Terms of Service
- Introduction To BoomZBox.. GJ69 Trading Pte Ltd, a Singapore Private limited liability company, its subsidiaries, and affiliates (collectively, “BoomZBox”, “we”, “us”, and “our”), is a global solutions provider for the reverse supply chain. Each year, billions of dollars in merchandise goes back to national retailers, and much of this merchandise is fully functional and like new, but returned for reasons like the wrong size, buyer’s remorse, or because it did not meet customer expectations. Some merchandise may also have been returned for being defective or non-conforming. Once returned, most of the merchandise cannot go back on primary store shelves, so we provide liquidation asset management and sales solutions for these goods (collectively, “ Assets”), to give our buyers the opportunity to get great inventory at deep discounts. Our website is the premier marketplace for the aforesaid Assets.
- Terms and Conditions For Accessing Our Website. BoomZBox.com offers this website, including all information, tools and services available from this Website to you, the user (hereinafter sometimes referred to as the “Buyer”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting any of our websites (collectively, “Website”) as a guest, and/or by registering as a buyer on our Website, and/or by purchasing Assets (as hereinafter defined) from our Website, and/or by generally using our Website and services, you agree that you have read, understood, and accepted these Buyer & User Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink on our Website (collectively, “T&Cs ”). The T&Cs govern your relationship with us, and shall apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content, including but not limited to (i) any purchases of Assets through our Website; (ii) any purchases of our services and/or related transactions (collectively, “Services”); and (iii) any disputes that could arise from the purchase of Assets and/or Services from our Website. Therefore, please read these T&Cs carefully before accessing or using our Website, and if you do not agree to all the T&Cs contained herein, then you may not access our Website and may not purchase any Assets and/or Services from our Website. However, if you agree to the T&Cs in their entirety, then you may access our Website and purchase Assets and/or Services from our Website. Please be reminded that by accessing or using any part of our Website, you agree to be bound by these T&Cs and we will assume that you have expressly agreed to each term contained herein. Please be advised that we may amend these T&Cs at any time by posting the changes on our Website, and it is your responsibility to check this page periodically for any such changes, because you shall be deemed to have agreed to be bound by those changes unless you send us an email to the contrary using the “contact us” section of our Website, at which time you will no longer be allowed to purchase Assets and/or Services from our Website. Your continued use of this Website and/or availing yourself of our Services after changes have been made to the T&Cs shall constitute your unequivocal acceptance of such changes. Any objection and/or issue that may arise in connection with your use of our Website should be directed to our customer service department, which can be reached using the “contact us” section of our Website. Each specific sale of Assets and/or Services may include additional terms specific to that sales event that are described in the listing of the Assets (each a “Listing”), and each Listing hereby incorporates by this reference these T&Cs. The more stringent or specific additional terms and conditions of a Listing take priority over these T&Cs, and if a conflict arises between them, the more specific provision shall control.
3. Rules for Buyers/Users. When purchasing Assets and/or Services from our Website, you agree to these rules:
a. You must provide us an accurate and verifiable mailing and physical address, telephone number, email address and other requested information;
b. You must be a real person, business or legal entity;
c. If you are an individual, you must be at least eighteen (18) years of age and able to enter into a legal contract;
d. If you are registering on behalf of a business or legal entity, you must have authority to enter into a legal contract on behalf of that business or legal entity;
e.You are responsible for reading the full Listing before purchasing an Asset and/or Service from our Website;
f. You may not copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content from our Website or our Services;
g. You may not transfer or otherwise provide your username and password to another third party without our consent; provided, however, a username and password for a business entity can be transferred among authorized employees of the same business entity;
h. You may not engage in bribery, which we define as giving or offering anything of value in exchange for any unfair economic advantage, and not receive from any employee of JoyGifts anything of value in exchange for an unfair economic advantage;
i. You must comply with all laws and regulations applicable to the purchase of Assets and/or Services, including the use, resale or export of the same; and
j. You are responsible for all purchases made from your account.
4. Access to our Services and Website.
a. Restricted Parties. You represent that you and any business or party for which you are acting as an agent are not listed on the U.S. Department of Commerce Denied Persons, Entity or Unverified Lists, the U.S. Department of State’s Debarred and Nonproliferation Lists, or the Specially Designated Nationals List, any European Union Sanctions List, the United Kingdom HMT List, any United Nations Sanctions List, or similar or successor lists, (collectively, the “Restricted Party Lists”), and that if it is discovered that you were on a Restricted Party List, or are an agent for a party on any Restricted Party Lists, any sale shall be deemed void, and you are liable to us for all damages resulting from your misrepresentation.
b. Embargoed Countries. You represent and warrant you are not in an embargoed country nor are you acting on behalf of the government or any person in an embargoed country. The list of embargoes can be found on the US Treasury Website. This list may change occasionally without advance notice.
c. One Registration. A limit of one registration per business or individual will be enforced on our Website. We may deactivate duplicate registrations. Please contact customer service if you have multiple registrations. In such cases, we must approve the use of multiple accounts in writing and in advance. Further, a default by one account will automatically impact the related second account except as waived by us in writing.
d. Reservation of Rights. We reserve the right to do any of the following up to the time the Assets are sold:
i. Withdraw any Assets offered for sale;
ii. Whenever Assets are grouped together as a single unit using BoomZBox proprietary method (a “ Lot”), we can combine (including in bulk), sub-divide, alter or amend any such Lot;
iii. Delay or rescind the sale of any Asset for any reason;
- If we decide not to ship Assets to you, our liability is limited solely to the return of the purchase price paid for the Assets.
- We reserve the right to do any of the following at any time: 1. accept or reject all orders and purchases;
- Refuse to do business with any party, including existing and former customers;
- limit, suspend, restrict or terminate our Services, your account, your access to our Website and your activities on our Website with or without cause or notice to you;
- Limit or cancel quantities purchased per person, per business, per household, or per order;
- Reject any order;
- Correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment received.
- We may also modify or discontinue part or all of our Services at any time.
e. Restrictions on use of the Website. As a condition of your use of the Website, you shall not:
i. Upload, post, email, transmit or otherwise make available any content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
ii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
iii. Use the Website in any way that violates any local, state, provincial, federal, national or international law or regulation or that is prohibited by these T&Cs;
iv. Use the Website in any manner that could damage, disable, overburden, or impair the Website;
v. Use any device, software, routine or other means to interfere or attempt to interfere with the proper working of the Website and the Service;
vi. Take any action that imposes an unreasonable or disproportionately large load on the Website or our infrastructure;
vii. Interfere with or disrupt any computer networks involved in the provision of the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
viii. Interfere with any other party's use of the Website;
- Use the Website in such a way as to gain unauthorized access to the computer systems of others;
- Sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Website, including, but not limited to, your user account and password; or
- Use spiders, crawlers, robots or any other similar means to access the Website or substantially download, reproduce or archive any portion of the Website, or otherwise engage in any data-mining activities using the Website or in any commercial use of the information obtained through the Website.
5. Payments. If you purchase an Asset on our Website, you agree to make payment in full for the total transaction, shipping costs, any other amounts specified in the Listing, and all taxes due, if applicable, in lawful funds. We may issue invoices in electronic form by email.
- Setoffs. We reserve the right to set-off any fees or other amounts you owe us for any reason from any of your funds in our possession or that are paid or received from you for one or more purchases of Assets.
- Currency of Payment. Payment shall be made in US currency. Any bank charges in respect of conversion or transfer of monies shall be met by the buyer.
- Forms of Payment. Unless otherwise specified in a Listing or on a marketplace on our Website, acceptable forms of payment include PayPal®, VISA®, MasterCard®, or American Express®. Other forms of payment are not permitted. We reserve the right to charge a $25.00 fee for any rejected credit card transaction.
- No Third-Party Funds. All funds must come from you as the buyer.
- Chargebacks. If you attempt to rescind a credit card transaction, then we may immediately and permanently de-activate your account in our discretion. If you perform a charge-back after receiving the Assets, we may file charges with the appropriate law enforcement agency and reserve the right to pursue all remedies available to us to recover any incurred damages. As specified in Paragraph 1 of the within T&Cs, although much of the Assets being sold by us are fully functional and like new, some were returned because they did not meet customer expectations, or have been returned for being defective or non-conforming. The fixed price for a particular Lot (as previously defined in Paragraph 4.d.ii) takes into account possible defective or non-confirming Assets, as a Lot is valued in the aggregate and not for its individual items (e.g., one item in a particular Lot could be worth more than all of the remaining items in said Lot which could be non-conforming or defective). Therefore, the price that a buyer pays for a particular Lot can be justified even if the Lot contained one or more non conforming or defective Assets. Each buyer understands that each Lot is being purchased AS-IS, WHERE-IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND AT BUYER’S SOLE RISK, so any attempt by a buyer to chargeback a purchase simply because one or more non-conforming Assets were included within a particular Lot shall be in bad faith, and we shall vigorously oppose such an attempt.
Inspection of Assets. The Assets being sold by SGBARGAIN do not permit inspection of any kind prior to placing an order, as all such Assets are sold AS-IS, WHERE-IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND AT BUYER’S SOLE RISK.
7. Delivery of Assets. Shift of Risk of Loss and Title Transfer. Unless specified otherwise in a Listing, delivery of the Assets is FOB place of origin, freight collect, and title to the Assets will transfer to the buyer following receipt of all funds and upon delivery of the Assets to the shipping company for shipment. Buyer shall be responsible for all title, registration, freight and transportation costs and shall use the Assets in accordance with all applicable laws.
8. Intellectual Property Rights
a. Trademarks and Publicity. You have no rights to display or use JoyGifts tradenames, domain names, trademarks or service marks without our express written permission, which we may withhold in our discretion.
b. GJ69 Trading’s Ownership of Intellectual Property related to our Services and Website. You acknowledge and agree that our Services, our Website and any software and information used in connection with our Website (“Software”) contain proprietary and confidential information protected by intellectual property and other laws. You further acknowledge and agree that any content on the Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
c. Listing Data. You may not: (i) record, store, duplicate, reproduce, re broadcast or otherwise exploit any data or audio/video content transmitted to you as part of our Services or your use of the Website (collectively, “Listing Data”); (ii) frame or utilize any framing technique to enclose any Listing Date; (iii) decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the Website; or (iv) access the Website for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by BoomZBox. We own all right, title and interest in, or have a valid sublicense in, all Listing Data. Notwithstanding these T&Cs or any written agreement entered into with you, BoomZBox may: (1) gather transaction data from you and other buyers to improve its marketplaces and its Services; and (2) compile, collect, copy, modify, publish, display, distribute and use aggregate transactional and performance data related, generated from or based on the sale and purchase of Assets on the Website for BoomZBox analytical and other business purposes. In the event of a sale of a marketplace or its assets to a third-party purchaser, we may transfer Listing Data and information related to your account if you have purchased Assets on that marketplace. Listing Data includes all such transaction and aggregate transactional data.
d. Trade Secrets. You acknowledge and agree that our Software and Listing Data constitute trade secrets protected under the applicable state and federal law.
e. Ownership of Intellectual Property in Assets. You acknowledge that any software or intellectual property rights contained in an Asset may not be our property or capable of being transferred to you by us, unless expressly stated in a Listing. We do not in any way authorize the use by you of such software or intellectual property rights and any use of such software or exploitation of such intellectual property rights shall be at your sole risk.
