You agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account (including rating and feedback) to any third party.
Joining iHaggle and making offers on items are free.
Credit Card Verification: Generally, iHaggle requires sellers to have a valid credit card on file. In order to verify your credit card, one or two non-refundable charges between $0.01-$2.00 USD will be made. Once the charges appear on your statement, you will need to confirm those amounts in your iHaggle account. iHaggle will also verify Your credit card information (including expiration date and billing address).
Credit Card Billing: Other than the seller verification process (above), iHaggle will not charge Your credit card unless You conduct an activity on our Site that has a fee associated with it. Before incurring fees, You will have an opportunity to review and accept the fees that You will be charged for the use of our Services. By agreeing to a transaction with a fee, You authorize us to charge your credit card.
We reserve the right to change or discontinue, temporarily or permanently, some or all of our Services at any time with or without notice. In the event we introduce a new service, the fees for that service are effective at the launch of the service. We may also choose to temporarily lower the fees for our Services for promotional events (for example, free listing days), and such changes are effective when we post information about the promotional event on the Site. Additionally, we may change our Fee Policy and the fees for our Services at any time and in our sole discretion. Except for the foregoing fee changes, our changes to the Fees Policy are effective after we post the changes on our Announcement Board.
iHaggle is only a Venue: Our Site acts as an open marketplace for users to buy and negotiate the purchase and sale of goods. FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE GOOD(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SITE!
Safe Trading: Because user authentication on the Internet is difficult, iHaggle cannot and does not confirm each user’s purported identity. Thus, we have established a feedback system to help You evaluate the user with whom You are dealing. We also encourage You to communicate directly with potential buyers or sellers through the features available on our Site.
Listing Restrictions: iHaggle prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, but not limited to, items listed in our Prohibited Items Policy available at http://www.iHaggle.com.au/info/listing_policy. In addition, iHaggle requires members to be registered for at least 48 hour before listing certain items on its site, including without limitation, handbags, bags, clutches, shoulder bags, shopping bags, hobos, bowling bags, cross body bags, pouches, bugattis, sling bags, totes, wallets, purses, designer bags, satchels, messenger bags, padlock bags and hand bags
Selling: You must have the legal authority to sell the goods that You are listing for sale on our Site. You must describe Your item and all terms of sale in Your listing. If You accept an offer, You are obligated to complete the transaction with the other party unless (i) the transaction is prohibited by law or this Agreement, or (ii) the buyer materially modifies the terms and conditions of the buyer’s offer. You are also responsible for payment of the transaction fee as set forth in the Fee Policy. An offer to sell may be retracted at any time prior to its acceptance. Please refer to our Non-Paying Buyer guidelines available at http://www.iHaggle.com.au/info/fees_and_credit_policy for more information.
Buying: If You make an offer and the offer is accepted (or You use our Buy It feature), You are obligated to complete the transaction with the other party and to be bound by the terms and conditions specified by the seller, unless (i) the transaction is prohibited by law or this Agreement, (ii) the seller materially changes the item’s description or the item does not conform to the seller’s description, or (iii) a typographical error exists in the listing information which materially affects the terms of sale. An offer to buy may be retracted for any reason at any time prior to acceptance by the seller.
User Information: “User Information” is defined as any and all information or data You provide to iHaggle or other users during the Registration, offer, sale or user ranking process, and through any interactive feature of the system, including email. You represent and warrant that Your User Information (i) is not false, inaccurate, incomplete or misleading; (ii) is not fraudulent and does not involve the sale of counterfeit or stolen items; (iii) does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) does not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (v) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; (vi) is not obscene and does not contain child pornography; (vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) does not create liability for iHaggle nor cause iHaggle to lose (in whole or in part) the services of our ISPs or other suppliers; and (ix) does not link directly or indirectly to another web site. Furthermore, You may not list any item on our Site (or consummate any transaction that was initiated using our Service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current listing restrictions. You agree not to make use of any other user’s User Information other than as necessary to complete any transactions in which You and the subject of the User Information are involved.
Use Restrictions: Our Services may be used only for lawful purposes. Transmission, posting, distribution or storage of material or conduct in violation of any applicable local, state, provincial, federal or foreign law or regulation is strictly prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity or violates export control laws. You agree to comply with any applicable laws, statutes, ordinances and regulations (“Laws”) regarding Your use of the Site and our Services and the contractual obligations related to your buying and selling activities. You agree not to use the Site in any manner that violates, or proposes a transaction which, if consummated, would violate any Laws, expose iHaggle to civil or criminal liability, or violates this Agreement. You agree that You are solely responsible for obtaining all necessary licenses and permissions necessary for Your transactions and for verifying that other Site users with whom You transact do the same. You agree that You will not use any information on our Site or any information You learn about any buyer, seller or other user for any purpose whatsoever beyond those necessary to complete transactions on our Site. Any action designed to undermine the system and to alter Your user profile or the profiles of others is strictly prohibited. You further agree that you will not use any robot, spider or other automated device, process or means to access the Site, and that you will not otherwise engage in any copying of the Site for any commercial purpose.
