Terms of Use
The primary objective of the terms of use on which you may make use of our website [www.familyworldstore.com] (“Website“), whether as a guest or a registered user, is to tell which the services or products we offer and the guidelines associated to them. Please read these Terms of Use carefully before you start to use the Website. By using our Website, you indicate that you accept these Terms of Website Use and that you agree to abide by them. If you do not agree to these Terms of Website Use, please refrain from using our Website.
Legal Agreement
This Agreement represents the entire legal Agreement between you and Family World Store (hereinafter referred to as “Site”, “Company”, “us”, “we”, “our”, as context may require) and you agree to comply with it in its entirety. By accessing and continuing using the site, you signify your Agreement to be bound by the Terms of Use.
FAMILY WORLD STORE IS A USA ENTITY, LOCATED AT 4904 BELLE CHASE APT 208, USA.
By viewing, accessing, using and/or registering for any service provided on the Site you become a user (“User” or together with others “Users”) and you agree to be bound by all of the terms set forth in this Agreement as long as you remain a User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY OF THE SITE’S SERVICES.BY VIEWING, ACCESSING AND/OR USING THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN ALWAYS BE REVIEWED BY GOING TO FAMILYWORLDSTORE.COM. THE SITE RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU. ACCORDINGLY, YOU SHOULD REVIEW THE TERMS PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. YOUR CONTINUED USE OF THE SITE AFTER ANY CHANGES HAVE BEEN MADE TO THE TERMS SIGNIFIES AND CONFIRMS YOUR ACCEPTANCE OF ANY SUCH CHANGES OR AMENDMENTS TO THE TERMS.
Description of Service
This Agreement applies to all Family World Store services, including the Family World Store Mobile App (on any and all formats or devices), and the websites located at https://www.familyworldstore.com, (collectively, the “Service(s)”). The Service provides an online social marketplace where its registered Users can list and sell items (“Items”), such as electronics, women’s clothing, men’s clothing, children’s clothing, kitchen equipment, shower equipment, etc. Users who purchase Items are called “Buyers”, and Users who sell Items are called “Sellers”. Users may be both Buyers and Sellers on the Service. In using the Service, Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Family World Store is not a party to such transaction. In the future, we may offer additional or different Services, change the Services, or cease offering some or all of the Services with or without notice.
There are risks that you assume when dealing with others, and these risks are borne by you alone, and not Family World Store. You are solely responsible for your evaluation of, and decision to use, the Service, Buy, Sell, or transact any business or communications on the Service, and will be liable for all of your actions on the Service.You understand that you may receive business-related communications from the Site such as Service announcements, promotions, products availability and account administrative notices and you agree that these communications are not “unsolicited commercial email advertisements” and thus, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications.As a User of the Service you also understand and agree that the Service will also include advertisements and promotions from us and Affiliate Websites, for the purposes of which you will be contacted by electronic means. You agree that such communications are not “unsolicited commercial email advertisements” and, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that advertiser. You agree that we shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.
Registration
To register with us and become a Family, you must have:i. Have a valid ID issued by your country of residence.ii. Invest $100 through the link of someone who is already a Family on Family World Store.Your registration with us is completely at your own volition. How we use your personal information submitted is dictated by our Privacy Policy. You acknowledge and accept that we may establish policies and practices concerning use of the Service, including policies that may delete or remove content or data, terminate inactive accounts, and any other policies and practices in our business interest. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice. The Service is not available to minors or teenagers (children under the age of 16), except in the unusual circumstances outlined in our Privacy Policy.The service is not available to temporarily or permanently suspended members of the Service. We reserve the right to refuse access to the Service, or terminate the account of any User, at its sole discretion and for any reason or no reason at all. Your password to your account is not known by us. As such, its management is your responsibility. If any unauthorized use is noticed on your account, you should notify us immediately to avoid breach of security as we will not be liable for any loss or damage arising from your failure to comply with this Section.
Third Party Services
We may provide to you, or provide Your Content to, certain third party services or third party service providers (collectively, “Third Party Service(s)”) which may also provide to you links to sites, email and telephone correspondence and other offers outside of our network. Such Third Party Services are provided “AS IS” without indemnification, support, or warranty of any kind, and this Term does not apply to your use of any such provided Third Party Services. You are responsible for evaluating whether you want to access or use such Third Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of the Family World Store network, or may choose to not utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because you may give the operator permission to use your information outside of what you have agreed to herein. Family World Store is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third Party Services.
Third Party Material
Family World Store will not be liable in any way for (1) any items or content on the Service posted by third parties, other users, or at the direction of users (all, “Third Party Materials”), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on the Service; and you acknowledge that Family World Store does not, and is under no obligation, to review, screen, or inspect any Third Party Materials on the Service, although Family World Store reserves the right to do so, and remove Third Party Materials at Our sole discretion. You agree that you bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials.
Referrals and Credits
Family World Store may offer credits to existing users, for any reason, at our sole discretion, including, but not limited to, users who refer new users to the Service (who have not previously used the Service) using the invite code provided by Family World Store to those existing users and may also make certain credits available to the new users who are referred by an existing user. The requirements to earn, the number of, and value of, these credits (if any) will be determined by us. Family World Store Credits are not redeemable for cash or cash equivalents, and are non-transferrable or applicable to prior purchases and cannot be sold, made available to the general public, or acquired via public distribution. Suspended accounts are prohibited from using Family World Store Credits during suspension. Other restrictions may apply. We may cancel credits at any time, upon thirty (30) day notice to you. Family World Store may modify, update, or terminate this program without notice, and Family World Store reserves the right to enact any rules and regulations with respect to the program, including earning and use limits, as well as invalidation or expiration of credits. You may apply credits subject to the terms in which we grant the credit. Credits may expire prior to your use, cancelled at any time, or the terms of use modified, at no liability to, and under the sole discretion of Family World Store.
How Your Earnings are made
1: You earn $40 for each person who becomes a Family through your link. 2: You earn $20 for each person who becomes a Family through the link of someone who is part of your Family. 3: You earn 10% on each product sold through your link. 4: You earn 5% on each product sold through the link of someone who is part of your Family. 5: You receive $10 per month for each person who is part of your Family. For example, if you have 10 people in your Family, you receive $100 per month. 6: You can sell your own products on Family World Store.
What Your Account Must Do
1: You have to sell at least one product per month through your link.2: If you don’t sell at least 1 product per month in your link, your account will be inactive3: The people can sell your own products on Family World Store too.
Your Responsibilities
You accept to be solely responsible for all information, descriptions, pictures, listings, data, text, music, videos, media, comments, or any other materials (“Content”) that you upload, post, publish, transmit, or display (“Post”) via the Service. The following are examples of Content, Postings, or Use of the Service that is illegal or prohibited by us. We may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Your Content, Posting, or Use, without limitation, including preservation of such information for investigative purposes. Family World Store observes strictly highest standards of good tastes and decency and requires the same from the user. By browsing through our Site, you agree and understand that any content, such as text, communications, video, software, images, sounds, data, or other information, are:
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a. appropriate, civil, tasteful, and accord with generally accepted standards of etiquette and behavior on the internet;
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b. not offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
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c. not depicting violence in an explicit, graphic or gratuitous manner; or
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d. not be blasphemous or in breach of racial or religious hatred or discrimination legislation;
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e. not deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful or inflammatory;
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f. not causing annoyance, inconvenience or needless anxiety to any person; or constitute spam.
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g. not illegal or unlawful, infringe any person’s legal rights, or capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law) and must not infringe or breach:
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i. any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
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ii. any right of confidence, right of privacy or right under data protection legislation;
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iii. any contractual obligation owed to any person; or
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iv. any court order.
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h. impersonates any person or entity, including any employee or representative of this Site, its licensors or advertisers.
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i. You also agree that you shall not harvest or collect information about the users of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party.
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j. You further agree that you shall not solicit or collect information or attempt to induce physical contact with anyone, 16 years old or younger, without appropriate parental consent.
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k. This Site generally does not pre-screen, monitor, or edit the content posted by users of this Site. However, this Site and its agents have the right, at their sole discretion, to remove any content that, in the Company’s sole judgment, does not comply with the Company’s posture on acceptable user conduct or is otherwise harmful, objectionable, or inaccurate. This Site is not liable for any failure, delay, damages or results, in removing such content.
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l. You agree that your use of this Site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this Site in violation of these Terms and Conditions and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this Site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this Site shall not be liable for damages or result of a subpoena or other legal action, and the owner of this Site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this Site for such disclosure.
Your Content
As Users of Our Services, all information, including items, messages, offers, purchases, sales, etc. that you post, transmit, or submit through Our Services (“Content”) is intended to be shared with other Users. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give us the license described below, including the correct and legal permissions and consents for any personally identifiable information you may provide to, or upload by way of, the Family World Store Service(s). By posting or otherwise transmitting any User Content you hereby grant and will grant to Family World Store and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Family World Store, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content). You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We are not under any obligation to review any Content posted by our Users on our Services, although we reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time. You understand that Family World Store is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Family World Store. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Family World Store Parties with respect thereto. Any and all Content You upload is not considered confidential by Family World Store, will be treated as public information, and You agree and understand is intended to be shared with other users of our Services as well as third parties, all in Family World Store’s sole discretion, and Family World Store has no control or liability over what other users do with your Content. You understand and agree that Family World Store will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Family World Store are non-confidential and Family World Store shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.
Intellectual Property
You acknowledge the Service contains images and descriptions that are third party content (“Service Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Family World Store retains all rights to Our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content or Family World Store’s intellectual property that you are exposed to through our Service not explicitly authorized by this Agreement. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Family World Store Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Family World Store. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Family World Store.
Infringement Policy
We respect the intellectual property of others and ask that our Users do the same. Although Family World Store is under no obligation to do so, it will make all reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take actions regarding such infringement where applicable. If you believe your work has been copied in a way that constitutes infringement or your intellectual property rights have been violated, please provide our Copyright Agent with the following information: (1) confirmation you are owner, or authorized to represent owner of the intellectual property (2) description of your work (3) description of the infringing work, and (4) a statement that you believe use of the work is not authorized. If you work is removed due to infringement and You believe it is not infringing, please provide our Copyright Agent with (a) confirmation you are owner, or authorized to represent owner of intellectual property (b) identification of removed content and description, (c) statement of good faith regarding ownership of the intellectual property, (d) your contact information and a consent to submitting to federal courts located in the Northern District of California and a statement to accept service of process regarding the alleged infringement. Family World Store will endeavor to resolve counter-notices in 10 to 14 business days, and will provide the original complaining party an opportunity to seek a court order against the counter-claiming party, and in the event no order is sought, may allow the original content to be reposted. Please contact our Copyright Agent at info@familyworldstore.com.
Purchase and Sale Transactions
Risks, No Warranty: You assume certain risks in using a marketplace service such as Family World Store. Family World Store is not involved with, nor provides a warranty for, any transaction between Buyer and Seller, nor has title to any Items, and is not the Buyer or Seller in any transaction. You as a Buyer and/or Seller assume, agreement, and understand you bear all of the risks in selling or purchasing of items on the Service.
Fees: Registering for the Service is goes for a fee. Family World Store also charges certain fees for various transactions through your use of the Service as set forth in the Fee Policy. All amounts are quoted in US dollars unless otherwise stated.
Prohibited Items: Family World Store prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, Items listed in our Prohibited Items Policy. Family World Store prohibits the listing or sale of counterfeit items. Please refer to our Family World Store Authenticate policy for further information.
Sellers: You agree that you have all rights necessary to sell the Items you make available, and will describe such Items truthfully, accurately, and completely.
Buyers: You are solely responsible for reading and reviewing the Item listing before making an offer or purchasing. The contract to purchase is between you and the Seller, not Family World Store.
Purchases: Buyers may offer to purchase Items from Sellers, and once accepted, this is considered a purchase, and a binding contract. Upon purchasing an Item, a Buyer is obligated to remit payment for the Item to Family World Store including any shipping or additional fees listed. Family World Store is not an auctioneer, nor is it a Seller or carrier. Service includes pricing, listing, and shipping assistance, but Family World Store is not a Buyer or Seller of Items. Family World Store may delay any Purchase for purposes of fraud detection or to protect users from other illegal or wrongful activities. All Purchases are final, with no returns, refunds, cancellations, or retractions allowed, except where (a) Buyer cancels an order within three (3) hours of purchase, or (b) the Purchase is cancelled where explicitly permitted by Family World Store or where applicable, a Seller.
Shipping: Family World Store will provide Seller with a prepaid shipping label to send the Item to the Buyer (Family World Store reserves the right to discontinue providing Labels to any or all users at any time and for any reason). We use the following shipping or courier services to ship your orders to ship your orders to your location: DHL, FedEx and UPS.
Title transfers to Buyer upon shipment. If an Item is lost, damaged, late, or arrives not as expected to Buyer, Buyer must report issue to Family World Store three (3) days after delivery. Once Buyer confirms receipt and acceptance of Item, either by affirmatively notifying Family World Store or failing to notify Family World Store within three (3) days of delivery (as determined by tracking information), Family World Store will credit Seller’s account with amount equal to Purchase price, minus taxes, Family World Store’s commission, and any applicable fees (the “Funds”) set forth in our Fee Policy. Funds may be redeemed by Seller through Family World Store’s permitted third party payment provider(s), or used by the Seller to purchase items listed by other Sellers through the Service.
Taxes: Purchased items may be subject to applicable taxes in your jurisdiction, which Family World Store will collect from Buyers on behalf of Sellers where obligated to do so, and in the event taxes are collected and Family World Store is legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Sellers. Note that taxes are not included in the listed price for Items, but will be displayed before confirmation of purchase. Use of credits may modify taxes that apply to a Buyer’s order. Taxes may be estimated based on offers made on Items, but are subject to change if final sale price is different than original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale you are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Family World Store does not collect taxes on your behalf.
Payments and Accepted Payment Platforms: Buyers may pay for Items using payment methods approved by Family World Store, and Family World Store will receive payment from Buyer on behalf of Seller. By submitting payment information to Family World Store you authorize Family World Store to store that information and with your confirmation, charge you for any Items purchased.
Currently, we only accept payment for goods and services via the following payment platforms:
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i. Stripe
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ii. Discover
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iii. American Express
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iv. Visa
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v. MasterCard
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vi. PayPal
Payments are received through approved payment service platforms: PayPal, Visa, Mastercard and American Express.
Fee Modifications: We may change or discontinue, temporarily or permanently, some or all fees for the Service, and such changes will be effective upon Family World Store’s revision of the Fee Policy.
Shipping Costs: Buyers are responsible for any shipping costs (as detailed in the Fee Policy) incurred with respect to their purchased Item.
Returns: Family World Store may allow you to return an Item in limited circumstances. If the Item you receive is not as described on the Service, then you may request a return by reporting the issue through the Service or by emailing info@familyworldstore.com, in each case within three days after delivery (as determined by the tracking information on the Label) of the Item.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, FAMILY WORLD STORE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAMILY WORLD STORE MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
FAMILY WORLD STORE MAKES NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.
Limitations on Liability
Family World Store is not liable for (1) any Content posted on Our Services; (2) purchases, sales, or other obligations that may arise between Users; (3) any damages that result through Your use of Our Services; (4) any negative or critical comments that may be posted by other Users through the Services; (5) any of the Third Party Service(s) You may be provided pursuant to Your use of the Services; (6) any third party personally identifiable information you upload or provide to Family World Store pursuant to the Services (7) any cost of substitute goods or services.
You are solely responsible for your interactions with other users, including any purchase or sale transactions. You agree Family World Store will have no liability or responsibility with respect to such interactions, purchases, or sales. Family World Store reserves the right but is under no obligation to become involved in any dispute between you and another user.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL FAMILY WORLD STORE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT FAMILY WORLD STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL FAMILY WORLD STORE BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO FAMILY WORLD STORE AS A SELLER IN THE LAST SIX (6) MONTHS, OR, (2) ONE HUNDRED U.S. DOLLARS (USD $100).
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, You may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
Indemnity
You agree to release, defend, indemnify and hold Family World Store, its affiliates and employees (collectively, “Indemnitees”) harmless from any legal claim or demand (including reasonable attorney fees) that arises from your actions (or inactions), your use (or misuse) of our Services, Your breach of the Terms, or You and Your accounts infringement of someone else’s rights. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Mobile Services
When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You agree that you are solely responsible for Your use of the Service on your mobile device and adherence to your wireless provider’s terms and conditions.
Apple-Enabled Software Applications
Family World Store offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”). With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
Family World Store and you acknowledge that these Terms are concluded between Family World Store and you only, and not with Apple, and that as between Family World Store and Apple, Family World Store, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iPhone OS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple- Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Family World Store’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Family World Store and you acknowledge that Family World Store, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Family World Store and Apple, Family World Store, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Family World Store by e-mail to info@familyworldstore.com.