9. Disclaimer of Warranties
a. Our Services. We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services or our Website. You agree that you are making use of our Services at your own risk, and that our Services are being provided to you on an “AS IS” and “AS AVAILABLE” basis. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. Assets. Unless expressly stated otherwise in writing in a Listing, if you purchase Assets from our Website, you agree to accept such Assets AS IS, WHERE-IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND AT BUYER’S SOLE RISK. As specified in Paragraph 1 of the within T&Cs, although much of the Assets being sold by us are fully functional and like new, some were returned because they did not meet customer expectations, or have been returned for being defective or non-conforming. UNLESS EXPRESSLY STATED IN WRITING IN THE LISTING, WE DISCLAIM TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE ASSETS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE ASSETS ARE FREE FROM LATENT DEFECTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, NATURE, CONDITION, GENUINENESS, AUTHENTICITY OR COMPOSITION OF THE ASSETS OR REGARDING THE COMPLIANCE OF THE ASSETS WITH THE REQUIREMENTS OF ANY SPECIFICATIONS, LAWS OR REGULATIONS. YOU AGREE TO REPAIR, AT YOUR COST, ANY ASSET PURCHASED TO A SAFE OPERATING CONDITION AND, WITHOUT LIMITATION, TO A CONDITION WHICH MEETS ANY STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW OR REGULATION INCLUDING THOSE CONCERNING ANY USE TO WHICH THE ASSET MAY BE PUT. YOU ARE SOLELY RESPONSIBLE FOR THE ASSETS’ ABILITY TO ACHIEVE THE RESULTS YOU INTEND. WE DISCLAIM ANY WARRANTY OR OTHER OBLIGATION ON ACCOUNT OF ANY CLAIM OF INFRINGEMENT OR MISSAPPROROIATION OF PATENTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH THE ASSETS. UNLESS OTHERWISE STATED IN A LISTING, PHOTOGRAPHS, VIDEO, AND WRITTEN DESCRIPTIONS ARE NOT INTENDED AS REPRESENTATIONS, BUT ARE PROVIDED SOLELY TO AID YOU IN DETERMINING WHICH LISTINGS YOU WISH TO PURCHASE (e.g., a picture of a Kitchen Aid blender only conveys that the asset is a Kitchen Aid blender, but it does not convey that the blender is operable). Buyer understands that nearly all of the Assets are pre-owned, and some may be broken and may constitute a dangerous hazard (e.g., broken glass). Buyer shall be careful whenever handling any such Asset, and in addition to the disclaimers contained herein, Buyer hereby indemnifies and holds JoyGifts harmless from and against any injury and/or other liability that results in connection with the acquisition of the Asset, including and especially if the Asset becomes a hazard as a result of breakage or prior use.
c. Warranty. Notwithstanding anything to the contrary in the disclaimer set forth above, all Assets purchased on our Website marketplace are sold AS IS, WHERE-IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND AT BUYER’S SOLE RISK, and all disclaimers set forth herein shall apply to all such assets.
10. Limitation on Liability. To the extent permitted by applicable law, we (including our members, managers, officers, directors, employees and agents) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, damage to goodwill or reputation, lost profits, attorneys’ fees, intangible losses or any special, indirect, incidental, punitive or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our Services or Website;
- Pricing, shipping or other guidance provided by us;
- Delays or disruptions in our Services or Website;
- Viruses or other malicious software obtained by accessing, or linking to, our Services or Website;
- Glitches, bugs, errors, or inaccuracies of any kind in our Services or Website;
- Damage to your hardware device or other computer systems or software from using any of our Services or Website;
- A suspension or other action taken regarding your account;
- Your need to modify practices, content, or behavior or your loss of or inability to do business, because of changes to these T&Cs, our Services or Website;
- Your inability to export Assets, or fines or costs incurred related to exporting of Assets; or
- Any act or omission of a third-party.
- Irrespective of the preceding provision, if we are found to be liable for any reason, our liability to you or to any third party is limited to the purchase price of the Asset (including any applicable sales tax).
12. Defense and Indemnity. You will defend, indemnify and hold us (and our affiliates and subsidiaries, and our and their respective members, managers, officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by you and/or any third-party due to or arising out of your breach of these T&Cs, your improper use of our Services or our Website, your subsequent sale of Assets, your use or handling of the Assets, your breach of any law or the rights of any third party, and/or your failure to fully read the within T&C to understand the rights you are relinquishing herein.
13. Disputes. You, as the Buyer, hereby agree to binding arbitration to resolve any dispute between you and JoyGifts.
14. Variances. We reserve the right to vary the quantity delivered based upon the availability of Assets,
15. Return Policy. All sales are final and cannot be returned for any credit.
16. Legal Disputes.
- Governing Law. For disputes between you and BoomZBox, these T&Cs will be governed and construed in accordance with the laws of Singapore . The United Nations Convention on Contracts for the International Sale of Goods do not apply.
- Jurisdiction. Venue for all disputes arising under or related to these T&Cs will be in accordance with the laws of the State of California. Each party irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court.
- Waiver. Our failure to exercise or enforce any right or provision of these T&Cs will not be deemed a waiver of such right or provision. Any waiver of any right, provision, term or condition must be in writing, signed by our authorized representative and be effective only for the instance specified in writing.
a. Value Added Tax or General Sales Tax. In some countries such as the United Kingdom, VAT (as defined below) applies to sales events. All orders are net of any VAT and other indirect taxes imposed regarding the sale or purchase transaction. Buyers are liable for all such taxes for all purchases. The successful purchase of an Asset will be exclusive of VAT and other indirect taxes, and the amount payable by you will be increased by VAT and other indirect taxes owed. Similarly, all fees and other amounts payable to us are calculated without regard to VAT so the amount payable by you will be increased for VAT if applicable. The amount payable will be subject to VAT if you do not provide all necessary documentation required to substantiate a VAT rate other than the standard VAT rate (e.g., 0% export rate or 0% rate for intracommunity supplies within the European Union) which will include: (i) satisfactory proof of export by the buyer; (ii) the corresponding amount of tax refund from the relevant tax authority; and (iii) the relevant tax forms (if applicable). If you have a VAT registration number, you must enter it when registering on our Website and you are required to immediately notify us if it ceases to be valid. You will indemnify us (and our respective members, managers, officers, directors, agents and employees) against any tax, cost or expense relating to your failure to satisfy any VAT chargeable in relation to a transaction. For the avoidance of doubt, it is your responsibility to satisfy yourself that any VAT (or similar) charges or related obligations have been met in relation to a transaction. For the purposes of these T&Cs, “VAT” means value added tax as provided for in the EU VAT Directive 2006/112/EEC or similar tax in countries outside the EU.
19. Environmental Responsibility. Certain Assets may have components, parts, constituents or ingredients that may be corrosive, reactive, and ignitable or exhibit other hazardous or toxic properties. You are cautioned to remove, use and ultimately dispose of any hazardous components or constituents according to all applicable laws and regulations in a manner safe for the public and the environment. Certain Assets or components of Assets may contain residual chemicals, friable asbestos, petroleum products and ozone depleting substances or other hazards. You acknowledge and agree that we are not responsible for providing documentation or certification regarding the identification or status of these substances. Certain Assets may not necessarily comply with the Health and Safety at Work Etc. Act 1974, Environmental Protection Act 1990 or any other UK and/or EC Acts, Regulations, Directives or their applicable laws or equivalent or similar laws in any relevant jurisdiction. Buyers must comply with all environmental laws when disposing of Assets, including all laws related to waste disposal, air emissions, discharges, toxic substances and hazardous waste disposal. If you dispose of consumer electronics purchased through our Website or Services, you must dispose of such electronics using a certified electronics recycler (for example, R2 or eSteward certified), and failure to do so may subject your account to restriction and even deactivation, and other legal or equitable remedies that may be available to us. For the avoidance of doubt, BoomZBox has no duty to remove any hazardous, toxic, corrosive, reactive or ignitable substances that are contained in or are a part of any Asset.
20. Communication & Notices
a. Electronic Communications. When you use any of our Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or posting notices on our Website or through the other Services provided through our marketplaces. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
b. Notice. All notices to us should be directed through the “contact us” section of our Website.
a. Severability. If any provision of these T&Cs is held to be invalid, void or for any reason unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
b. Assignability. In our discretion, we may assign your account and these T&Cs in whole or in part to any purchaser of a marketplace or all or a portion of our business. Users may not assign these T&Cs or their account without our prior written consent.
c. Amendments. We may amend these T&Cs (including any document incorporated by reference) at any time by posting the amended terms on our Website. Our right to amend these T&Cs includes the right to modify, add to, or remove terms in these T&Cs. All amended terms will automatically be effective after they are posted on our Website. Your continued use of the Website after our posting of any amendment will constitute your acceptance of such changes. Changes to these T&Cs will be effective from the time they are placed on our Website. You will not receive any other notice of a change in these T&Cs outside of posting updates to these T&Cs displayed on our Website.
d. Force Majeure. Except for the obligation to pay amounts due to the other party, neither party to these T&Cs will be liable for any delay or failure to comply with its obligations under these T&Cs if such delay or failure results from circumstances beyond its control. Neither party will be considered in breach of these T&Cs to the extent that any of its respective obligations (excluding payment obligations) are prevented by a force majeure event that arises after the date an obligation is due to be performed. The term “force majeure event” means an event beyond the control of either party that prevents one party from complying with any obligations under these T&Cs, including, but not limited to, severe weather, war or hostilities, insurrection, riot or civil unrest, strike or other labor action, environmental contamination or release of radioactive, chemical or biological agent into the atmosphere, epidemic, pandemic, terrorist act(s), cyber-attack, outage with respect to a third party hosting service (e.g. Microsoft Azure or Amazon AWS) or similar events beyond the reasonable control of a party.
e. Records the User’s Responsibility. We do not guarantee the preservation or maintenance of records relating to your transactions or the Services. We encourage you to keep individual records and an accounting of all activity conducted through our Website.
f. Independent Contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these T&Cs.
g. Third Party Rights. No person who is not a party to these T&Cs has any right to enforce any term of these T&Cs.
h. Service Provider. You acknowledge that we are entitled to subcontract any of our contractual obligations or assign any of our rights related to the provision of Services described to third parties selected by us.
j. Survival. The following Sections survive any termination of these T&Cs: Payments, Intellectual Property Rights, Disclaimer of Warranties; Limitation on Liability; Defense and Indemnity; and Legal Disputes.
k. Electronic Signatures in Global and National Commerce Act. Purchasers on our Website consent to these T&Cs by using this Website and by clicking the electronic link indicating your agreement to be bound to these terms during registration on one of the marketplaces, and you meet the requirements of the Electronic Signatures in Global and National Commerce Act (“ESIGN”), as amended. Changes to these T&Cs will be effective from the time they are placed on our Website. You will not receive any other notice of a change in these T&Cs outside of posting updates to these T&Cs displayed on our Website.
l. Copyright & Intellectual Property Policy. We respect the intellectual property of others, and we expect you to do the same. We respond to notices of alleged copyright or other intellectual property infringement. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Website, you should contact our Copyright Agent. Provide our Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
m. Disclaimer of Third-Party Content . While we may provide links to third party Websites and services on our Website, they are provided to you solely for informational purposes. You agree that we are not responsible or liable for (a) the availability or accuracy of such Websites, services or resources; (b) the content, advertising or products on or available from such Websites or resources; or (c) the privacy policies and data collection, use or retention practices of such Websites. The inclusion of any link on our Website does not imply that we endorse the linked Website. You use such links solely at your own risk.
n. Class Action Waiver. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, You agree and understand that you will not bring against SGBARGAIN, or any of its affiliates or related entities, and the members, managers, directors, officers, agents, and/or employees any class, CONSOLIDATED OR REPRESENTATIVE action related to your access to, dealings with, or use of our Website, AND ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.
o. SGBARGAIN'S Discretion . Any and all references in these T&Cs to actions, rights, decisions, options or waivers requiring our discretion shall mean the sole, absolute and unfettered discretion of BoomZBox.
p. Notifications for Copyright and Trademark Infringement. SGBARGAIN may be notified about claimed infringement through the “contact us” section of our Website.
q. Related Documents Incorporated by Reference.
- Export Policy. It is the policy of GJ69 Trading Pte Ltd and its subsidiaries and affiliates (“we”) to comply with all applicable export control laws. Export control laws restrict certain types of information, technologies and assets that can be transmitted or transferred from one country to another or from individuals in one country to individuals in another country. Except as otherwise defined herein, all defined terms shall have the same meaning as given in our User Terms and Conditions Agreement as posted on our website. Your purchased Asset may be subject to export restrictions including, but not limited to, the export control laws of the United States, European Union, or other applicable laws. Your purchased Asset may not be eligible for export to your intended destination, or from the country where the Asset is located to any destination, without prior authorization (e.g., export license) from the applicable government. You accept and expressly assume full responsibility for determining licensing requirements and obtaining license authority for the export or import of any Asset you purchase. Diversion of your purchased Asset contrary to applicable law is prohibited.
