Hafback, Inc enables Merchants to provide return, refund and recommerce services to their Shoppers. To use services powered by Hafback, you must agree to these Terms.
What Are You Agreeing to?
Changes to this Agreement. PLEASE READ THESE TERMS CAREFULLY, AS THEY MAY HAVE CHANGED. We reserve the right to change these Terms, or any portion thereof, at any time, without notice, in our sole discretion. Your continued use of Hafback after any such changes constitutes your acceptance of these Terms, as updated. If you do not agree to these Terms, or any changes to these Terms, do not use Hafback Services.
Conflicts. In the event of any conflicts between these Terms and a Merchant’s terms and policies, these Terms will control with respect to the Hafback Services.
Hafback is an online platform that enables Merchants to provide their Shoppers a streamlined item returns, refunds and exchange process. A Merchant may, in its discretion, offer its Shoppers the following return Services powered by Hafback:
- Domestic Returns: the ability for you to easily print a label in order to return an item by mail.
The Hafback Services and associated terms are described in more detail below.
Merchant Products and Policies
Ownership of Hafback
Hafback, any content on Hafback’s website or its platform, and the Hafback Services are proprietary to us, our affiliates, partners, Merchants and/or third party providers. By using Hafback and accepting these Terms (a) Hafback grants you a limited, personal, non-transferable, nonexclusive, revocable right to use Hafback and the Hafback Services pursuant to these Terms and to any additional terms provided by us; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or resell any content, software, products or services obtained from or through Hafback without our express written permission. All rights in or to Hafback not expressly granted to Shopper are reserved exclusively by Hafback.
We own and have the unrestricted right to use and incorporate into Hafback, any suggestions, enhancement requests, recommendations, or other feedback provided by Shopper relating to Hafback.
Shopper Use Requirements
By using Hafback as a Shopper, you agree to the following:
- You are required to be at least 18 years old, or the age of majority in the state or jurisdiction where you reside;
- You attest that you have the capacity and ability to enter into an agreement;
- You will use Hafback only to make timely, legitimate returns in good faith and in accordance with these Terms and the Merchant’s return policies and procedures;
- You will only make returns and obtain refunds for your own personal use or enjoyment;
- You will provide and maintain accurate and updated contact information;
You will not attempt to use Hafback’s platform or website with crawlers, robots, data mining or extraction tools or any other similar functionality;
- You will not use Hafback to (i) collect, upload, transmit, display, or distribute any content or other information or material that violates any third-party right or that you do not have the rights to; (ii) carry out conduct that is unlawful, harassing, tortious, threatening, or invasive of another’s privacy or other rights; or (iii) conduct any action that is in violation of any law, regulation, or obligation or restriction imposed by any third party;
- You will not modify, reverse engineer, alter, decompile, translate, or disassemble Hafback, or any part thereof, or remove, conceal, or obliterate any copyright, trademark, or other proprietary notice or any attribution or other mark or source identifier contained in Hafback;
- You will notify us immediately of any unauthorized use or suspected unauthorized use of Hafback or other breach of security; and
- Your use of Hafback will at all times comply with these Terms.
Hafback enables a Merchant to offer you the following return services via the Hafback platform:
- Provide a Reason for a Return
In order to offer you a better shopping experience, once you initiate a return, you will be prompted to provide a reason for returning an item.
- Domestic Returns
Once you initiate a return in the same country or region as the Merchant, your returned item will be offered for sale on the Hafback Marketplace and/or shipped directly back to the Merchant. Your choice of shipping carrier (USPS, UPS or FedEx) is determined by Hafback. For all returns, please package your item(s) in accordance with the Merchant’s policies, and ensure that your package is dropped off at the shipping carrier’s facility. All item(s) must be received either by the Hafback Marketplace shopper or at the Merchant’s facility in the condition described by the Merchant in its return policy.
- Tracking Returns
If you use Hafback’s Services to initiate a return, the Hafback platform gives you the ability to track the status of your return.
- Shipping Costs
Shipping costs for a return is determined by the Merchant in accordance with the Merchant’s terms and policies.
How the Hafback Marketplace Works
After initiating the return process with a Merchant using the Hafback Services, your item may be listed for sale on the Hafback Marketplace. This service allows Merchants to offer you, their customer, a sustainable returns solution. It may, at the Merchant’s discretion, also give them the financial incentive to waive return shipping charges and restocking fees.
Items will be offered for sale on the Hafback Marketplace for a short window of time as defined by the Merchant. You will retain in your possession the item you are returning to the merchant until a.) the item sells on the marketplace or b.) the sell window closes. At either time, you will be emailed your shipping label to finalize your return.
If your returned item is sold on the Hafback Marketplace, it is your responsibility to mail the item, using the provided shipping label, within three (3) calendar days. Items must be mailed according to the same specifications and conditions as outlined in the Merchant’s return policy. If items are not shipped in this window, your return is subject to be cancelled at the Merchant’s sole discretion.
