We welcome you to www.skriti.co! The site is maintained as a Service to our users. By using our Site, you agree to comply with and be bound by the following terms and conditions of use. PLEASE REVIEW THE BELOW CONTENTS CAREFULLY. You acknowledge and agree that users of www. skriti. co may be part of an online community that includes other websites owned by the Company, its Affiliates, or other business partners (all together, the “Websites”) and, therefore, with your consent, we may use your profile on our Site to populate registration and profile information on the Websites.
Please read these terms carefully as they contain, to the extent legally allowable in your jurisdiction, an agreement to arbitrate as well as other important legal rights, remedies, and information.
This Agreement applies to all Skriti services, including the Skriti Mobile App (on any formats or devices), and the websites located at https://www.skriti.co, (collectively, the “Service(s)”). The Service provides an online social marketplace where Users can list and sell items (“Items”). Users who purchase Items are called “Buyers”, and Users who sell Items are called “Sellers”. Users may be both Buyers and Sellers of the Service. In using the Service, Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Skriti is not a party to such transaction.
There are risks that you assume when dealing with others, and these risks are borne by You alone and not Skriti. You are solely responsible for your evaluation of, and decided to use, the Service, Buy, Sell, or transact any business or communications on the Service, and will be liable for all of Your actions on the Service.
4. Third-Party Services
We may provide to you, or provide Your Content, certain third-party services or third-party service providers (collectively, "Third Party Service(s)") which may also provide to you links to sites, email and telephone correspondence, and other offers outside of our network. Such Third-Party Services are provided "AS IS" without indemnification, support, or warranty of any kind, and this Term does not apply to your use of any such provided Third-Party Services. You are responsible for evaluating whether you want to access or use such Third-Party Services, and, in certain circumstances where required or applicable, may opt out from such Third Party Services available outside of the Skriti network, or may choose to not utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. Skriti is not responsible for, nor endorses any features, content, advertising, products, or other materials on or available from such Third-Party Services.
5. Third-Party Material
Skriti will not be liable in any way for (1) any items or content on the Service posted by third parties, other users, or at the direction of users (all, “Third Party Materials”), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on the Service; and you acknowledge that Skriti does not, and is under no obligation, to review, screen, or inspect any Third Party Materials on the Service, although Skriti reserves the right to do so, and remove Third Party Materials at Our sole discretion. You agree that you bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials.
6. Referrals and Credits
7. Your Responsibilities
You accept to be solely responsible for all information, descriptions, pictures, listings, data, text, music, videos, media, comments, or any other materials (“Content”) that you upload, post, publish, transmit, or display (“Post”) via the Service. The following are examples of Content, Posting, or Use of the Service that is illegal or prohibited by us. We may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Your Content, Posting, or Use, without limitation, including preservation of such information for investigative purposes. Skriti observes strictly the highest standards of good tastes and decency and requires the same from the user. By browsing through our Site, you agree and understand that any content, such as text, communications, video, software, images, sounds, data, or other information, are:
a. appropriate, civil, tasteful, and in accord with generally accepted standards of etiquette and behavior on the internet;
b. not offensive, obscene, indecent, pornographic, lewd, suggestive, or sexually explicit;
c. not depicting violence in an explicit, graphic, or gratuitous manner; or
d. not be blasphemous or in breach of racial or religious hatred or discrimination legislation;
e. not deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, or inflammatory;
f. not causing annoyance, inconvenience, or needless anxiety to any person; or constitute spam.
g. not illegal or unlawful, infringe any person's legal rights, or capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law) and must not infringe or breach:
i. any copyright, moral right, database right, trademark right, design right, right in passing off, or another intellectual property right;
ii. any right of confidence, right of privacy, or right under data protection legislation;
iii. any contractual obligation owed to any person; or
iv. any court order.
h. impersonates any person or entity, including any employee or representative of this Site, its licensors, or advertisers.
i. You also agree that you shall not harvest or collect information about the users of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party.
j. You further agree that you shall not solicit or collect information or attempt to induce physical contact with anyone, 16 years old or younger, without appropriate parental consent.
k. This Site generally does not pre-screen, monitor, or edit the content posted by users of this Site. However, this Site and its agents have the right, at their sole discretion, to remove any content that, in the Company’s sole judgment, does not comply with the Company’s posture on acceptable user conduct or is otherwise harmful, objectionable, or inaccurate. This Site is not liable for any failure, delay, damages, or results, in removing such content.
l. You agree that your use of this Site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this Site in violation of these Terms and Conditions and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this Site may disclose your identity and contact information if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this Site shall not be liable for damages or result of a subpoena or other legal action, and the owner of this Site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this Site for such disclosure.