- Licensing Requirements. You hereby expressly assume responsibility for determining licensing requirements and obtaining license authority under all applicable export control laws and regulations. If you are not located within the country where the sale occurs, it may be necessary for you to designate an agent by Power of Attorney within the country to be responsible for the export. You hereby expressly agree to take with reasonable diligence all such actions as may be necessary to affect the release of the Assets to you or your agent. You hereby acknowledge and agree that the sale will be cancelled unilaterally by us without prior notice and you will immediately forfeit any and all rights in the purchased Assets, including any monies paid to us, if we discover, know, or have reason to know that you or your agent will violate applicable law.
- For sales of Assets located within the U.S. All sales to persons located outside the United States are structured as “routed export transactions” as defined in 15 C.F.R. § 758.3 and 15 C.F.R. § 30.3. In the event that you export Assets purchased from us, you will be (a) the U.S. Principal Party in Interest; or (b) if you are not eligible to be the U.S. Principal Party in Interest, you will authorize a U.S. agent to be the “Exporter” in accordance with the Foreign Trade Regulations and the Export Administration Regulations.
- Export controls and sanctions are administered by several U.S. Government agencies including, but not limited to: (a) the Directorate of Defense Trade Controls (“DDTC”) which administers export controls applicable to defense services, defense articles, and related technical data controlled under the International Traffic in Arms Regulations (“ITAR”), 22 C.F.R. Parts 120-130; (b) the Bureau of Industry and Security (“BIS”) which administers export controls applicable to certain defense, commercial, and “dual-use” items, software, and technology under the Export Administration Regulations (“EAR”), 15 C.F.R. Parts 730-774; and (c) the Office of Foreign Assets Control (“OFAC”) which prohibits certain activities relating to sanctioned countries, persons, and activities. This notice is not intended to be a comprehensive summary of these laws. It is your responsibility to ensure compliance with applicable laws. For more information on your obligations under U.S. export laws, please consult the appropriate U.S. Government agency.
- Under various U.S. sanctions programs, an Asset may not be acquired for, shipped to, transferred (in-country), or re exported, directly or indirectly, to or for (a) prohibited persons; (b) countries subject to U.S. sanctions; or (c) restricted end-uses such as, but not limited to, weapons of mass destruction, nuclear activities, chemical/biological weapons, or missile projects, unless specifically authorized by the U.S. Government for such purposes. You will comply strictly with all U.S. law, as well any other applicable law such as the law of the country in which the Assets are located, and assume sole responsibility for obtaining appropriate authorizations from the applicable government to export, re export or transfer as may be required.
- Any Assets manufactured or purchased from locations in the U.S. should be considered “U.S. Origin” Assets. For a full definition of “U.S. Origin”, please refer to the U.S. Bureau of Industry and Security's website. You may not, without prior U.S. Government authorization, export, re-export, or transfer any U.S. Origin Assets, including, goods, software, or technology, either directly or indirectly, to any person who may be restricted by U.S. law, including, but not limited to, those persons identified in the Denied Persons List, Entity List, Unverified List, the U.S. Department of State's Debarred and Nonproliferation Lists, or the Specially Designated Nationals List. You agree to cooperate fully with any request from us relating to your compliance with this Policy, including, but not limited to, providing copies of shipping records or allowing us to inspect original documents upon request. Failure to comply with the export and sanctions laws of the U.S. or any other applicable country may result in fines and penalties, up to and including imprisonment and detention, seizure, or forfeiture of the purchased Asset, in addition to delays in the delivery or use of purchased Asset.
