MyBaby 3-in-1 Calming Baby Cushion, Soothing Comfort for Newborns & Infants, Snuggling Sensation, Sound and Vibration, Designed for Safety, Rechargeable & Machine-Washable, by Homedics, White

1. INTRODUCTION

1.1. Welcome to the Etsy platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Etsy account ("Account") so that you are aware of your legal rights and obligations with respect to Etsy Philippines Inc. and its affiliates and subsidiaries (individually and collectively, "Etsy", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Etsy client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Shoppe.

1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Shoppe is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Etsy is not involved in the transaction between Users. Etsy may or may not pre-screen Users or the Content or information provided by Users. Etsy reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Etsy cannot ensure that Users will actually complete a transaction.

1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4 Etsy reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Etsy may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Etsy may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

1.5 Etsy reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

BY USING SHOPEE SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

2. PRIVACY

2.1 Your privacy is very important to us at Etsy. To better protect your rights we have provided the etsy-vn.com Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Etsy collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you: (a) consent to Etsy collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy; (b) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Etsy; and (c) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Shopee’s prior written consent.

2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (a) comply with all applicable personal data protection laws with respect to any such data; (b) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (c) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (b) and (c) above, in compliance with and where required by applicable laws.

3. LIMITED LICENSE

3.1 Etsy grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Etsy and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Etsy. You acknowledge that Etsy may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

4. SOFTWARE

Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Etsy reserves all rights to the software not expressly granted by Etsy hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Etsy.

5. ACCOUNTS AND SECURITY

5.1 Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Etsy, in its sole discretion, finds offensive or inappropriate, Etsy has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Etsy has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Etsy of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Etsy will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

5.3 You agree that Etsy may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate or suspend your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel, or suspend any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Etsy deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchasing of products from the same Seller or related group of Sellers, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value, and/or abnormal or excessive use of vouchers on the Site), (h) failure to make timely payment of any outstanding amount (or other obligation) owed to Etsy or any of its Affiliates (subject to applicable law), (i) creation, exploitation, or use of any unauthorized third-party software or products in conjunction with or operate the functions available on Etsy or (j) behaviour that is harmful to other Users, third parties, or the business interests of Etsy. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Etsy may terminate your Account immediately with or without notice.

5.4 Users may terminate their Account if they notify Etsy in writing (including via email at Etsy) of their desire to do so. You understand and agree that your account will, at the earliest, be terminated twenty-four (24) hours after the request for termination. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Shoppe after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Etsy shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Etsy.

5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.

5.6 If you are a Seller, you may be entitled to create sub-accounts (“Sub-Account”) on the sub-account platform operated by Etsy (“Sub-Account Platform”) that are linked to your Account(s). You acknowledge and agree that: (a) the purpose of the Sub-Accounts are to enhance the management of your Account(s) as a Seller, and you shall not use the Sub-Accounts for any other purposes (including, but not limited to, fraudulent or illegal activities); (b) while Sub-Accounts are not considered “Accounts” for the purposes of these Terms of Service, the provisions of this Section 5 shall apply mutatis mutandis to the Sub-Accounts, except that references to “Accounts” shall be to the Sub-Accounts; (c) Sub-Accounts can be configured to have access to your Account(s) and the same rights as your Account(s) (or parts thereof), and you expressly acknowledge and agree that: (i) you are solely responsible for creating and configuring Sub-Accounts, and granting and controlling third party access to the Sub-Accounts; (ii) any third parties to whom you grant access to your Sub-Accounts will have the ability to access and operate your Account; (iii) we shall be entitled to treat any actions of the Sub-Accounts as actions of your Account; and (iv) you shall be responsible for all actions of the Sub-Accounts; and (d) Etsy reserves the right to amend or terminate the operation of the Sub-Account Platform and to close any Sub-Accounts at any time in its sole discretion.

6. TERM OF USE

6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Etsy may effect such termination with or without notice to you.

6.2 You agree not to:

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items Policy;

(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;

(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(f) remove any proprietary notices from the Site;

(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Etsy;

(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;

(i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;

(k) access the Shoppe platform, open a user account, or otherwise access your user account using any non-official Shoppe hardware or software, including but not limited to an emulator, simulator, bot or other similar hardware or software;

(l) manipulate the price of any item or interfere with other User's listings;

(m) take any action that may undermine the feedback or ratings systems;

(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Etsy with respect to the Services and/or data transmitted, processed or stored by Etsy;

(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;

(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;

(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;

(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;

(x) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;

(y) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;

(z) infringe the rights of Etsy, including any intellectual property rights and any passing off of the same thereof;

(aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or

(bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.

6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Etsy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site.

6.4 You acknowledge that Shoppe and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you.

6.5 You acknowledge, consent to and agree that Etsy may access, preserve and/or disclose your Account information, Content, and any other materials or information you provide to us to any legal, regulatory, or governmental authority.

7. VIOLATION OF OUR TERMS OF SERVICE

7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

• a. Listing deletion
• b. Limits placed on Account privileges
• c. Account suspension and subsequent termination
• d. Criminal charges
• e. Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

7.2 If you believe a User on our Site is violating these Terms of Service, please contact etsyapp.one@gmail.com.

8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

8.1 As stated above, Etsy does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).

8.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with Etsy in any way.

