Terms and Conditions

HORAAY.COM TERMS OF SERVICES AND USE

Welcome to Horaay.com. By signing up for the Horaay Service (“Service) and the Horaay.com website (the “Website”), you agree to be bound by these Terms of Service and Use (“Terms of Service and Use” or “Agreement). Any new updates, features and tools which are added to the current service shall also be subject to the Terms of Service and Use.

I, Pennisi Property Ltd; owner of Horaay.com, reserve the right to modify change and update this Terms of Service and Use from time to time at our sole discretion and without prior notice. Any modification of the Agreement will be posted on the Website and shall take effect upon posting. Your continued use of the Website and Service after posting of the amended Agreement indicates your acceptance and agreement to the amended Agreement. You are advised to check the Terms of Service and Use from time to time for any updates or changes that may impact on you.

Terms of Services and Use

  1. Our House Rules

    Horaay services connect people around the world, both online and offline, to make, sell and buy goods and for booking and/or scheduling appointment. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:

    Selling – If you list any items for sale through our Services, these policies apply to you. You can read them here.

    Buying – If you use our Services to browse or shop, these policies apply to you. You can read them here.

    Classified Ads – If you use our Services to advertise your shop or products, these policies apply to you. You can read them here.

    Appointment Booking and Scheduling – If you use our services to book and schedule an appointment and/or services, these policies apply to you. You can read them here.

    Third Parties – These policies applies to:

    • Intellectual Property Owners
    • Affiliates
  2. Your Privacy

    We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services, and it’s also a part of our Terms, so please read it here.

  3. Your Account with Horaay
    You’ll need to create an account with Horaay to use some of our Services. Here are a few rules about accounts with Horaay:

    • 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.
    • 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.
    • Choose a nice username. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.
    • 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.
    • 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
    • Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment or franchisee relationship between you and Horaay.
  4. Your Content

    Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like usernames, shop names, profile pictures, listing photos, listing descriptions, videos, etc.).

    • 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.
    • Permission to Use Your Content. By posting Your Content through our Services, you grant Horaay a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Horaay function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
    • Rights You Grant Horaay. By posting Your Content, you grant Horaay 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 Horaay, your Horaay shop, or the Services in general, in any formats and through any channels, including across any Horaay Services or third-party website.

      That sounds like a lot, but it’s necessary for us to keep Horaay going. Consider these examples: if you upload a photo of a listing on your Horaay shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, in one of our blogs to help promote your business and Horaay’s.
    • Reporting Unauthorized Content. Horaay has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content 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, please 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.
  5. Your Use of Our Services

    License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

    • Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; and don’t commit fraud, theft or any other crimes against Horaay, another Horaay user or a third party.
    • Pay Your Bills. You are responsible for paying all fees that you owe to Horaay You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Your fees, bills, taxes and how you can pay them are fully explained in our Fees & Payments Policy.
    • Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
    • Follow Our Trademark Policy. The name “Horaay,” and the other Horaay marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of Horaay in the U.S. and other countries. If you’d like to use our trademarks, please follow our Trademark Policy
    • Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Horaay (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
    • Talk to Us Online. Horaay will provide you with certain legal information in writing.We can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

  6. Warranties and Limitation of Liability (or the Things You Can’t Sue Us for)

    Items You Purchase. You understand that Horaay does not manufacture, store or inspect any of the items sold through our Services. We provide the venue; the items in our marketplace are produced and sold directly by independent sellers, so Horaay cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Horaay from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).

    Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Horaay is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

    People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

    Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Google). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Horaay is not a party to those agreements; they are solely between you and the third party.

    Warranties. Horaay is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.

    We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

    Liability Limits. To the fullest extent permitted by law, neither Horaay, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

  7. Indemnification (or What Happens If You Get Us Sued)

    We hope this never happens, but if Horaay gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Horaay (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.

    We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

  8. Disputes
    1. You will adhere to our dispute resolution process, and as a condition to our Service, you agree that we will make a final decision, at our sole discretion, on any dispute claim by the Buyer.
    2. You agree that we can compel you to replace any defective product or those not within order specification. You are also obligated to cover the ‘return and exchange’ shipping fees and bank charges, if we decide in favor of the Buyer, Where funds are insufficient to cover the ‘return and exchange’ of the disputed item, we will require another reimbursement method.
    3. You understand that payment processing of a disputed transaction is suspended while a dispute is being resolved.
    4. You warrant that you are required to create and outline ‘return and exchange’ policies for your Horaay online store, including but not limited to returns, exchanges, reimbursements and warranties. These policies must be created in good faith and must abide with this Agreement. You must abide by these policies and you are solely responsible for enforcing them. We reserve the right to request you to modify these policies as necessary.
    5. We may commission the services of collection agents to collect amounts receivable if you fail to provide a valid reimbursement method. This may also result in restriction or suspension of the account until payment is made.

      If you find yourself in a dispute with another user of Horaay’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
  9. Termination and Effect of Termination

    In addition to any other legal or equitable remedies available to us under this agreement or under existing laws, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon termination of this Agreement, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, immediately revoke all passwords and account identification issued to you and deny your access to and use of this Website in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

  10. Contact Information

    If you have any questions about the Terms, please email us at: info@Horaay.com.

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