Terms & Conditions
1. WHO WE ARE AND HOW TO CONTACT US
1A. www.postbys.com (“Website”) is a website operated by Postbys Inc. ("Company", "us" or "we"). We are registered in Washington, D.C. under company number C00006742952 and have our registered office at 1325 G Street N.W. Suite 500 Pmb. #850, Washington, D.C 20005. We are a District of Columbia Corporation.
1B. Our Website offers a powerful marketplace for businesses to buy and sell products at tradeshows. These are the general terms of use of our Website (including the platform available on or through it). These terms apply to all users of the Website.
1.C. If you have any questions about these terms, or about our Website more generally, please contact us. To contact us, please use the form on our Website.
2. BY USING OUR WEBSITE YOU ACCEPT THESE TERMS
2A. By visiting or using our Website, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our Website.
2B. We recommend that you print or save a copy of these terms for future reference.
2C. The term “you” or “your” refers to any user or viewer of the Website.
3. THERE ARE OTHER TERMS THAT APPLY
3A. These terms incorporate by reference the following additional terms, which also apply to your use of our Website:
3A1. Our Privacy Policy, described further under “How we may use your personal information” below.
3B. If you purchase or supply goods or services from or through our Website, our Terms and Conditions of Supply and/or Purchase (as applicable) will apply to such purchase or supply.
3C. In the event of any conflict or inconsistency between any of the provisions described in these terms of use and any of the other policies/terms and conditions, the relevant policy/terms and conditions listed first in the following list will prevail:
1. the Privacy Policy (insofar as it relates to personal data);
2. the Supply of Goods Terms and Conditions; and
3. these general terms.
4. WE MAY MAKE CHANGES TO THESE TERMS
4A. We may amend these terms from time to time. The most recently published version of these terms will apply each time you access or use the Website. Every time you wish to use our Website, please check for any changes to these terms.
5. WE MAY MAKE CHANGES TO OUR WEBSITE
5A. We may update and change our Website from time to time to reflect changes to our online marketplace, products, our users’ needs and our business. We will try to give you reasonable notice of any major changes.
6. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE
6A. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any significant suspension or withdrawal.
6B. You are responsible for ensuring that all persons who access our Website through your internet connection, or who are otherwise employed or engaged by you to use the Website, are aware of these terms and all other applicable terms and conditions, and that they comply with them.
6C. We will not be held liable for the unavailability of the Website or any of our services, including but not limited to any loss of revenue resulting from the unavailability or inability to use our Website or services.
7. YOUR ACCOUNT
7A. To make use of our Website and services you are required to register for an account on the Website. You must provide accurate and complete information and keep your account information updated.
7B. Access to the Website is only meant for the entity who has registered it/her/him-self with the Website and for whom a username and password has been given. The login details are not to be shared even temporarily with any third party. You may never use another person's user account or registration information without our permission. We may close your account and deny you access to our services effective immediately unilaterally, you will be given notice when your account has been closed.
7C. By using and creating an account on our Website you confirm that you have full capacity and authority to agree to these terms and that you are acting in your capacity as a sole trader engaged in, or on behalf of a company or firm which is engaged in (as applicable), a bona fide and legitimate business.
7D. If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
7E. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
7F. You are fully responsible for any purchase or other activity that occurs on your account, even if that activity is (or is alleged to be) carried out by an unauthorized third party. You are fully responsible for keeping your account details secure and the Company is not responsible for any consequences arising from unauthorized use of the account. We advise you to change your password regularly. You will notify us immediately in case of unauthorized activity on your account. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by sending a request on the contact form of our Website.
8. HOW YOU MAY USE MATERIAL ON OUR WEBSITE
8A. We are the owner or the licensee of all intellectual property rights in and to our Website, and in and to the material published on it. Those works are protected by copyright laws and treaties around the world as well as various other intellectual property rights. All such rights are reserved.