Items that are marked as damaged, defective, or wrong item sent will not be offered for sale on the Hafback Marketplace and the Merchant’s standard return policy and any associated fees will be in effect.
- Return and Repurchase
Any Shopper who processes a return with the sole intention of attempting to repurchase the same item at a discount will be found to be in violation of these terms, their purchase deemed fraudulent, and the sales transaction will be voided. Misuse of this service will result in suspension up to termination of Shoppers use of both the Hafback Marketplace. Please note that our Returns Management Software and Recommerce Marketplace are paired together and will alert us as to any attempts to return and repurchase the same item.
- Proprietary Rights
As between Shopper and Hafback, all content, documentation, code, data, and related materials made available by us on and through Hafback and all intellectual property rights contained therein are, and will at all times remain, our sole and exclusive property. Shopper agrees that at no time, including after the termination of these Terms, will Shopper attempt to register any trademarks (including domain names) that are confusingly similar in any way to ours, our Site and/or Product.
Use of Electronic Communications
Hafback is provided solely online. When you use Hafback or contact our team, you are using electronic communications. By using Hafback, you agree that all contracts, agreements, and amendments arising from or relating in any way to your or our rights or obligations hereunder, will be provided either through Hafback or via electronic mail or SMS to your last confirmed email address or phone number. The decision to do business with us electronically is yours.
By agreeing to electronic communications, you confirm having access to necessary hardware and software equipment to receive, open, print, and download copies of communications. You should print a copy of these Terms for your records.
You understand and agree that if we send you an electronic communication but you do not receive it because your email address on file is incorrect, out of date, or blocked by your service provider, or you are otherwise unable to receive electronic communications, we will be deemed to have provided the communication to you.
You may withdraw your consent to electronic communications by contacting us via email at support@Hafback.com. If you withdraw your consent to electronic communications, you must stop using Hafback.
How to Contact Us
We strive to make every effort to address your needs, comments and concerns. You agree to inform us promptly of changes to your contact information by emailing us at support@Hafback.com, and by updating such information in your Shopper Account.
These Terms will remain in full force and effect while you use Hafback. We may suspend your use of Hafback at any time. Upon termination of these Terms, your right to access and use Hafback will terminate immediately.
Shopper may not assign these Terms (and any incorporated agreements) to any other person or entity. The right to use Hafback shall not be sold or transferred to any other person or entity without our prior written consent. Any assignment or transfer in violation of this provision shall be null and void.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE HAFBACK “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND AND WE EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED. WE DO NOT REPRESENT OR WARRANT THE RESULTS THAT MAY BE OBTAINED FROM USE OF HAFBACK, THAT USE OF HAFBACK WILL BE SECURE, ERROR-FREE, OR UNINTERRUPTED, OR THAT HAFBACK WILL MEET SHOPPER’S REQUIREMENTS.
WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY ITEM ADVERTISED OR OFFERED BY A THIRD PARTY, INCLUDING A MERCHANT, THROUGH THEIR SITE. IF A MERCHANT PROVIDES ANY WARRANTY, THAT WARRANTY IS BETWEEN SHOPPER AND THE MERCHANT AND NOT US.
NOT A CARRIER; RELEASE SHOPPER ACKNOWLEDGES AND AGREES THAT, (A) HAFBACK IS ONLY A SOFTWARE PROVIDER THAT IS FACILITATING COMMUNICATION WITH POTENTIAL SHIPPING CARRIERS TO ENABLE SHOPPERS TO RETURN PRODUCTS TO THE MERCHANT OR MARKETPLACE SHOPPER AND HAFBACK IS NOT IN ANY WAY ITSELF A SHIPPING CARRIER; (B) HAFBACK IS NOT INVOLVED IN ANY PART OF THE SHIPPING PROCESS, AND CANNOT AND WILL NOT BE LIABLE FOR ANY ERRORS BY SHOPPER, THE MERCHANT, ANY SHIPPING CARRIER OR THIRD PARTY WHICH OCCUR AS PART OF THE SHIPPING PROCESS; AND (C) NEITHER HAFBACK NOR ANY OF ITS AFFILIATES AND ITS AND THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR LICENSORS (COLLECTIVELY, THE “HAFBACK PARTIES”) SHALL BE LIABLE, DIRECTLY OR INDIRECTLY, TO SHOPPER, MERCHANT, OR ANY OTHER PERSON, FOR ANY ERROR OCCURRING AS PART OF THE SHIPPING PROCESS WHICH IS THE RESULT OF A SHIPPING CARRIER’S ACTS OR OMISSIONS, INCLUDING, WITHOUT LIMITATION, FOR ANY DELAYED SHIPMENT, LOST SHIPMENT, MISTAKEN SHIPMENT OR DAMAGED SHIPMENT.