6. List of Prohibited Assets:
a. Products subject to recall;
b. Products produced, manufactured or packaged by forced prison labor or child labor;
c. Pornography in any form of media;
d. Alcoholic beverages, cigars, cigarettes or tobacco products;
e. Live animals or taxidermy;
f. Grave or other funeral-related items;
g. Charity fundraising activities;
h. Used cosmetics;
i. Credit or debit cards;
j. Gift cards;
k. Illegal and prescription drugs, illegal drug paraphernalia, and materials describing how to make illegal drugs;
l. Embargoed Assets from prohibited countries currently listed by the U.S. Office of Foreign Assets Control;
m. Government documents, government identifications, and government licenses;
n. Human parts or human remains;
o. Surveillance equipment (including but not limited to lock picking devices, wiretapping devices, telephone bugging devices);
p. Event tickets;
q. Lottery tickets;
r. Mailing lists and personal consumer information; s. Manufacturer's coupons;
s. Federal or state regulated medical devices; u. Pesticides;
t. Plants (including live plants and seeds);
u. Firewood or lumber (not including artificial or manufactured fire logs);
v. Postage meters or stamps;
w. Real estate;
x. Stocks and other securities;
bb.Products containing ingredients that are regulated by the U.S. Drug Enforcement Administration as a controlled substance or listed chemical;
cc.Textile fiber, fur or wool products misbranded or falsely or deceptively labelled or advertised under the Textile Fiber Products Identification Act, the Fur Protection Labelling Act, the Wool Products Labelling Act and the rules and regulations promulgated under such Acts; or
Illegal products, illegal services, stolen or recalled products.
dd.Export Restrictions. Your purchased commodity may be subject to United States export control laws. Diversion of such materials contrary to United States law is prohibited." See the BoomZBox Export Policy for further information on import restrictions. A commodity subject to U.S. export control laws may not be acquired for, shipped to, transferred (in-country), or re-exported, directly or indirectly to, prohibited entities or persons, or sanctioned or embargoed countries or their nationals, nor may it be used in support of restricted end-uses such as, but not limited to, nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You will comply strictly with all United States export laws and assume sole responsibility for obtaining appropriate export authorizations to export, re-export or transfer as may be required. You may not, without prior U.S. Government authorization, export, re-export, or transfer any goods, software, or technology, either directly or indirectly, to any person, or entity named in the following, but not limited to, U.S. Department of Commerce Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred and Nonproliferation Lists, the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, or Executive Order 13315. Export controls are administered by several U.S. Government agencies including, but not limited to: the U.S. Department of State Directorate of Defense Trade Controls ("DDTC") which administers export control of defense articles controlled under the International Traffic in Arms Regulations ("ITAR") 22 C.F.R. 120-130; the U.S. Department of Commerce Bureau of Industry and Security ("BIS") which administers export control of so-called "dual-use" technology exports controlled under the Export Administration Regulations (EAR) 15 C.F.R. 730-774; and the U.S. Department of the Treasury Office of Foreign Assets Control ("OFAC") which administers exports to embargoed countries and designated entities. This notice is not intended to be a comprehensive summary of the export laws. It is your responsibility to ensure compliance with applicable laws. For more information on your obligations under U.S. export laws, please consult the U.S. Department of Commerce, Bureau of Industry and Security (BIS); the U.S. Department of State, Directorate of Defense Trade Controls (DDTC); and the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC).
- Hazardous Components or Constituents. BoomZBox makes no warranties or representations regarding the electronic devices it sells. Any device which is damaged in transit or is found to be cracked, shattered or broken may subject the buyer to regulations pertaining to the handling, storage, transportation, re-sale or disposal of electronic waste. Buyers are encouraged to check with their local and state department of environmental services to determine what regulations, if any, might apply under these circumstances. Certain Assets may have components, parts, constituents or ingredients that may be corrosive, reactive, ignitable or exhibit other hazardous or toxic properties. You are cautioned to use and ultimately dispose of any hazardous components or constituents according to all applicable laws and regulations in a manner safe for the public and the environment. Certain Assets or components of Assets may contain residual chemicals, friable asbestos, petroleum products and ozone depleting substances or other hazards. You acknowledge and agree that we are not responsible for providing documentation or certification regarding the identification or status of these substances. Certain Assets have design features that may be hazardous if warning labels are not heeded.
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