Kiitos uses Braintree Payment Solutions LLC (Braintree) for payment processing. In order for you to use Braintree’s payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at: https://www.braintreepayments.com/agreements/merchant . By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that Kiitos is not a party to the MSA and that you, Braintree and Braintree’s sponsoring bank and the three parties to the MSA and that Kiitos has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.
Kiitos Terms of Service
Welcome to Kiitos!
Kiitos, Inc. (“Kiitos” or “we”) has developed this Terms of Service (“Terms”) to describe the terms that govern your access to and use of the Kiitos services, including the Kiitos site and other content and services that are linked to these Terms (the " Services"). By accessing or using our Services, you are agreeing to these terms so please read them carefully.
Kiitos allows users to buy, borrow, and sell infant, toddler, children and maternity related items at various prices and in different locations. You must rightfully own or have the necessary legal rights to sell, offer up for borrowing, or buy any items. Please keep in mind that the actual contract for borrowing or selling any item is directly between the seller and buyer or borrower. You assume all risks when transacting with other users.
As part of the Services we may list the items that are available for sale or borrowing, provide pricing or shipping services, or provide other information or Services; however, these are just recommendations so it is up to you if you want to use such information or Services. Kiitos does not guarantee or endorse the authenticity, quality, safety, legality of any of the items offered, borrowed, or sold through the Services; the accuracy of any listings; the ability of sellers to sell items, buyers to buy items, lenders to loan items, or borrowers to borrow items; or that a buyer, borrower, or seller will actually complete a transaction or return an item. We reserve the right to change our Services at any time and for any reason.
Our Services may display content that is provided by a user’s or other third parties. This content is the sole responsibility of the person or entity that decides to makes it available through our Services. Although we do not have any obligation to review or monitor any content, we may review content to determine if it violates our Terms or applicable laws, and we may remove or refuse to display content that we reasonably believe violates our Terms or any law.
Who can use Kiitos: You may only use the Services if you are over the age of 18, are able to enter into a valid agreement with Kiitos, and comply with these Terms and all applicable laws, including applicable export and re-export control laws and regulations. If you can’t agree to these terms do not use our Services.
Registration: To use the Services, you must first create a Kiitos account. There are currently two ways to do this. You can either register by using Facebook Connect or you can register directly with Kiitos using your email. Once you have an account, you are free to list, borrow, loan, sell, or buy any items.
Listing: You must have the necessary legal rights to the item. When you list an item through the Service you must comply with our listing guidelines, this includes, without limitation, accurately describe your item, provide a picture that provides an accurate representation of the item, assign the item to the appropriate category, and provide the terms of your offer. If you are a loaner (which means you are listing an item that will be loaned out), you will also need to include how long the item can be borrowed. Kiitos reserves the right to remove any listings we find inappropriate for our site. Kiitos does not permit listings of: car seats, car seat bases, any kind of weapon, breastmilk, breast pump accessory parts (closed system breast pumps are ok), services (such as babysitting) recalled items or items in poor condition. We reserve the right to remove any listing at our discretion.
Purchasing: If you agree to purchase any item through the Services, you must pay immediately for the item through the Services. If you do not complete your transaction before your session ends, the item you wish to purchase will be released back to the site for other users to buy. A session ends in 24 hours or if you log out sooner than 24 hours. All sales are final, unless otherwise noted. In return, the seller must promptly ship or arrange delivery of the item to the buyer.
Borrowing: The Service also allows you to list item(s) that can be borrowed by another user for some period of time. It is the responsibility of the borrower to promptly return the item in original condition to the loaner. The loaner will assume risk when letting a user borrow an item and should expect standard wear and tear on the item used by the borrower.
Requesting: If you are looking for an item that you would like to borrow or purchase you can simply request the item. If sellers or loaners can fulfill a buyer or borrower’s request, they respond directly to the requested item’s post. Sales of requested items are treated the same as general listing. All transactions are binding.
Cancellation/Refund Policy: Returns and exchanges are determined by the seller or loaner. If the seller cancels a listing that has been purchased by a buyer, the seller is responsible for the service fee associated with the listing. Please confirm with the seller or loaner prior to completing the transaction. Assume that all transactions are final. Any questions or complaints relating to a purchase in exchange for a full or partial refund must be directed to the seller or loaner of the item. Contact us at email@example.com to help settle any disputes. Stripe has outlined their policies and procedures of charges and returns here.
If we think you are abusing or misusing our Service 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 any content you have provided, remove or demote any listings, reduce or eliminate any discounts, and take technical or legal steps to prevent you from using or accessing our Services.
One more thing we need you to be aware of. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
If you suspect inappropriate or fraudulent activity by another user please let us know by emailing us at firstname.lastname@example.org
Your account; Your Content
If you use the Service, you are responsible for maintaining the confidentiality of your account (this includes your password), and understand that you are responsible for all activities that occur under your account. You may not assign or otherwise transfer your account to any other person or entity. Kiitos reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You retain ownership in any content that that you submit, post, list, or otherwise provide through the Service. By posting, uploading, inputting, providing or submitting any content to the Service you grant Kiitos (and any affiliates or third parties we work with) a worldwide license to use, store, host, display, publish, reproduce, modify, create derivative works, communicate, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you decide to stop using our Services.
We have no obligation to provide you with any compensation for any content that you provide through the Service. This includes any comments or feedback that you provide.
We are always looking for ways to make Kiitos a better experience. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your feedback, Kiitos does not waive any rights to use similar or related feedback previously known to Kiitos, or developed by its employees, or obtained from sources other than you.
We may also invite users of social network sites (such as Facebook, Instagram and Pinterest) to associate their posts and photos with specific hashtags (such as #kiitoskids #kiitoskid #kiitosflashsale) suggested by Kiitos for promotional purposes. By associating your posts, photos and other content with any such hashtag, you agree it will be deemed Content and subject to these Terms.
You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Service and Kiitos will have no liability or responsibility with respect thereto. Kiitos reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Subject to these Terms and our policies, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Kiitos, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kiitos or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Fees; Fee Modification
Registering for the Service and listing items on through the Service is free. However Kiitos may charge certain service fees for various transactions effected throughout the Service. Unless otherwise stated, all fees and prices are listed in U.S. Dollars. Learn more here.
We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.
In addition to the purchase or loaner price for an item, buyers and borrowers are responsible for paying all shipping costs to seller or loaner with the purchase and sale of any items through the Service. Sellers are responsible for all income taxes associated with the purchase and sale of any items through the Service.
Responsibility of Use
By using the Services you agree that you will not use the Services to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- Use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- Fail to pay for items purchased by you, unless the seller has materially changed the item's description after you purchased, a clear typographical error is made, or you cannot contact the seller;
- Fail to deliver items sold by you, unless the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Advertise or offer to sell or buy any items or services for any business purpose, unless such Communication Service specifically allows such messages;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services;
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- Violate any applicable laws or regulations.
Our Service may contain links to third-party apps, websites, services, advertisers, retailers, or other activities that are not owned or controlled by Kiitos. We do not endorse or assume any responsibility for any such third-party apps, websites, content, information, materials, products, or services. If you access any third party apps, website, content, or service from Kiitos, you do so at your own risk and you agree that Kiitos will have no liability arising from your use of or access to any third-party apps, website, content, or services.
You agree to indemnify, defend and hold harmless Kiitos, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kiitos reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kiitos in asserting any available defenses.
Warranty and Liability Disclaimers
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KIITOS INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KIITOS INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KIITOS INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KIITOS ADVISES YOU THAT THE SALE AND RESALE OF CERTAIN ITEMS POSTED FOR SALE THROUGH THE SERVICES, SUCH AS CRIBS AND TOYS, MAY BE SUBJECT TO FEDERAL, STATE, AND LOCAL REGULATION GOVERNING THE RESALE OF SUCH ITEMS, MANUFACTURERS’ RECALLS OR OTHER RULES AND REGULATIONS RELATING TO THE PROTECTION OF THE CHILDREN AND CONSUMERS. CAR SEATS AND RELATED CAR SEAT ACCESSORIES, WITH THE EXCEPTION OF STROLLER ATTACHMENTS ARE NOT PERMITTED TO BE SOLD UNDER ANY CONDITION. BREAST MILK, BREAST PUMP ACCESSORIES (CLOSE SYSTEM BREAST PUMPS OK), ANY KIND OF WEAPON, AND SERVICES (SUCH AS BABYSITTING) ARE PROHIBITED FROM KIITOS. KIITOS RESERVES THE RIGHT TO REMOVE ANY LISTING WE FIND INAPPROPRIATE FOR OUR SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIITOS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ITEMS; (B) ANY CONDUCT, CONTENT, OR ITEMS OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ITEMS. IN NO EVENT SHALL KIITOS’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF THE FEES PAID IN THE LAST 12 MONTHS OR ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
We are constantly updating, changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop some or all of the Services altogether.
Kiitos may also stop providing Services to you, or add or create new limits to our Services at any time. You also have the right to stop Services at any time.
Governing Law and Jurisdiction
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Denver, Colorado. Colorado law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
These Terms shall be governed by the laws of the State of Colorado, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Denver, Colorado or the United States District Court for any actions not subject to Arbitration.
Our Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
Notice for California Users
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.
Kiitos welcomes your questions or comments regarding the Terms:
Email Address: email@example.com
P.O. Box 100294, Denver, CO 80250
Effective as of April 1, 2016