Terms of Use (or User Agreement)

Please read these Terms of Use (the "Agreement" or "Terms of Use ") carefully before using the services offered by Gizmobay. This Agreement sets forth the legally binding terms and conditions for your use of the website at www.gizmobay.com, all other sites owned and operated by Gizmobay that redirect to www. gizmobay.com, and all subdomains (collectively, the "Site"), and the service owned and operated by the Company (together with the Site, the "Service"). By using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement.


Summary

Service

Gizmobay acts as a venue to allow certain users ("Makers") who comply with Gizmobay's policies to offer and sell certain goods to other users ("Supporters") within a fixed-price format. Gizmobay is not directly involved in the making and shipment of the items. As a result, Gizmobay has no control over the quality, safety, morality or legality of 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.

Gizmobay does not pre-screen users or the content or information provided by users. Gizmobay cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Gizmobay does not transfer legal ownership of items from the seller to the buyer.

You agree that Gizmobay is a venue 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 users, or outside parties on Gizmobay. You use the Gizmobay service at your own risk

Gizmobay cannot guarantee the true identity, age, and nationality of a user. Gizmobay encourages you to communicate directly with potential transaction partners through the tools available on the Site.

Uses of Your Personal Information

We will use the personal information you provide to:

  • Identify you when you sign-in to your account;
  • Enable us to provide you with the Services;
  • Send you information we think you may find useful or which you have requested from us;
  • Administer your account with us;
  • Enable us to contact you regarding any question you make through the Service;
  • Analyze the use of the Service and the people visiting to improve our content and Services; and
  • Use for other purposes that we may disclose to you when we request your information.

Gizmobay never discloses payment information of Supporters to Makers.

 

1. Fees and Services

Joining and setting up a shop on Gizmobay is free. There are no fees for listing an item either. Gizmobay charges a percentage of the sale price when the item sells. Gizmobay’s Fees and Payment Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees and Payment Policy and the fees for Gizmobay’s services are effective after Gizmobay provides you with a prior notice by posting the changes on the Site. However, Gizmobay may choose to temporarily change the Fees and Payment Policy and the fees for Gizmobay’s services for promotional events. ; In the event Gizmobay introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian Dollars (CAD).

All payments go through Gizmobay. We charge the Supporter upon the purchase of an item and deduct our fee from this amount.

 

2. Listing and Selling

Listing Description: by listing an item on the Site you warrant that you and all aspects of the item comply with Gizmobay’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 Gizmobay shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an 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. Each unique item must have its own listing. Gizmobay reserves the right to terminate an account if the listed item violates any of the above policies.

Shop Policies: All sellers are urged to outline shop policies for their Gizmobay 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 Gizmobay’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Gizmobay reserves the right to request that a seller modify a 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.

 

3. Content

Gizmobay does not claim ownership rights in your Content. You grant Gizmobay a license solely to enable Gizmobay to use any information or Content you supply Gizmobay with, so that Gizmobay is not violating any rights you might have in that Content.

You are solely responsible for your conduct and activities on and regarding to Gizmobay and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Gizmobay.

You agree to allow Gizmobay to store or re-format your Content on Gizmobay and display your Content on Gizmobay in any way as Gizmobay chooses. Gizmobay will only use personal information in accordance with Gizmobay’s Privacy Policy.

Content control: We do our best at Gizmobay to monitor the Content provided by the users that is made available on Gizmobay. However, you may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Gizmobay, you agree to accept such risks and that Gizmobay is not responsible for any and all acts or omissions of users on Gizmobay. Please use caution, common sense, and practice safe buying and selling when using Gizmobay.

Prohibited Activities: Your Content and your use of Gizmobay shall not:

  • Be false, inaccurate or misleading
  • Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  • Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  • Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Gizmobay staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  • Host images not part of a listing
  • Relist items posted by another user previously.
  • Modify, adapt or hack Gizmobay or modify another website so as to falsely imply that it is associated with Gizmobay;
  • Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Gizmobay.

Furthermore, you may not list any item on Gizmobay (or consummate any transaction that was initiated using Gizmobay’s service) that, by paying to Gizmobay the listing fee or the final value fee, could cause Gizmobay to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Other Resources: Gizmobay is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Gizmobay does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Gizmobay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

 

4. Resolution of Disputes

In the event a dispute arises between you and Gizmobay, please contact Gizmobay. Any dispute will be subject to the exclusive jurisdiction of the courts located within Greater Toronto Area in Ontario, and User hereby submits to the personal jurisdiction of such courts. You and Gizmobay agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 

5. Gizmobay's Intellectual Property

Gizmobay, and other Gizmobay graphics, logos, designs, page headers, button icons, and service names are registered trademarks, trademarks or trade dress of Gizmobay, Inc. in Canada and/or other countries.

 

6. Release

You release Gizmobay(and our officers, directors, agents, subsidiaries, contractors, suppliers and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any disputes you have with one or more users of the Gizmobay Site.

Gizmobay, for the benefit of users, may try to help users resolve disputes. Gizmobay does so in Gizmobay’s sole discretion, and Gizmobay has no obligation to resolve disputes between users or between users and outside parties. To the extent that Gizmobay attempts to resolve a dispute, Gizmobay will do so in good faith based solely on Gizmobay's policies. Gizmobay will not make judgments regarding legal issues or claims.

 

7. Liability Limit

IN NO EVENT SHALLGIZMOBAY, AND (AS APPLICABLE) GIZMOBAY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ETSY'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, GIZMOBAY'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

 

8. Privacy

Except as provided in Gizmobay’s Privacy Policy, Gizmobay will not sell or disclose your personal information to third parties without your explicit consent.

 

9. Gizmobay Service

Gizmobay reserves the right to modify or terminate the Gizmobay service for any reason, without notice, at any time. Gizmobay reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently.