Terms of Service
The following terms and conditions (the "Agreement") govern all use of the
BeHappy.me website (the "Site") and the services available on or at the Site (taken
together with the Site, the "Service"). The Service is owned and operated by Idea
Bits LLC ("BeHappy.me"). The Service is offered subject to your (the "User")
acceptance without modification of all of the terms and conditions contained herein
and all other operating rules, policies and procedures that may be published from
time to time on the Site by BeHappy.me – including, without limitation, Shipping,
Return Policy, Privacy Policy and others. If you do not agree this Agreement, do not
use the Site.
BeHappy.me provides a range of services including but not limited to, enabling you
to publish, sell, comment on, promote, and purchase products, receive the benefits
of BeHappy.me product production service including payment processing,
transaction handling, product manufacturing, packaging, order fulfillment and
customer service.
1. ACCESS
Subject to the terms and conditions of this Agreement, the Service is provided
solely for User's own personal use, and not for the use or benefit of any third party.
Startupvitamins.com may change, suspend or discontinue the Services at any time,
including the availability of any feature, or content. Startupvitamins.com may also
impose limits on certain features and services or restrict User's access to parts or
all of the Services without notice or liability.
User certifies to Startupvitamins.com that if User is an individual (i.e., not a
corporation) User is at least 18 years of age. User also certifies that it is legally
permitted to use the Service, and takes full responsibility for the selection and use
of the Service. This Agreement is void where prohibited by law, and the right to
access the Service is revoked in such jurisdictions.
2. MODIFICATIONS
Startupvitamins.com reserves the right, at its discretion, to modify this Agreement at
any time by posting a notice on the Site, or by sending User a notice via e-mail or
postal mail. User shall be responsible for reviewing and becoming familiar with any
such modifications. Use of the Service by User following such notification
constitutes User's acceptance of the terms and conditions of this User Agreement
as modified.
3. MEMBERSHIP
In order to enjoy all the benefits of Startupvitamins.com, User must register and
become a member ("Member"). Membership requires that User register on the Site
(including by filling-out all required personal information) and making a first
purchase ("Products") through the Site. User may opt out of marketing and
promotional emails. User may cancel their membership at any time by sending email or canceling online from the Startupvitamins.com web page. User may not
select a user name that is vulgar, offensive, obscene or attempts to impersonate
another person. User may never use another's Startupvitamins.com account
without permission from that user. You are solely responsible for the activity that
occurs on your account, and you must keep your account password secure. You
must notify Startupvitamins.com immediately of any breach of security or
unauthorized use of your account. Although Startupvitamins.com will not be liable
for your losses caused by any unauthorized use of your account, you may be liable
for the losses of Startupvitamins.com or others due to such unauthorized use.
4. CONTENT AND COPYRIGHT POLICY
If you submit, post, upload, display, or sell all information, images, pictures, data,
text, photographs, graphics, messages, or other materials ("Content") via Site, you
grant Startupvitamins.com a perpetual, irrevocable, worldwide, royalty-free, and
non-exclusive license (and sub-licensable) to use and archive the Content in
accordance with or as reasonably contemplated by this Agreement.
When you post, submit, or upload Content on the Site you represent and warrant
that:
1. you own all copyright in the Content, or if you are not the owner, that you have
permission to use the Content, and that you have the right to display, reproduce
and sell the Content as Startupvitamins.com products. You license
Startupvitamins.com to use and sub-license the Content in accordance with this
Agreement;
2. you and your Content do not and will not infringe the intellectual property rights
or other rights of any person or entity, including copyright, moral rights, trade mark,
patent or right of privacy. Startupvitamins.com reserves the right to review, and if
necessary remove, any Content from the website or to cancel
your account at its sole discretion, either because that content breaches this
Agreement or any applicable laws, or otherwise. This means that you, and not
Startupvitamins.com, are entirely responsible for all Content that you upload for
sale as products, post, email, transmit or otherwise make available via the
Services. If you believe that Content or other material residing on or accessible
through the Startupvitamins.com Service infringes your copyright, please send a
notice of claimed copyright infringement to us.
5. RESPONSIBILITY OF SITE MEMBERS AND VISITORS
Violation of any of these agreements will result in the termination of your
Startupvitamins.com account. Startupvitamins.com and its designees shall have the
right (but not the obligation) in their sole discretion to prescreen, refuse, or remove
any Content that is available via the Startupvitamins.com Services. Without limiting
the foregoing, Startupvitamins.com and its designees shall have the right to remove
any Content. You agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may not rely
on any Content created by Startupvitamins.com or submitted to
Startupvitamins.com, including without limitation information in Startupvitamins.com
collaborations, posts and in all other parts of the Startupvitamins.com Services.
Without limiting other remedies, we may limit, suspend or terminate our Service and user accounts, prohibit access to our Site, delay or remove hosted Content, and take technical and legal steps to keep users off the Startupvitamins.com websites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time.
6. PAYMENTS AND FEES
Startupvitamins.com may save Member's credit or debit card information and use it
for all future shipments and charges which will automatically be charged to the
saved card, unless Member notifies Startupvitamins.com through Site or e-mail.
Startupvitamins.com currently accepts PayPal and following credit cards at this
time: American Express, VISA and MasterCard.
When you purchase a Product, or use a Service that has a fee, you will be charged
then current fees, which we may change from time to time. Changes to our fees are
effective after we provide you with at least fourteen (14) days' notice by posting the
changes on the Site, e-mail notification, or by other means. We may choose to
temporarily change the fees for our services for promotional events or new
Services, and such changes are effective when we post the temporary promotional
event or new Service on the Site. The sale will be submitted for processing as soon
as you click on the "confirm" button. You will then receive an e-mail from us.
By placing an order through the Site, you are confirming that you are legally entitled
to use the means of payment tendered and, in the case of card payments, that you
are either the cardholder or have the cardholder's express permission to utilise the
card to effect payment.
We may refuse to process a transaction for any reason or refuse service to anyone
at any time at our sole discretion. We will not be liable to you or any third party by
reason of refusing or suspending any transaction after processing has begun.
Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. User is
responsible for paying all fees, payments and applicable taxes associated with our
Site and Services.
After receiving your order you will receive an e-mail from us confirming the details,
description and price for the Products ordered together with some information on
your rights to return your goods. Payment of the total price plus delivery must be
made in full before dispatch of your Products.
7. LOCAL TAXES
User is responsible for all sales taxes (as applicable).
8. SHIPPING AND RETURN
Purchases are subject to Startupvitamins.com Refund Policy. Restocking fees may
apply. The risk of loss and title for Products ordered by Member shall pass to
Member upon delivery of the items to the carrier. Startupvitamins.com reserves the
right, and Member hereby authorize Startupvitamins.com to, charge Member for
any damages up to the purchase price of the damaged Product(s). Replacement of
products and credits to Member's account for Products claimed as damages or not
received are subject to Startupvitamins.com investigation and discretion.
9. DESCRIPTION OF PRODUCTS
Whilst many component parts of our Products are standard, all Products available
for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible via photography and copy
points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with
what we consider the best design combined with best performance, and thus
reserve the right to amend the specifications of Products, their price, packaging and
any Service associated at any time, without prior notice. Before ordering, we thus
invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and description, but
unfortunately cannot guarantee that colours and details in website images are
100% accurate representations of the product, and sizes might in some cases be
approximate.
10. PURCHASE OF PRODUCTS
Your order represents an offer to us to purchase a Product which is accepted by us
once we have sent you an email order confirmation. Any Products on the same
order which we have not confirmed in a order confirmation e-mail do not form part
of that contract.
Startupvitamins.com shall under no circumstances be held liable for any special
losses due to specific circumstances of the customer, indirect or consequential
losses or wasted expenditure.
Orders are placed and received exclusively via the Site. Before ordering from us, it
is Member's responsibility to check and determine full ability to receive the
Products. Correct address and post code/zip code, up-to-date telephone number
and e-mail address are absolutely necessary to ensure successful delivery of your
Products. All information asked on the checkout page must be filled in precisely and
accurately. Startupvitamins.com will not be responsible for missed delivery because
of a wrong delivery address or an inappropriate phone number.
Should you like to ask for a change in the delivery address, notify change in a
phone number or any other special requirements, please contact
Startupvitamins.com via e-mail.
11. DELIVERY
We deliver to most places in the world. Delivery prices may vary depending on
delivery location, and additional charges may be added to the order for remote or
difficult to access locations that require special attention. Standard delivery charges
are shown on our checkout page; however we reserve the right to advise you of
any additional delivery charges that apply to your specific delivery address.
Delivery lead time may vary however we aim to supply products within the U.S.
within 10 working days of acceptance of order. Products supplied outside the U.S.
will normally be delivered within 20 working days of acceptance of order. We can
not guarantee delivery dates and accept no responsibility, apart from advising you
of any known delay, for products that are delivered after the estimated delivery
date.
This is only an average estimation, and some delivery can take longer, or
alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best
to contact you and advise you of all changes. We try our best to make delivery of
your product as simple for you as possible.
Depending on the location for the delivery different carriers and services might be
used to deliver your order, but all will be well vetted and of proven reliability. The
Products will be your responsibility from the time of delivery. Ownership of the
Products will only pass to you when we receive full payment of all sums due in
respect of the Products, including delivery charges
12. RELEASE
If you have a dispute with one or more Users, you release us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) 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. You agree
that Startupvitamins.com has no control over and does not guarantee the delivery
of the advertised collaborations and that Startupvitamins.com shall be released
from any and all damages resulting from the failure to receive any benefits of
an anticipated collaboration.
13. TRADE MARKS
If you use any of our trade marks in reference to our Products or Services, you
must include a statement attributing that trade mark to us. You must not use any of
our trade marks in or as the whole or part of your own trade marks; in connection
with activities, Products or Services which are not ours; in a manner which may be
confusing, misleading or deceptive; or in a manner that disparages us or our
information, products or services (including this Site).
14. INDEMNITY
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint
ventures and employees) harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of your
breach of this Agreement, or your violation of any law or the rights of a third party.
15. LAW AND JURISDICTION
If a dispute arises between you and Startupvitamins.com, we strongly encourage
you to first contact us directly to seek a resolution. We will consider reasonable
requests to resolve the dispute through alternative dispute resolution procedures,
such as mediation or arbitration, as alternatives to litigation.
Contracts for the purchase of Products through our Site and any dispute or claim
arising out of or in connection with them or their subject matter or formation
(including non-contractual disputes or claims) must be resolved by a court located
in the State of California. Any dispute or claim arising out of or in connection with
Agreement or its formation (including non-contractual disputes or claims) will be
subject to the nonexclusive jurisdiction of the courts of the State of California.
16. GENERAL
No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced. In our sole
discretion, we may assign this Agreement upon notice to you. Headings are for
reference purposes only and do not limit the scope or extent of such section. Our
failure to act with respect to a breach by you or others does not waive our right to
act with respect to subsequent or similar breaches. We do not guarantee we will
take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this
Site. Except as stated elsewhere, all amended terms shall automatically be
effective thirty (30) days after they are initially posted.
This Agreement may not be otherwise amended except in a writing signed by you
and Startupvitamins.com. This Agreement sets forth the entire understanding and
agreement between you and Startupvitamins.com with respect to the subject matter
hereof.
Privacy policy
It is our policy to respect your privacy regarding any information we may collect while operating our website.
1. PERSONAL INFORMATION
Before using certain parts of any Startupvitamins.com or ordering products, you
must complete an online registration form. During registration, you will be prompted
to provide to us certain personal information, including but not limited to your name,
shipping and billing address, phone number, email address, and credit card
number. In addition, we may also ask you for your country of residence and/or your
organization’s country of operation, so we can comply with applicable laws and
regulations, and for your gender. These kinds of personal information are used for
billing purposes, to fulfill your orders, to communicate with you about your order
and Startupvitamins.com, and for internal marketing purposes. If we encounter a
problem when processing your order, your personal information may be used to
contact you.
By registering at Startupvitamins.com, you agree that all information provided in the registration data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. Startupvitamins.com may collect statistics about the behavior of visitors to its website. Startupvitamins.com may display this information publicly or provide it to others. However, Startupvitamins.com does not disclose personal information other than as described here.
If you are a registered user of a Startupvitamins.com website and have supplied your email address, Startupvitamins.com may occasionally send you an email to tell you about new features, new products, solicit your feedback. Startupvitamins.com takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction personal information.
2. DISCLOSURE OF INFORMATION
Startupvitamins.com discloses personal information only to those of its employees,
contractors and affiliated organizations that need to know that information in order
to process it on Startupvitamins.com behalf or to provide services available at
Startupvitamins.com website, and that have agreed not to disclose it to others.
Some of those employees, contractors and affiliated organizations may be located
outside of your home country.
Startupvitamins.com will not rent or sell personal information to anyone. Other than to its employees, contractors and affiliated organizations, as described here, Startupvitamins.com discloses personal information only in response to court order r other governmental request, or when Startupvitamins.com believes in good faith tat disclosure is reasonably necessary to protect the property or rights of Startupvitamins.com, third parties or the public at large.
3. SECURITY
Your account is protected by a password for your privacy and security. You need to
prevent unauthorized access to your account and personal information by selecting
and protecting your password appropriately and limiting access to your computer
and browser by signing off after you have finished accessing your account.
4. COOKIES
Startupvitamins.com employs cookies. Cookies are alphanumeric identifiers that we
transfer to your computer’s hard drive through your web browser to enable our
systems to recognize your browser. Most internet browsers are initially set to accept
cookies. You can set your browser to refuse cookies from web sites or to remove
cookies from your hard drive, but if you do, you will not be able to access or use
portions of Startupvitamins.com. We have to use cookies to enable you to select
products, place them in an online shopping cart, and to purchase those products. If
you do this, we keep a record of your browsing activity and purchase.
5. BUSINESS TRANSITIONS
If Startupvitamins.com, or substantially all of its assets were acquired, or in the
event that Startupvitamins.com goes out of business or enters bankruptcy, your
personal information would be one of the assets that is transferred or acquired by a
third party. You acknowledge that such transfers may occur, and that any acquirer
of Startupvitamins.com may continue to use your personal information as set forth
in this policy
6. PRIVACY POLICY CHANGES
Although most changes are likely to be minor, Startupvitamins.com may change its
Privacy Policy from time to time, and in Startupvitamins.com sole discretion.
Startupvitamins.com encourages you to frequently check this page for any changes
to its Privacy Policy. Your continued use of this site after any change in this Privacy
Policy will constitute your acceptance of such change.