Family World Store and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
GENERAL
Governing Law
Each party will comply with all laws, rules, and regulations applicable to this Agreement. This Agreement shall be governed by the laws of the State of California without giving effect to its principles regarding conflicts of law. All disputes shall be resolved exclusively in state or federal court in San Mateo County, California. You acknowledge that the Services are of United States origin and agree to comply with all export laws and regulations of the United States.
Dispute Resolution, Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY.
Family World Store is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes please email customer support at info@familyworldstore.com. Any unresolved dispute shall be settled by binding and confidential arbitration, notice of which must be sent by you to us, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If resolution is not reached within sixty (60) calendar days you or Family World Store may commence an arbitration proceeding. The arbitration will be conducted in a forum convenient to both parties, and if the claims involved total less than US$10,000, then will be conducted through document submission or telephonic hearing unless in person arbitration is legally required. Arbitration shall be subject to the Federal Arbitration Act, or applicable binding arbitration in your jurisdiction. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer Related Disputes. If the value of the relief sought is USD $10,000 or less, at your request, Family World Store will pay all Arbitration Fees. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. Any claims brought by you must be bought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have authority to award damages in excess of the amount allowed by this Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Notwithstanding anything to the contrary herein, any change made to this Arbitration Agreement may be rejected by You within thirty (30) calendar days of such change, and in the event of such rejection, the terms of the original Arbitration Agreement language will apply.
Waiver
Our failure to insist in one or more instances to enforce the strict performance of any provision of the Terms of Use or to take advantage of its rights herein will not constitute a waiver of its right to subsequently enforce such rights or any other provisions of the Terms of Use.
Severability
If any part of these Terms and Conditions of Use infringes upon any law and is held by a competent court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be ineffective and severed from these Terms and Conditions of Use and shall not invalidate nor affect the enforceability of any other part listed in this terms.
Modifications
THIS AGREEMENT AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO CHANGE BY FAMILY WORLD STORE IN ITS SOLE DISCRETION AT ANY TIME. Family World Store may modify or discontinue the service with or without notice. Family World Store is not liable to you or any third party for any such modification or discontinuation. When changes are made to this Agreement, We will make a new copy of the Agreement available by posting on Our Site or through the Services. We will also update the “Last Revised” date at the top of the Agreement. If we make any material changes, and You have registered to use the Services, We may also notify you via email or through the Services. Changes will be effective immediately for new users and will be effective ten (10) days after posting notice of such changes on the Site for existing users. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.
Termination
We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including if you breach the Terms by performing acts, which include but not limited to, use of the Account for illegal, obscene, or fraudulent purposes, failure to pay monies owed us when due; and your violation of any provision of these Terms and Conditions or any provision of any related operating rules and policies published by us on our website.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, payment obligations and limitations of liability.
Export Controls and Laws
All Software and Services may be subject to export control laws in your applicable jurisdiction. You agree that you will not, and are solely responsible for any violation of, such export control laws. Download and use of software, including where you use, is your responsibility and at Your own risk.
Electronic Communication, Documentation
When you use the Service or send e-mails to us, you are agreeing to communicate with us electronically. This Agreement and any other documents reference herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding
Notices
You agree that we will provide notices and messages to you within the Services, or if required, via email or regular mail. You may provide Family World Store notice and will be deemed provided once received by Family World Store, addressed via mail to the address noted in the Questions, Comments section below.
Questions, Comments
When you use the Service or send e-mails to us, you are agreeing to communicate with us electronically. This Agreement and any other documents reference herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding
Electronic Communication, Documentation
When you use the Service or send e-mails to us, you are agreeing to communicate with us electronically. This Agreement and any other documents reference herein will be considered a “writing” If you have any questions about this Privacy Policy, please direct your questions to info@familyworldstore.com or 4904 Belle Chase Apt 208, USA. We enjoin you to include accurate information in your enquiries to make our response time shorter, simpler and faster. or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding
Geographic Specific Provisions
Users in California
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in California:
California Civil Code
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Users in Canada
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in Canada:
Arbitration.