Compliance with Intellectual Property and Rights of Publicity Laws: You agree not to link to any third party’s web site or any file or data on a third party web site without that third party’s permission. You agree that You will not use any automatic or manual process to monitor or copy any portion of the Site without iHaggle’s prior written permission. You agree not to use the Site in any manner which violates, or proposes a transaction which, if consummated, would violate the trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other proprietary rights of iHaggle or any third party. When accessing the Site or using iHaggle’s services, You agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to applicable U.S. and International law regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information, content, goods or merchandise in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by such laws regarding copyright ownership and use of intellectual property, and You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any information, content, goods or merchandise You provide, transmit, distribute or sell, or that is provided, transmitted, distributed or sold using Your User ID. The sale of unauthorized, counterfeit or replica products is prohibited, and the use of a third party’s trademark in connection with non-genuine goods is prohibited. The burden of proving that any User Content does not violate any laws or their party rights rests solely with You. If You are identified as selling unauthorized goods, iHaggle reserves the right to disclose Your identity and contact information ( including any aliases or alternate IDs or email addresses that You may have previously used ) and credit card information, upon request of the intellectual property rights owner, and to assist in any prosecution. This disclosure may be made without notice to You. View our Copyright Policy. iHaggle’s Copyright Policy is expressly incorporated into this Agreement by this reference.
Use of Software: iHaggle may make certain software available to You from the Site. If You download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed licensed to You by iHaggle, for Your personal, noncommercial, home use only. such download does not transfer either the title or the intellectual property rights to the Software, and iHaggle retains full and complete title to the Software as well as all intellectual property rights therein. You shall not sell, redistribute, or reproduce the Software, nor shall You decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by iHaggle or its licensors and You shall not copy or use them in any manner.
Waiver of Claims: By using the Site, the Software or iHaggle’s services, You signify Your agreement to and do thereby waive all claims which have not been filed but may have accrued against iHaggle or its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates prior to or as of the date of said posting, regardless of the gravamen of the action, whether in law or equity, and such claims are forever barred.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT USE OF OUR SERVICE IS AT YOUR SOLE RISK. THE SITE AND OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. IHAGGLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR SERVICES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
IHAGGLE MAKES NO WARRANTY THAT THE SERVICE WILL SATISFY YOUR REQUIREMENTS, OR THAT OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES IHAGGLE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.
YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IHAGGLE OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY. NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY: IN NO EVENT SHALL IHAGGLE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO DAMAGES FOR NEGLIGENCE OR FOR CAUSE), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (I) OUR SITE, SERVICES OR THIS AGREEMENT, (II) THE RECEIPT OF DATA, INFORMATION OR MESSAGES, (III) TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, EVEN IF IHAGGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL IHAGGLE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL IHAGGLE’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS, OR CAUSE OF ACTION EXCEED THE LESSER OF (I) THE DOLLAR VALUE OF THE ACTUAL LOSS OR (II) ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for incidental or consequential damages so some of the foregoing above may not apply to You.
Affiliated Sites: iHaggle has no control over, and no liability for any third party websites or materials. iHaggle may work with a number of affiliates whose Internet sites may be linked with the Site. Because neither iHaggle nor the Site has control over the content and performance of these partner and affiliate sites, iHaggle makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and iHaggle assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with Your use of the Site, You may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that iHaggle makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content.
Prohibited Uses: iHaggle imposes certain restrictions on Your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (i) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mail bombing”, or “crashing”; (iv) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (vi) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by iHaggle in providing the Site. Any violation of system or network security may subject You to civil and/or criminal liability.
Your Indemnity: You agree to defend, indemnify and hold iHaggle and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless against any and all claims made by or liability to any third party resulting from any activities conducted under Your Account, Your use or misuse of the Site, including, but not limited to, posting content on the Site, entering into transactions with other Site users, contacting others as a result of their posting(s) on the Site, infringing a third party’s intellectual property or other rights, failing to deliver goods or payment to other Site users or otherwise arising out of Your breach of any Terms of this Agreement.
Release: Because we are not involved in the actual transaction between buyers and sellers, in the event that You have a dispute with one or more users, You release iHaggle and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing this release, which if known by him must have materially affected his settlement with the debtor.”
Arbitration: iHaggle is not liable under this Agreement for any injury You may suffer or allege to suffer as a User of this Site. In the event, however, that You wish to assert any claim against iHaggle for any purpose whatsoever, You expressly agree that such dispute will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and that the arbitration will take place in Carson City, Nevada. You agree that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Legal action taken by iHaggle to collect fees and/or recover damages for, or obtain an injunction relating to, the Site operations, intellectual property, and our Services shall not be subject to the foregoing restrictions.
Copyright: All contents of Site are: Copyright © 2013 iHaggle Corporation, 1000 East William St. #204, Carson City, NV 89701. All rights reserved.
No License: Nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by iHaggle or by any third party.
Notice: Any notices given pursuant to this Agreement that are directed to iHaggle shall be given by postal mail to: iHaggle Corporation, 1000 East William St. #204, Carson City Nevada 89701 Attn: Legal. Any notice from iHaggle that is directed to You shall be delivered to the mailing address or email address You provided us at the time of Registration. Notice shall be deemed given twenty four (24) hours after email is sent, unless iHaggle is notified that the email address is invalid or, in the case of notice sent via postal mail, three (3) business days after the date of mailing. iHaggle may also give notice of changes to these Terms or other matters related to iHaggle by displaying notices to Users on the Site.
General: This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles, as if formed by between California residents. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. If any part of this Agreement is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. iHaggle’s failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. You and iHaggle are independent contractors. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Sections 4 (Fees and Charges), 11 (Limited License), 17 (Waiver of Claims), 18 (Disclaimer of Warranties), 19 (Limitation of Liability), 22 (Your Indemnity), 23 (Release), 24 (Arbitration), 27 (Notice) and 28 (General) shall survive any expiration or termination of this Agreement.