8B. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8C. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
8D. You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors. Unauthorized use of data or content downloaded from the Website for any commercial purposes, or passing the information contained in the website to third parties, is strictly forbidden and may lead to legal action. Users may NOT republish, scrape, reproduce, re-distribute or copy any of the content on this Website. It is particularly forbidden to link or embed any information on this Website to any platform or similar technology or sales channel without written approval from the Company. You must not attempt to reverse engineer or derive any source code or algorithms of our Website.
8E. If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9. DO NOT RELY ON INFORMATION ON THIS WEBSITE
9A. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
9B. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date (including information relating to available stock listed on our Website). We do not guarantee any minimum stock availability.
9C. All products and services listed on our Website are invitations to treat and not offers. An offer is made by you when you request a product or service and a contract is formed when that offer is accepted by us in accordance with our terms of supply and purchase from time to time.
10. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
10A. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.
10B. We have no control over the contents of those websites or resources.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11A. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
11B. Our liability may further be limited in relation to the supply of goods via the marketplace on the Website as indicated in our Supply of Goods Terms and Conditions.
11C. No warranties, conditions, representations or other promises of any kind are made in relation to our Website or any product or service listed on our Website unless expressly stated otherwise in writing. All implied terms (whether by statute or under common law) are accordingly, to the extent permitted by law, excluded and disapplied.
11D. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
1. use of, or inability to use, our Website; or
2. use of or reliance on any content displayed on our Website.
11E. We will under no circumstances be liable for:
1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation; or
5. any other indirect or consequential loss or damage.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12A. We will use your personal information as set out in our Privacy Policy, the terms of which are expressly incorporated herein by reference. By using our Website, you agree to the terms and conditions of our Privacy Policy from time to time.
13. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
13A. We do not guarantee that our Website will be secure or free from bugs, vulnerabilities or viruses.
13B. You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.
13C. You must not misuse our Website by knowingly introducing viruses, trojans, vulnerabilities, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
14. RULES ABOUT LINKING TO OUR WEBSITE AND LINKS PROVIDED ON OUR WEBSITE
14A. You may link to a web page that is publicly accessible (i.e. does not require a login), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
14B. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14C. You must not establish a link to our Website in any website that is not owned by you.
14D. Our Website must not be framed on any other website.
14E. We reserve the right to withdraw linking permission without notice.
14F. If you wish to link to or make any use of content on our Website other than that set out above, please contact us by sending a message on the contact page of our Website.
14G. This Website provides links to third party websites, including but not limited to GIA certificates, images and videos of goods. You acknowledge and agree that we are not responsible for the content and or availability of such external websites or resources.
15. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
15A. These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by American law. We both agree to the exclusive jurisdiction of the courts of U.S.A.
Privacy Policy
Postbys Privacy Policy
Welcome to Postbys, the online service of Postbys, Inc. (“Postbys,” “we,” or “us”). Our Privacy Policy explains how we collect, use, disclose, and protect information that applies to our Service, and your choices about the collection and use of your information.
HOW WE COLLECT AND USE INFORMATION: We collect the following types of information about you: Information you provide us directly: We may ask for certain information such as your username, first and last name, birthdate, phone number and e-mail address when you register for a Postbys account, or if you correspond with us. We may also retain any messages you or your users send through the Service, and may collect information you post to or collect from users of the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service. Information we may receive from third parties: We may receive information about you from third parties. If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, that information may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join Postbys. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Postbys Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages and push notifications. We may also send you Service-related emails or messages (e.g., account verification, order confirmations, change or updates to features of the Service, technical and security notices).
USE OF COOKIES AND OTHER TECHNOLOGY TO COLLECT INFORMATION: We automatically collect certain types of usage information when you visit our website or use our Service. When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information from your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons), which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service. When you access our Service by or through a mobile device, we may receive or collect and store a unique identification number associated with your device (“Device ID”), mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. We use or may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (e) diagnose or fix technology problems; (f) otherwise to plan for and enhance our Service; and (g) automatically update your Postbys application.
HOSTED APPLICATIONS: Each Party agrees to abide by all applicable local, state, national, and international laws and regulations in connection with providing the Services, including, without limitation, all laws regarding the transmission of technical data exported from the United States through the Service and all Applicable Privacy Laws. Postbys will employ commercially reasonable security measures. Despite the foregoing, Licensee acknowledges that the storage and process of data, and the assurances published by Amazon (including Amazon Web Services), Google Cloud Platform, and Microsoft (including Microsoft Azure) meet the requirements of this Section. Licensee shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use the Licensee Data. Licensee grants to Postbys a license store, record, transmit, maintain, and display the Licensee Data only to the extent necessary to carry out its obligations under this Agreement. Without limiting the foregoing, Postbys shall have no liability to Licensee for any unauthorized access to, or use, corruption or loss of, any personal health information (“PHI”) or personally identifiable information (“PII”) which may be contained in the Licensee Data, except to the extent that such unauthorized access, use, corruption, or loss is judicially determined to be due to Postbys’s neglect or misconduct or breach of the terms of this Agreement. Despite any other provision of the Agreement, in the case of loss or PII or PII due to actions or inactions of Postbys, Licensee’s sole remedy shall be for Postbys to restore such PHI and /or PII from the latest available backup. If Postbys becomes aware of any Security Incident, Postbys will promptly (1) notify Licensee of the Security Incident; (2) take reasonable steps to mitigate the effects and to minimize damage resulting from the Security Incident; and (3) at Licensee’s request and cost, take commercially reasonable steps to assist Licensee in complying with its obligations under Applicable Privacy Laws pertaining to responding to a Security Incident. Notification(s) of Security Incidents will be delivered in accordance with Applicable Law. Postbys’s obligation to report or respond to a Security Incident under this section is not an acknowledgement by Postbys of any fault or liability with respect to the Security Incident. Licensee must notify Postbys promptly about any possible misuse of its accounts or authentication credentials or any security incident related to the Services. Postbys shall promptly notify Licensee if Postbys receives a request from a data subject to have access to personal information or any other complaint or request relating to Licensee’s obligations under applicable data protection laws. Postbys shall provide reasonable assistance to Licensee to facilitate Licensee’s ability to respond to such request or complaint (including, without limitation, by allowing data subjects to have access to their personal information if such access is required by the applicable data protection laws, and where the personal information is not already available to the Licensee). Each Party shall retain sole responsibility for such Party’s information technology infrastructure, including computers, servers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by such Party or through the use of third-Party services. Licensee shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Licensee shall also be responsible for maintaining the security of the Equipment, Licensee account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Licensee’s account or the Equipment with or without Licensee’s knowledge or consent. Licensee shall be responsible for obtaining all necessary permissions, licenses, clearances, and/or releases for Licensee’s intended use of the Services. Licensee is responsible for adhering to local laws and regulations, including those that relate to data privacy such as Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the European Union’s General Data Protection Regulation (“GDPR”).
“DO NOT TRACK”: Although we do our best to honor the privacy preferences of our customers, we are not able to respond to Do-Not-Track signals from your browser at this time. As discussed above, we track website and app usage information through the use of cookies for analytic and internal purposes only. Because we do not collect this information to track you across websites or apps over time, your selection of the “Do Not Track” option provided by your browser will not have any effect on our collection of cookie information for analytics or internal purposes.
CHILDREN’S PRIVACY: Postbys does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
LINKS TO OTHER WEB SITES, MOBILE APPS, AND SERVICES: We are not responsible for the practices employed by websites, mobile apps, or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website or app, our Privacy Policy does not apply to third-party websites, apps, or services. Your browsing and interaction on any third-party website, app, or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible for and we do not have any control over any third-parties that you authorize to access your User Content. If you are using a third-party website, app, or service (like Facebook) and you allow such a third-party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.
HOW TO CONTACT US: If you have any questions about this Privacy Policy or the Service, please contact us at support@postbys.com.
CHANGES TO OUR PRIVACY POLICY: Postbys may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will let you know and update the ‘last modified’ date at the bottom of this page. This privacy policy was last modified on January 01, 2025.
1A. www.postbys.com (“Website”) is a website operated by Postbys Inc. ("Company", "us" or "we"). We are registered in Washington, D.C. under company number C00006742952 and have our registered office at 1325 G Street N.W. Suite 500 Pmb. #850, Washington, D.C 20005. We are a District of Columbia Corporation.
1B. Our Website offers a powerful marketplace for businesses to buy and sell products at tradeshows. These are the general terms of use of our Website (including the platform available on or through it). These terms apply to all users of the Website.
1.C. If you have any questions about these terms, or about our Website more generally, please contact us. To contact us, please use the form on our Website.
2. BY USING OUR WEBSITE YOU ACCEPT THESE TERMS
2A. By visiting or using our Website, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our Website.
2B. We recommend that you print or save a copy of these terms for future reference.
2C. The term “you” or “your” refers to any user or viewer of the Website.
3. THERE ARE OTHER TERMS THAT APPLY
3A. These terms incorporate by reference the following additional terms, which also apply to your use of our Website:
3A1. Our Privacy Policy, described further under “How we may use your personal information” below.
3B. If you purchase or supply goods or services from or through our Website, our Terms and Conditions of Supply and/or Purchase (as applicable) will apply to such purchase or supply.
3C. In the event of any conflict or inconsistency between any of the provisions described in these terms of use and any of the other policies/terms and conditions, the relevant policy/terms and conditions listed first in the following list will prevail:
1. the Privacy Policy (insofar as it relates to personal data);
2. the Supply of Goods Terms and Conditions; and
3. these general terms.
4. WE MAY MAKE CHANGES TO THESE TERMS
4A. We may amend these terms from time to time. The most recently published version of these terms will apply each time you access or use the Website. Every time you wish to use our Website, please check for any changes to these terms.
5. WE MAY MAKE CHANGES TO OUR WEBSITE
5A. We may update and change our Website from time to time to reflect changes to our online marketplace, products, our users’ needs and our business. We will try to give you reasonable notice of any major changes.
6. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE
6A. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any significant suspension or withdrawal.
6B. You are responsible for ensuring that all persons who access our Website through your internet connection, or who are otherwise employed or engaged by you to use the Website, are aware of these terms and all other applicable terms and conditions, and that they comply with them.
6C. We will not be held liable for the unavailability of the Website or any of our services, including but not limited to any loss of revenue resulting from the unavailability or inability to use our Website or services.
7. YOUR ACCOUNT
7A. To make use of our Website and services you are required to register for an account on the Website. You must provide accurate and complete information and keep your account information updated.
7B. Access to the Website is only meant for the entity who has registered it/her/him-self with the Website and for whom a username and password has been given. The login details are not to be shared even temporarily with any third party. You may never use another person's user account or registration information without our permission. We may close your account and deny you access to our services effective immediately unilaterally, you will be given notice when your account has been closed.
7C. By using and creating an account on our Website you confirm that you have full capacity and authority to agree to these terms and that you are acting in your capacity as a sole trader engaged in, or on behalf of a company or firm which is engaged in (as applicable), a bona fide and legitimate business.
7D. If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
7E. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
7F. You are fully responsible for any purchase or other activity that occurs on your account, even if that activity is (or is alleged to be) carried out by an unauthorized third party. You are fully responsible for keeping your account details secure and the Company is not responsible for any consequences arising from unauthorized use of the account. We advise you to change your password regularly. You will notify us immediately in case of unauthorized activity on your account. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by sending a request on the contact form of our Website.
8. HOW YOU MAY USE MATERIAL ON OUR WEBSITE
8A. We are the owner or the licensee of all intellectual property rights in and to our Website, and in and to the material published on it. Those works are protected by copyright laws and treaties around the world as well as various other intellectual property rights. All such rights are reserved.