8.3 If you are an IPR Owner or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us by submitting the online form here.

9. PURCHASE AND PAYMENT

9.1 Etsy supports one or more of the following payment methods:

9.2 Buyers may only change their preferred mode of payment for their purchase prior to making payment.

9.3 Etsy takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer.

10. SELLER BALANCE

10.1 Seller Balance facilitates the storage of money Sellers receive from their sales. The sum of this money, minus any withdrawals, will be reflected as a Seller Balance.

10.2 Sellers may transfer funds from the Seller Balance to their linked bank account (“Linked Account”) by submitting a transfer request.

10.4 Payment for goods you sell on Etsy will be credited to your seller wallet within seven (7) days after the goods are delivered to the buyer.

11. ETSY GUARANTEE

11.1 Etsy Guarantee is a service provided by Etsy or its authorised agent to protect purchases.

11.2 After Buyer makes payment for his/her order, Buyer’s Purchase Monies will be held in Etsy Guarantee Account until conditions are met.

12. DELIVERY

12.1 Etsy will notify sellers when Etsy receives purchase payment from the buyer. Seller will take the necessary measures to deliver the purchased item.

12.3 The User understands that the Seller bears all risks associated with the delivery of the items purchased.

13. CANCELLATION, RETURN AND REFUND

13.1 A buyer may only cancel an order before the buyer's purchase price has been paid to an Etsy secured account.

13.2 Buyers may request returns and refunds prior to the expiration of Etsy's warranty period.

14. SELLER’S RESPONSIBILITIES

14.1 Seller must properly manage and ensure that prices, product details, inventory quantities, and other relevant information are promptly updated.

15. PAID ADVERTISING

15.1 Etsy provides keyword advertising ("Keyword Ads") and other advertising services. Sellers can purchase paid advertising services.

16. ALCOHOL AND TOBACCO PRODUCTS

16.1 The purchase and sale of alcoholic products and tobacco or tobacco-related products is permitted by Etsy subject to the terms and conditions of Section 16.

17. TRANSACTION FEES

17.1 Etsy charges a fee (“Transaction Fee”) for all successful transactions completed on the Site. The transaction fee is 2% of the buyer's purchase price.

18. OVERSEAS SUPPLIERS

18.1 For overseas sellers of digital services, digital services provided to purchasers are subject to GST (OVR GST).

19. CONTROVERSY / DISPUTES

19.1 If there is a problem with a transaction, it will be resolved according to Etsy's policies.

20. FEEDBACK

20.1 Etsy welcomes information and feedback from users, which will help Etsy improve the quality of services provided.

21. DISCLAIMER

21.1 The Services are provided "as is" without any warranties, claims or representations of any kind.

22. LIMITATIONS OF LIABILITY

22.1 To the maximum extent permitted by applicable law, Etsy shall not be liable for loss of profits, revenue, or data.

23. THIRD PARTY LINKS

23.1 Third party links provided on this website will take you away from this website. These sites are not controlled by Etsy.

24. YOUR CONTRIBUTIONS

24.1 By submitting Content for inclusion on the Service, you represent and warrant that you have all rights and permissions necessary.

25. EXTERNAL SERVICES

25.1 Each person who contributes data is solely responsible for its accuracy and reliability.

26. REPRESENTATIONS AND WARRANTIES

26.1 You represent and warrant that you have the legal capacity and right to participate in these Terms of Service.

27. FRAUDULENT OR SUSPICIOUS ACTIVITY

27.1 If Etsy believes that you may have engaged in any potentially fraudulent activities, we may take various actions to protect the platform.

28. COMPENSATION / INDEMNITY

28.1 You agree to indemnify, defend and hold harmless Etsy from any and all claims, injuries, or actions arising from your use of the services.

29. SEPARATENESS

29.1 If any provision of these Terms of Service shall be deemed unlawful, void or unenforceable, then such provision shall be deemed severable.

30. GOVERNING LAW

30.1 These Terms of Service shall be governed and construed in accordance with the laws of Hong Kong. Any dispute shall be resolved by arbitration in Hong Kong.

31. GENERAL PROVISIONS

31.1 Etsy reserves all rights not expressly granted herein.

31.2 Etsy may modify these Terms of Service at any time by posting the revised Terms of Service on this website. Your continued use of the Site following the posting of such changes constitutes your acceptance of such revised Terms of Service.

31.3 You may not assign, sub-license or transfer any of the rights granted to you or sub-contract any of your obligations under this Agreement.

31.4 Nothing in these Terms of Service creates a partnership, joint venture or agency relationship between you and Etsy, nor does it authorize you to assume any costs or liability on behalf of for Etsy.

31.5 Etsy's failure at any time to require performance of any provision of this Agreement shall not affect its right to enforce such provision at a later date unless such provision is waived in writing.

31.6 These Terms of Service are for your and our benefit only, and not for the benefit of any other person or entity, other than Etsy's affiliates and subsidiaries.

31.7 The terms set forth in these Terms of Service constitute the entire agreement and understanding between the parties with respect to the Services and the Site website.

31.8 You agree to comply with all applicable laws, rules, regulations and guidelines relating to anti-bribery and corruption, including without limitation the United States Foreign Corrupt Practices Act and Hong Kong anti-corruption laws.