Terms of Use

These Terms of Use ("Terms") govern your access to and use of the HappyFish KC online coral auction platform (the "Platform"), operated by HappyFish KC ("HappyFish KC," "we," "us," or "our"). By creating an account, placing a bid, or otherwise using the Platform, you agree to these Terms. If you do not agree, do not use the Platform. The "Last updated" date and version are shown at the end of these Terms.

Eligibility

You must be at least 18 years old and located in the United States to create an account or place a bid. By using the Platform, you represent that you meet these requirements.

Your Account

You are responsible for providing accurate account and shipping information and for keeping your login credentials secure. You are responsible for all activity that occurs under your account. Notify us promptly if you believe your account has been accessed without authorization.

Auctions and Bidding

• Bids are binding. Each bid you place is a binding commitment to purchase the item at that price if you are the winning bidder. Bids cannot be retracted once placed, so please bid carefully.
• Proxy bidding. When you set a maximum bid, the Platform will automatically bid on your behalf in increments, up to but never exceeding your maximum, as other bidders compete. You may win for less than your maximum.
• Anti-snipe extension. A bid placed in the final moments of an auction will briefly extend the closing time so that other bidders have an opportunity to respond.
• Winner determination. The highest valid bid at the close of the auction wins.
• Fair use. You agree not to manipulate auctions, including through shill bidding, bidding you do not intend to honor, automated bidding tools, or any attempt to interfere with the normal operation of the Platform.

Payment

If you win an auction, we will send you an invoice payable through Square's secure hosted page. Payment is due within 2 days of the invoice being issued. If an invoice is not paid by the due date, we may cancel the sale, release the item to another buyer, and suspend or restrict your account.

Shipping and Live Arrival

Items are live animals and are shipped separately in accordance with our shipping practices. Shipping costs are non-refundable.

• Live arrival guarantee. We guarantee that livestock arrives alive.
• Dead-on-arrival (DOA) claims. If an item arrives dead, you are eligible for a credit toward replacement corals. To submit a DOA claim, send a photo of the affected animal in its original, unopened bag under white light, and contact us within 2 hours of delivery confirmation. Shipping for any replacement is paid by the buyer.
• Carrier insurance. Shipments are insured at value through a third-party carrier. Losses resulting from carrier delays are refunded or replaced after the insurance claim is approved.
• Appearance variation. Because corals are living organisms, an item's color, size, and appearance may differ from listing photos due to lighting, monitor differences, shipping stress, and acclimation, and may change as the animal settles into your system. Such natural variation is not a basis for a DOA claim or refund.

Returns

All sales are final, except for approved DOA claims as described above.

Acceptable Use

You agree not to use the Platform for any unlawful purpose, to attempt to gain unauthorized access to the Platform or other users' accounts, to disrupt or overload the Platform, or to copy, scrape, or harvest content or data from the Platform without our permission.

Intellectual Property

The Platform and its content, including text, images, and software, are owned by HappyFish KC or its licensors and are protected by applicable intellectual property laws. You may not reproduce or distribute Platform content without our permission.

Disclaimers

Except for the live arrival guarantee stated above, the Platform and all items are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, to the fullest extent permitted by law.

Limitation of Liability

To the fullest extent permitted by law, HappyFish KC's total liability to you for any claim arising out of or relating to the Platform or an item is limited to the amount you paid for the item giving rise to the claim. We are not liable for indirect, incidental, or consequential damages.

Governing Law

These Terms are governed by the laws of the State of Kansas, without regard to its conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Platform will be resolved in the state or federal courts located in Kansas, and you consent to the jurisdiction and venue of those courts.

Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the version identifier and "Last updated" date shown below. Your continued use of the Platform after a change takes effect constitutes acceptance of the updated Terms.

Contact Us

If you have any questions about these Terms, contact us at HappyFishKC@gmail.com.

Operated by HappyFish KC. Owner: Shane Barnard.