The Arbitration Act, RSBC 1996, c. 55 (the “Act”) governs the interpretation and enforcement of the Arbitration Agreement and any reference to the American Arbitration Association (“AAA”) is deemed replaced with the British Columbia International Commercial Arbitration Centre (“BCICAC”). If there is an inconsistency between the Arbitration Agreement and the Act, the Arbitration Agreement will prevail.
Governing Law
These Terms shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions, and you agree to the personal and exclusive jurisdiction of and venue in the provincial courts in Vancouver, British Columbia and waive any objection to such jurisdiction or venue.
Language of Terms
English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations.
Grievances
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to:
info@familyworldstore.com
4904 Belle Chase Apt 208, USA
Mediation
Any unresolved dispute shall be settled by binding and confidential mediation as permissible by applicable law.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Service, the Terms or any transactions entered into on or through the Platform or Service shall be subject to the exclusive jurisdiction of the courts of New Delhi, India and you hereby accede to and accept the jurisdiction of such courts.
Metrology
Family World Store may provide forms and required fields to comply with Sellers obligations under metrology laws. Sellers are responsible for the accuracy of key metrology items such as country of origin, manufacturer name, sizing information and any other relevant details that enable purchasers to make informed decisions prior to making a purchase in accordance with the Legal Metrology Act and Consumer Protection Rules. The ultimate responsibility is on the Seller to correctly identify their items in accordance to all local laws and regulations.
E-Way Bill
For all items sold, Users agree to comply with local laws and regulations. Users are responsible for generating E-Way Bills and may incur certain regulatory or tax implications.
Users in Australia
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in Australia:
Arbitration
The ACICA Arbitration Rules govern the interpretation and enforcement of the Arbitration Agreement and any reference to the American Arbitration Association (“AAA”) is deemed replaced with the ACICA (“ACICA”). If there is an inconsistency between the Arbitration Agreement and the Act, the Arbitration Agreement will prevail.
Governing Law
These Terms shall be governed by the laws of New South Whales without regard to its conflict of law provisions, and you agree to the personal and exclusive jurisdiction of and venue in the courts of Sydney, New South Whales and waive any objection to such jurisdiction or venue.
Force Majeure
We shall not be held liable for loss, delay, damage, non-delivery, misinformation, setbacks, failure or interference of the content or the services offered or provided through our sites, failure to provide information in connection with your shipment resulting directly or indirectly from acts of nature, influences or reasons beyond our reasonable control, including without limitation to acts of God, weather, mechanical failures, aircraft failures and/or delays, civil commotions, acts or of customs or quarantine officials, war, strikes, lock-out or other industrial action & labor disputes, Internet failures, computer, mobile or any other telecom providers failures, acts of terrorism, power outage, riots, rebellions, civil disturbance or commotion, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, acts of government authorities, orders of domestic or foreign courts or tribunals or non-performance of third parties etc.
If force majeure occurs, we shall have the right to postpone our services for the duration of the obstruction, or to rescind in whole or in part that part of the contract not yet fulfilled.
Amendment
WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO EDIT, DELETE, MODIFY OR REPLACE THESE TERMS OR ANY PART THEREOF AT ANY TIME, OR TO IMPOSE NEW CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ADDING FEES AND CHARGES FOR USE. SUCH CHANGES, MODIFICATIONS, ADDITIONS OR DELETIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE GIVEN BY MEANS, INCLUDING BUT NOT LIMITED TO, POSTING ON OUR SITE, OR BY ELECTRONIC OR CONVENTIONAL MAIL OR BY ANY OTHER MEANS BY WHICH USER OBTAINS NOTICE THEREOF. ANY USE OF OUR SITE BY YOU AFTER SUCH NOTICE SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES, MODIFICATIONS OR ADDITIONS.
II. WE SHALL HAVE THE RIGHT AT ANY TIME TO DISCONTINUE ANY ASPECT OF FEATURE OF OUR SERVICES AND OR SITE, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS OF AVAILABILITY, AND EQUIPMENT NEEDED FOR ACCESS OR USE. YOU ACCEPT THAT SERVICE INTERRUPTION MAY OCCUR IN ORDER TO ALLOW FOR WEBSITE IMPROVEMENTS, PROTECTION, AND SCHEDULED MAINTENANCE OR MAY ALSO BE DUE TO OUTSIDE FACTORS BEYOND OUR CONTROL.
Kindly check the Terms and Conditions regularly for updates. Your continued use of our site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