Limitation of Liability
Hafback and the Hafback Parties (as defined above) shall have no liability to Shopper or any other party for any direct, indirect, incidental, special, consequential, lost profit, lost business or punitive damages, arising out of, related to, or in connection with these Terms and/or your use of Hafback. You agree that our total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.
Except as may be limited by applicable law, you agree to indemnify and hold us and the Hafback Parties harmless from any third party claim, damage, and expense, including reasonable attorneys’ fees and costs, arising out of, or in connection with your use or misuse of Hafback, any content or information you submit to or through Hafback, and/or any breach of these Terms.
How Hafback Resolves Disputes
If a dispute arises between you and Hafback, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact Hafback by emailing us at support@Hafback.com to try resolving your problem directly with us.
Mandatory Arbitration. THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE HAFBACK SERVICE.
Any dispute or claim relating in any way to your use of the Hafback Services, a product offered or provided by or through the Hafback Service, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and Hafback shall be resolved by binding arbitration under the Consumer Arbitration Rules (“the Consumer Rules”) of the American Arbitration Association (“AAA”), rather than in court. Except as otherwise explicitly provided in this Section, this broadly includes: any claims based in contract, statute, tort, fraud, consumer rights, misrepresentation, equity or any other legal theory; initial claims, counterclaims, cross-claims and third-party claims; federal, state and local claims; and claims which arose before the date of this Agreement. The Federal Arbitration Act (“FAA”) and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.
YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
Either you or we can initiate arbitration through AAA, an alternative dispute resolution provider, or by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If AAA cannot serve, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and procedures specified in this Section. Any arbitration will be governed by the then-current Consumer Rules of the AAA, and its Procedures for the Resolution of Disputes through Document Submission
(“Document Submission Procedures”). The Consumer Rules are available at the AAA website: www.adr.org. The Document Submission Procedures are included in the Consumer Rules. Your arbitration filing fees will be governed by the Consumer Rules. If it is determined by the arbitrator that you cannot afford such fees, Hafback will pay all arbitration fees and expenses. The arbitration will be conducted solely based on written submissions. The arbitration will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. Disputes or controversies about the validity, enforceability, coverage or scope of this Section or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about the Agreement as a whole are for an arbitrator and not a court to decide.
CLASS ACTION WAIVER: You and Hafback each agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action. To the fullest extent permitted by law, (a) no arbitration will be joined or consolidated with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Hafback and/or you individually.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Even if all parties have opted to litigate a claim in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Section. You and Hafback each agree that any disputes seeking to enforce or protect, or concerning the validity of intellectual property rights will not be subject to binding arbitration under this Section. In addition, pursuant to the Consumer Rules, any party may proceed with their individual claims in small claims court if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s jurisdictional limits; but if that action is transferred, removed or appealed to a different court, arbitration can be elected. If any portion of this Section is inconsistent with the Consumer Rules or other provisions of this Agreement, this Section shall govern. This Section shall survive termination of this Agreement and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. No portion of this Section may be amended absent a written agreement signed by all parties. If any portion of this Section is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section, except that: (A) If the Class Action Waiver is limited, voided or found unenforceable, then this Section (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Section prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have a preclusive effect in an arbitration between the parties to this Section.
RIGHT TO OPT OUT: If you do not want this Section to apply, you must send Hafback a signed notice within 30 calendar days after you agree to be bound by the Agreement as described above. You must send the notice in writing (and not electronically) to Hafback, Inc. Attn. “Terms of Service Mandatory Arbitration Opt Out”, 30 Isabella Street, Floor 4, Pittsburgh, PA 15212. You must provide your name, address, and phone number and state that you “opt out” of Mandatory Arbitration within the Hafback Terms of Service. Opting out of this Mandatory Arbitration provision will not affect the other provisions of this Agreement. If you properly and timely opt out of Mandatory Arbitration as described herein, your opt out request will apply only to this Agreement and not any other agreement between us.
Hafback will not be responsible for any delays or any failure to fulfill its obligations hereunder if and to the extent such delay or failure is due to causes beyond its reasonable control.
Third Party Websites
Hafback may link to websites maintained by other parties, including Merchants and other third party providers. These links are provided solely as a convenience to you. We expressly disclaim any representations regarding the content or accuracy of materials on these websites or the privacy policies posted on these websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource.
Choice of Law
These Terms shall be governed by and construed in accordance with the laws of the state of Florida, excluding its conflicts of law rules. The parties irrevocably agree that any legal action, suit or proceeding arising out of this Agreement shall be brought solely and exclusively in the State or Federal courts of St, Johns County, Florida. Each party expressly consents to the jurisdiction of such courts and waives any objections or right as to forum non conveniens, lack of personal jurisdiction or similar grounds.
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section.
These Terms (including any incorporated agreement) constitute the entire agreement between the parties relating to the subject matter hereof, and supersede any and all previous representations, warranties, covenants and understandings between the parties as to the subject matter hereof.