TERMS AND CONDITIONS
Welcome to Houneran.com. We’re glad that you have chosen our site. Make yourself comfortable and have a good time, but please kindly follow our guidelines
you agree to accept the terms of this agreement, including the conditions and policies that are used for each registering service.By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "merchant" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available via hyperlink. This Agreement applies to all merchants of the Site. The contents of this agreement include the main body as well as all the terms, conditions and policies including (but not limited to) legal statements, privacy provisions, etc. that have been or will be published or released by BIRDSBAY. All terms, conditions and policies are an integral part of this agreement and shall have the same legal effect as the main body of this agreement.
BIRDSBAY reserves the right to change some or all of the terms, conditions and policies of the service at any time. When BIRDSBAY launches new terms of this agreement, the new terms shall come into force as the merchant click the button “I agree”. You log in or continue to use the “service”, which means that you have read and accepted the revised, updated agreement. If merchants do not agree to any alteration or updates of terms, conditions and policies, merchants must terminate this agreement according to the rules.
For any of your disputes with BIRDSBAY, the latest agreement shall prevail. Unless explicitly stated, any new content that will expand the scope of the “service” shall be subject to this agreement.
1. Birdsbay is a Marketplace
BIRDSBAY acts as a marketplace to allow merchants who comply with BIRDSBAY's policies to offer and sell certain goods within an optimized-price format. BIRDSBAY is not directly involved in the transaction between buyers and sellers. As a result, BIRDSBAY has no control over the quality, safety, morality or legality over any aspect of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.BIRDSBAY cannot ensure that a buyer or seller will actually complete a transaction. Consequently, BIRDSBAY does not transfer legal ownership of items from the seller to the buyer. BIRDSBAY cannot guarantee the true identity, age, and nationality of a merchant or a buyer. BIRDSBAY encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that BIRDSBAY is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other merchants, or outside parties on BIRDSBAY. You use the BIRDSBAY’s service at your own risk.
To the maximum extent permitted by law, you and your affiliates waive the claims, whereas BIRDSBAY and BIRDSBAY affiliates are not responsible for: (a) any statements, guarantees, services in this agreement, and expected transactions, including merchantability, applying to particular purposes or any implied warranties of not torts; (b) implied warranties based on the transaction process, the performance of the contract or trading practices course of dealing; and (c) any duties, responsibilities, rights, claims or tort reliefs, whether or not they are due to BIRDSBAY’s negligence.
If you have disputes with the third party over your products, you and the third party shall not claim any rights and damage compensation of any kind and nature (including actual damage and indirect damage), no these claims, requirements and compensation of damages are known, ensured or released.
2. Your account with Birdsbay
You’ll need to create an account with BIRDSBAY to use some of our Services. Here are a few rules governing the accounts associated with BIRDSBAY:
A. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
B. Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
C. Choose a nice username. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.
D. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
F. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment or franchisee relationship between you and BIRDSBAY.
3. Fees and Billing
BIRDSBAY will either take a percentage or a set amount of the sale price when the item sells. BIRDSBAY may, at BIRDSBAY's sole discretion, change some or all of BIRDSBAY's services at any time. In the event BIRDSBAY introduces a new service, the fee for that service is effective from the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, BIRDSBAY may issue a credit for the applicable fees to a seller's billing statement.
You are responsible for paying all fees and applicable taxes associated with using and selling on BIRDSBAY.
Price: Price is the set product rate by merchant, including taxes, tariffs and any other applied costs. Merchants are required to list prices and shipping costs for the products they sell through the BIRDSBAY Marketplace. BIRDSBAY will pay merchants based on the prices and shipping costs that they list for their products, either paying out a percentage of the price and shipping cost or a set amount based on the price and shipping cost. BIRDSBAY reserves the right to adjust the prices or shipping costs displayed to users within the movement range agreed by merchants to optimize sales for our merchants. This does not affect the amount or percentage BIRDSBAY has agreed to pay to merchant for their orders. If merchants have not agreed with the movement range, BIRDSBAY will never change their prices. In this case, merchants will pay the payment processing fees, all refund costs, and BIRDSBAY will not promote any of their products (no notification, no DPA ads, no discount incentives).
A merchant's shipped transactions may be eligible for payment within 30 days of their shipment dates. BIRDSBAY may unilaterally decide to delay the remittance and withhold the accounts payable to merchants or any other due payment according to this agreement, till it receives the confirmation of delivered. Transactions that cannot be confirmed as delivery may be ineligible for payment. BIRDSBAY will pay merchants for their eligible transactions twice a month. This payment will be a net amount: the merchant's prices (product and shipping) minus our charge as, per the revenue share or cost.
4. Your Content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We do not stake any claim to it. That includes anything you post using our Services (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant BIRDSBAY a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help BIRDSBAY function and grow. That way, we won’t infringe any rights you have over Your Content and we only help promote your business.
C. Rights You Grant BIRDSBAY. (Here’s the legalese version of the last section). By posting Your Content, you grant BIRDSBAY a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote BIRDSBAY, your BIRDSBAY shop, or the Services in general, in any formats and through any channels, including across any BIRDSBAY Services or third-party website or advertising medium.
D. Reporting Unauthorized Content. BIRDSBAY has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove any content that violates or infringes other’s rights from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, kindly follow the steps listed in our Intellectual Property Policy. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
E. Inappropriate, False or Misleading Content. This is left to common sense, but there are certain types of content we do not want posted on BIRDSBAY’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
5. Listing and Selling
Listing Description: By listing an item on the Site, you warrant that you and all aspects of the item comply with BIRDSBAY's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your BIRDSBAY shop. Your listings may only include text descriptions, graphics, pictures and other contents relevant to the sale of that item. All items must be listed under appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical.
Shop Policies: All sellers are urged to outline shop policies for their BIRDSBAY shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with BIRDSBAY's site-wide policies. If there are any differences in shop policies and BIRDSBAY policies, BIRDSBAY policies prevail. Sellers are responsible for enforcing their own reasonable shop policies. BIRDSBAY reserves the right to request a seller to modify shop policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: the transaction cannot be completed, due to laws, regulations, policies, natural disasters, wars, strikes and other unforeseen factors. The cost arising from not completing orders in time shall be undertaken by merchant.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailin