Terms & Conditions
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please contact HappyBerry.
Age: HappyBerry’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. HappyBerry may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use HappyBerry services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by HappyBerry's policies as stated in the Agreement and the HappyBerry policy documents or future policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by HappyBerry, each of which is incorporated herein by reference and each of which may be updated by HappyBerry from time to time without notice to you.
The DOs & DON'Ts of HappyBerry
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by HappyBerry from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify HappyBerry of any unauthorized use of your password or any breach of security. You also agree that HappyBerry cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than HappyBerry without HappyBerry's express written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address. Invalid email addresses can or will be subject to account termination.
You may not transfer or sell your HappyBerry account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service
HappyBerry's services are not available to temporarily or indefinitely suspended HappyBerry members. HappyBerry reserves the right, in HappyBerry's sole discretion, to cancel unconfirmed or inactive accounts. HappyBerry reserves the right to refuse service to anyone, for any reason, at any time.
Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the description of an item or pattern information listed on the Website has been incorrectly advertised, we will not be under any obligation to provide those Goods to you.
Disputes and Liability
HappyBerry is not responsible for the availability of outside websites or resources linked to or referenced on the Site. HappyBerry 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 HappyBerry 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.
In the event a dispute arises between you and HappyBerry, please contact HappyBerry. Should you have a dispute with outside parties, you release HappyBerry (and HappyBerry's owners, partners, officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. HappyBerry encourages users to report disputes with third parties directly to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
HappyBerry, for the benefit of users, may try to help resolve disputes. HappyBerry does so at HappyBerry's sole discretion, and HappyBerry has no obligation to resolve disputes with users or between users and outside parties. To the extent that HappyBerry attempts to resolve a dispute, HappyBerry will do so in good faith based solely on HappyBerry's policies. HappyBerry will not make judgments regarding legal issues or claims.
HappyBerry's Intellectual Property
HappyBerry, and other HappyBerry graphics, videos, logos, designs, page headers, button icons, scripts, and service names may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Access and Interference
Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in HappyBerry's sole discretion, an unreasonable or disproportionately large load on HappyBerry's infrastructure
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass HappyBerry's robot exclusion headers or other measures HappyBerry may use to prevent or restrict access to HappyBerry
Without limiting any other remedies, HappyBerry may, without notice, delay or immediately remove Content, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
HAPPYBERRY, HAPPYBERRY's SUBSIDIARIES, OWNERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND HAPPYBERRY's SUPPLIERS PROVIDE HAPPYBERRY's WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. HAPPYBERRY, HAPPYBERRY's SUBSIDIARIES, OWNERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND HAPPYBERRY's SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM HAPPYBERRY SHALL CREATE ANY WARRANTY.
THIS DOES NOT AFFECT YOUR STATOTURY RIGHTS.
IN NO EVENT SHALL HAPPYBERRY, AND (AS APPLICABLE) HAPPYBERRY's SUBSIDIARIES, OWNERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES OR HAPPYBERRY'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, HAPPYBERRY’s SERVICES, HAPPYBERRY PRODUCTS OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YOU AGREE TO INDEMNIFY AND HOLD HAPPYBERRY AND (AS APPLICABLE) HAPPYBERRY's PARENT, SUBSIDIARIES, AFFILIATES, OWNERS, PARTNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE SOLICITOR' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
HappyBerry does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside HappyBerry's control.
Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any HappyBerry service and, if applicable, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on HappyBerry's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and HappyBerry are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by English law.
All sections listed above shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by email to HappyBerry or, in your case, to the email address you provide to HappyBerry (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, HappyBerry may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to HappyBerry. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by HappyBerry, located in England.
Updated: 10th January 2016