Terms of Service

  1. 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.  
  2. 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; 

  1. 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. 
  2. We reserve the right to do any of the following at any time: 1. accept or reject all orders and purchases; 
  3. Refuse to do business with any party, including existing and  former customers; 
  4. 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; 
  5. Limit or cancel quantities purchased per person, per business,  per household, or per order; 
  6. Reject any order; 
  7. 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. 
  8. 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; 

  1. Use the Website in such a way as to gain unauthorized access to the  computer systems of others; 
  2. 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 
  3. 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. 

  1. 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. 
  2. 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. 
  3. 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. 
  4. No Third-Party Funds. All funds must come from you as the buyer. 
  5. 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. 
  6.  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: 

  1. Your use of or your inability to use our Services or Website; 
  2. Pricing, shipping or other guidance provided by us; 
  3. Delays or disruptions in our Services or Website; 
  4. Viruses or other malicious software obtained by accessing, or linking to, our  Services or Website; 
  5. Glitches, bugs, errors, or inaccuracies of any kind in our Services or Website; 
  6. Damage to your hardware device or other computer systems or software  from using any of our Services or Website; 
  7. A suspension or other action taken regarding your account; 
  8. 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; 
  9. Your inability to export Assets, or fines or costs incurred related to exporting of Assets; or 
  10. Any act or omission of a third-party. 
11. Release. You release GJ69 Trading Pte Ltd. (and our affiliates and subsidiaries, and our  and their respective members, managers, officers, directors, employees, agents)  from claims, demands and damages (actual damages, damage to goodwill or  reputation, lost profits, attorneys’ fees, intangible losses or any special, indirect,  incidental or consequential damages) of every kind and nature, known and unknown, arising out of or connected with the above. Further, you expressly waive any  protections (whether statutory or otherwise) that would otherwise limit the coverage  of this release to include only those claims which you may know or suspect to exist  in your favor at the time of agreeing to this release. This means you expressly  acknowledge and agree to waive both known and unknown claims under the  California Civil Code Section 1542, which provides that : “A GENERAL RELEASE  DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR  SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE  RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY  AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 
  1. 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. 

  1. 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. 
  2. 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.
  1. 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. 

21. Miscellaneous. 

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. 

i. Entire Agreement. These T&Cs (as amended from time to time or as  modified by any Listing), the BoomZBox Privacy Policy (as amended from  time to time and incorporated by reference into these T&Cs), the Export  Policy (as amended from time to time and incorporated by reference into  these T&Cs), any terms set forth in the Listing (including any additional  documentation which you are required to enter into) and any other  documents incorporated by reference into these T&Cs set forth the entire  understanding and agreement between you and us and supersede all prior  understandings and agreements of the parties. To the extent that there is  any inconsistency between these T&Cs and any terms set forth in the  Listing, the latter will prevail.

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: 

  1. An electronic or physical signature of the person authorized to act on  behalf of the owner of the copyright or other intellectual property  interest; 
  2. A description of the copyrighted work or other intellectual property  that you claim has been infringed; 
  3. A description of where the material that you claim is infringing is  located on the Website;
  4. Your address, telephone number, and email address;
  5. 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
  6. 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. 

  1. 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. 
  2. 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. 
  3. 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.  
  4. 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. 
  5. 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. 
  1. 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; 

aa.Travel services; 

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). 

  1. 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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