8B. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8C. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
8D. You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors. Unauthorized use of data or content downloaded from the Website for any commercial purposes, or passing the information contained in the website to third parties, is strictly forbidden and may lead to legal action. Users may NOT republish, scrape, reproduce, re-distribute or copy any of the content on this Website. It is particularly forbidden to link or embed any information on this Website to any platform or similar technology or sales channel without written approval from the Company. You must not attempt to reverse engineer or derive any source code or algorithms of our Website.
8E. If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9. DO NOT RELY ON INFORMATION ON THIS WEBSITE
9A. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
9B. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date (including information relating to available stock listed on our Website). We do not guarantee any minimum stock availability.
9C. All products and services listed on our Website are invitations to treat and not offers. An offer is made by you when you request a product or service and a contract is formed when that offer is accepted by us in accordance with our terms of supply and purchase from time to time.
10. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
10A. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.
10B. We have no control over the contents of those websites or resources.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11A. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
11B. Our liability may further be limited in relation to the supply of goods via the marketplace on the Website as indicated in our Supply of Goods Terms and Conditions.
11C. No warranties, conditions, representations or other promises of any kind are made in relation to our Website or any product or service listed on our Website unless expressly stated otherwise in writing. All implied terms (whether by statute or under common law) are accordingly, to the extent permitted by law, excluded and disapplied.
11D. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
1. use of, or inability to use, our Website; or
2. use of or reliance on any content displayed on our Website.
11E. We will under no circumstances be liable for:
1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation; or
5. any other indirect or consequential loss or damage.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12A. We will use your personal information as set out in our Privacy Policy, the terms of which are expressly incorporated herein by reference. By using our Website, you agree to the terms and conditions of our Privacy Policy from time to time.
13. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
13A. We do not guarantee that our Website will be secure or free from bugs, vulnerabilities or viruses.
13B. You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.
13C. You must not misuse our Website by knowingly introducing viruses, trojans, vulnerabilities, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
14. RULES ABOUT LINKING TO OUR WEBSITE AND LINKS PROVIDED ON OUR WEBSITE
14A. You may link to a web page that is publicly accessible (i.e. does not require a login), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
14B. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14C. You must not establish a link to our Website in any website that is not owned by you.
14D. Our Website must not be framed on any other website.
14E. We reserve the right to withdraw linking permission without notice.
14F. If you wish to link to or make any use of content on our Website other than that set out above, please contact us by sending a message on the contact page of our Website.
14G. This Website provides links to third party websites, including but not limited to GIA certificates, images and videos of goods. You acknowledge and agree that we are not responsible for the content and or availability of such external websites or resources.
15. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
15A. These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by American law. We both agree to the exclusive jurisdiction of the courts of U.S.A.
Privacy Policy
Postbys Privacy Policy
Welcome to Postbys, the online service of Postbys, Inc. (“Postbys,” “we,” or “us”). Our Privacy Policy explains how we collect, use, disclose, and protect information that applies to our Service, and your choices about the collection and use of your information.
HOW WE COLLECT AND USE INFORMATION: We collect the following types of information about you: Information you provide us directly: We may ask for certain information such as your username, first and last name, birthdate, phone number and e-mail address when you register for a Postbys account, or if you correspond with us. We may also retain any messages you or your users send through the Service, and may collect information you post to or collect from users of the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service. Information we may receive from third parties: We may receive information about you from third parties. If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, that information may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join Postbys. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Postbys Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages and push notifications. We may also send you Service-related emails or messages (e.g., account verification, order confirmations, change or updates to features of the Service, technical and security notices).
USE OF COOKIES AND OTHER TECHNOLOGY TO COLLECT INFORMATION: We automatically collect certain types of usage information when you visit our website or use our Service. When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information from your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons), which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service. When you access our Service by or through a mobile device, we may receive or collect and store a unique identification number associated with your device (“Device ID”), mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. We use or may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (e) diagnose or fix technology problems; (f) otherwise to plan for and enhance our Service; and (g) automatically update your Postbys application.
HOSTED APPLICATIONS: Each Party agrees to abide by all applicable local, state, national, and international laws and regulations in connection with providing the Services, including, without limitation, all laws regarding the transmission of technical data exported from the United States through the Service and all Applicable Privacy Laws. Postbys will employ commercially reasonable security measures. Despite the foregoing, Licensee acknowledges that the storage and process of data, and the assurances published by Amazon (including Amazon Web Services), Google Cloud Platform, and Microsoft (including Microsoft Azure) meet the requirements of this Section. Licensee shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use the Licensee Data. Licensee grants to Postbys a license store, record, transmit, maintain, and display the Licensee Data only to the extent necessary to carry out its obligations under this Agreement. Without limiting the foregoing, Postbys shall have no liability to Licensee for any unauthorized access to, or use, corruption or loss of, any personal health information (“PHI”) or personally identifiable information (“PII”) which may be contained in the Licensee Data, except to the extent that such unauthorized access, use, corruption, or loss is judicially determined to be due to Postbys’s neglect or misconduct or breach of the terms of this Agreement. Despite any other provision of the Agreement, in the case of loss or PII or PII due to actions or inactions of Postbys, Licensee’s sole remedy shall be for Postbys to restore such PHI and /or PII from the latest available backup. If Postbys becomes aware of any Security Incident, Postbys will promptly (1) notify Licensee of the Security Incident; (2) take reasonable steps to mitigate the effects and to minimize damage resulting from the Security Incident; and (3) at Licensee’s request and cost, take commercially reasonable steps to assist Licensee in complying with its obligations under Applicable Privacy Laws pertaining to responding to a Security Incident. Notification(s) of Security Incidents will be delivered in accordance with Applicable Law. Postbys’s obligation to report or respond to a Security Incident under this section is not an acknowledgement by Postbys of any fault or liability with respect to the Security Incident. Licensee must notify Postbys promptly about any possible misuse of its accounts or authentication credentials or any security incident related to the Services. Postbys shall promptly notify Licensee if Postbys receives a request from a data subject to have access to personal information or any other complaint or request relating to Licensee’s obligations under applicable data protection laws. Postbys shall provide reasonable assistance to Licensee to facilitate Licensee’s ability to respond to such request or complaint (including, without limitation, by allowing data subjects to have access to their personal information if such access is required by the applicable data protection laws, and where the personal information is not already available to the Licensee). Each Party shall retain sole responsibility for such Party’s information technology infrastructure, including computers, servers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by such Party or through the use of third-Party services. Licensee shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Licensee shall also be responsible for maintaining the security of the Equipment, Licensee account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Licensee’s account or the Equipment with or without Licensee’s knowledge or consent. Licensee shall be responsible for obtaining all necessary permissions, licenses, clearances, and/or releases for Licensee’s intended use of the Services. Licensee is responsible for adhering to local laws and regulations, including those that relate to data privacy such as Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the European Union’s General Data Protection Regulation (“GDPR”).
“DO NOT TRACK”: Although we do our best to honor the privacy preferences of our customers, we are not able to respond to Do-Not-Track signals from your browser at this time. As discussed above, we track website and app usage information through the use of cookies for analytic and internal purposes only. Because we do not collect this information to track you across websites or apps over time, your selection of the “Do Not Track” option provided by your browser will not have any effect on our collection of cookie information for analytics or internal purposes.
CHILDREN’S PRIVACY: Postbys does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
LINKS TO OTHER WEB SITES, MOBILE APPS, AND SERVICES: We are not responsible for the practices employed by websites, mobile apps, or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website or app, our Privacy Policy does not apply to third-party websites, apps, or services. Your browsing and interaction on any third-party website, app, or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible for and we do not have any control over any third-parties that you authorize to access your User Content. If you are using a third-party website, app, or service (like Facebook) and you allow such a third-party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.
HOW TO CONTACT US: If you have any questions about this Privacy Policy or the Service, please contact us at support@postbys.com.
CHANGES TO OUR PRIVACY POLICY: Postbys may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will let you know and update the ‘last modified’ date at the bottom of this page. This privacy policy was last modified on January 01, 2025.