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Terms & Conditions

Boombay Village Marketplace

User Terms & Conditions

 

1. Introduction

 

This User Agreement, the Mobile Application Terms of Use, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which Boombay Village offers you access to and use of our Services. You agree to comply with all terms of this User Agreement when accessing or using our Services.

 

The entity you are contracting with is Boombay Village Ltd., Airport Industrial Park, Nassau, New Providence, The Commonwealth of The Bahamas. In this User Agreement, these entities are individually and collectively referred to as "Boombay Village," "we," or "us."

 

2. About Boombay Village

 

Boombay Village is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations in The Bahamas. The actual contract for sale is directly between the seller and the buyer. Boombay Village simply provides a secure facility for such transactions.

 

Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Boombay Village has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

 

3. Using Boombay Village

 

In connection with using or accessing the Services, you will not:

 

  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools, or are a person with whom transactions are prohibited under economic or trade sanctions;
  • fail to pay for items purchased by you, unless you have a valid reason as set out in the Boombay Village policy
  • fail to deliver items sold by you, unless you have a valid reason as set out in the Boombay Village policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
  • manipulate the price of any item or interfere with any other user's listings;
  • post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Boombay Village or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Boombay Village;
  • interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Boombay Village application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Boombay Village. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Boombay Village or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
  • commercialize any Boombay Village application or any information or software associated with such application, except with the prior express permission of Boombay Village;
  • harvest or otherwise collect information about users without their consent; or
  • circumvent any technical measures used to provide the Services.
  • Sellers must meet Boombay Village's minimum performance standards. Failure to meet these standards may result in Boombay Village charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.

 

If we believe you are abusing Boombay Village and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

 

If we believe you are violating the policy on Offers to buy or sell outside of Boombay Village, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Boombay Village, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.

 

We may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

 

4. Policy Enforcement

 

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

 

5. Fees and Taxes

 

The fees we charge for using our Services are listed on our Standard selling fees page. We may change our seller fees from time to time by posting the changes on the Boombay Village site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

 

If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Boombay Village Services, even if sales terms are finalized or payment is made outside of Boombay Village. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Boombay Village, you may be liable to pay a final value fee applicable to that item, even if the item doesn't sell, given your usage of Boombay Village Services for the introduction to a buyer.

 

You must have a payment method on file when selling through Boombay Village Services and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, suspend or limit Services, and, for accounts over 60 days past due, request that PayPal deduct the amount owed from your PayPal account balance.

 

6. Listing Conditions

 

When listing an item for sale on Boombay Village Services, you agree to comply with Boombay Village's Listing policies and Selling practices policy and that:

 

You are responsible for the accuracy and content of the listing and item offered,

Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Boombay Village can't guarantee exact listing durations,

Your fixed-price listings currently renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing. Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or Boombay Village, in its sole discretion,

Content that violates any of Boombay Village's policies may be modified, obfuscated or deleted at Boombay Village's discretion,

We may revise product data associated with listings to supplement, remove, or correct information,

We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

buyer's location, search query, browsing site, and history;

item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

seller's history, including listing practices, Detailed Seller Ratings, Boombay Village policy compliance, Feedback, and defect rate; and

number of listings matching the buyer's query,

To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,

Some advanced listing upgrades will only be visible on certain Services,

Boombay Village's Duplicate listings Policy may also affect whether your listing appears in search results

Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results,

We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other sellers.

 

7. Purchase Conditions

 

When buying an item on Boombay Village Services, you agree to the Rules and policies for buyers and that:

 

You are responsible for reading the full item listing before making a bid or commitment to buy,

You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted.

For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller.

 

We do not transfer legal ownership of items from the seller to the buyer.

 

8. Content

 

When you provide content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Boombay Village, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.

 

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Boombay Village takes no responsibility and assumes no liability for any content provided by you or any third party.

 

We offer product data (including images, descriptions, and specifications) that are provided by third parties (including Boombay Village users). You may use that content solely in your Boombay Village listings. Boombay Village may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

 

We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Boombay Village is not responsible for examining or warranting the listings or content provided by third parties through the Services and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.

 

The name "Boombay Village" and other Boombay Village marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Boombay Village in the U.S. and other countries. They may not be used without the express written prior permission of Boombay Village.

 

 

9. Authorization to Contact You; Recording Calls; Analyzing Message Content

 

Boombay Village may contact you using autodial or prerecorded calls and text messages, at any telephone number that you have provided us, to (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires, or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Boombay Village may also contact you using autodial or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by the User Privacy Notice. As described in our User Privacy Notice, Boombay Village may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodial non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time, including through the communication preferences - opens in a new window or tab section of your My Boombay Village.

 

Boombay Village may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodial or prerecorded calls and text messages, only as authorized by Boombay Village to carry out the purposes identified above.

 

Boombay Village may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Boombay Village or its agents for quality control and training purposes, or for its own protection.

 

Boombay Village's automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Boombay Village's User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Boombay Village may store message contents, including to conduct this scanning and analysis.

 

 

10. Additional Terms

 

Returns and Cancellations

 

Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, Boombay Village will set a default rule that automates the return process. Sellers may remove or customize their return and refund policy in their individual listings. You agree to comply with our returns policy.

 

When an item is returned, to refund the buyer, you (as seller) authorize Boombay Village to request that PayPal remove the refund amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file.

 

The cost of return shipping for an item that is not as described is the seller's responsibility.

 

You (as seller) authorize Boombay Village to place the return shipping label cost on your invoice, subject to your automatic payment method on file when:

 

A transaction is canceled, and to refund the buyer, you (as seller) authorize Boombay Village to request that PayPal remove the refund amount (in the same or other currency) from your PayPal account. See canceling a transaction for more details.

 

11. Disclaimer of Warranties; Limitation of Liability

 

We try to keep our Services safe, secure and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Boombay Village's applications may not occur in real-time. Such functionality is subject to delays beyond Boombay Village's control.

 

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:


  • The content you provide (directly or indirectly) using the Services;
  • Your use of or your inability to use our Services;
  • Pricing, shipping, format, or other guidance provided by Boombay Village;
  • Delays or disruptions in our Services;
  • Viruses or other malicious software obtained by accessing or linking to our Services;
  • Glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • Damage to your hardware device from the use of any Boombay Village Service;
  • The content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • A suspension or other action taken with respect to your account or breach of the Abusing Boombay Village Section above;
  • The duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above, or
  • Your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

 

12. Release

 

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release 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.

 

13. Indemnity

 

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Boombay Village's Services or your breach of any law or the rights of a third party.

 

 

LEGAL DISPUTES