8. Your Content
As Users of Our Services, all information, including items, messages, offers, purchases, sales, etc. that you post, transmit or submit through Our Services (“Content”) is intended to be shared with other Users. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or that You have the right to give us the license described below, including the correct and legal permissions and consents for any personally identifiable information you may provide to, or upload by way of, the Skriti Service(s). By posting or otherwise transmitting any User Content you hereby grant and will grant to Skriti and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Skriti, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content). You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We are not under any obligation to review any Content posted by our users on our Services, although we reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display the Content and may remove or delete all or any portion of the Content at any time. You understand that Skriti is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content and that such Content is not the responsibility of Skriti. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Skriti Parties with respect thereto. Any Content You upload is not considered confidential by Skriti, will be treated as public information, and You agree and understand is intended to be shared with other users of our Services as well as third parties, all in Skriti’s sole discretion, and Skriti has no control or liability over what other users do with your Content. You understand and agree that Skriti will not be liable for any treatment of your Content as confidential and waive all rights concerning any such claims of confidentiality. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site or the Service (“Submissions”), provided by you to Skriti are non-confidential and Skriti shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.
9. Intellectual Property
You acknowledge the Service contains images and descriptions that are third-party content (“Service Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Skriti retains all rights to Our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content or Skriti’s intellectual property that you are exposed to through our Service not explicitly authorized by this Agreement. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Skriti Trademarks will be inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Skriti. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Skriti.
10. Infringement Policy
We respect the intellectual property of others and ask that our Users do the same. Although Skriti is under no obligation to do so, it will make all reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take actions regarding such infringement where applicable. If you believe your work has been copied in a way that constitutes infringement or your intellectual property rights have been violated, please provide our Copyright Agent with the following information: (1) confirmation you are the owner or authorized to represent the owner of the intellectual property (2) description of your work (3) description of the infringing work, and (4) a statement that you believe the use of the work is not authorized. If your work is removed due to infringement and You believe it is not infringing, please provide our Copyright Agent with (a) confirmation you are the owner or authorized to represent the owner of intellectual property and (b) identification of removed content and description, (c) statement of good faith regarding ownership of the intellectual property, (d) your contact information and consent to submitting to federal courts located in the Northern District of California and a statement to accept service of process regarding the alleged infringement. Skriti will endeavor to resolve counter-notices in 10 to 14 business days and will provide the original complaining party an opportunity to seek a court order against the counter-claiming party, and in the event, no order is sought, may allow the original content to be reposted. Please contact our Copyright Agent at firstname.lastname@example.org.
11. Purchase and Sale Transactions
Risks, No Warranty: You assume certain risks in using a marketplace service such as Skriti. Skriti is not involved with, nor provides a warranty for, any transaction between Buyer and Seller, nor has title to any Items and is not the Buyer or Seller in any transaction. You as a Buyer and/or Seller assume agreement and understand you bear all of the risks in selling or purchasing items on the Service.
Fees: Registering for the Service is free, however, Skriti charges certain fees for various transactions through Your use of the Service as outlined in the Fee Policy. All amounts are quoted in US dollars unless otherwise stated.
Prohibited Items: Skriti prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, Items listed in our Prohibited Items Policy. Skriti prohibits the listing or sale of counterfeit items. Please refer to our Skriti Authenticate policy for further information.
Sellers: You agree that you have all rights necessary to sell the Items you make available, and will describe such Items truthfully, accurately, and completely.
Buyers: You are solely responsible for reading and reviewing the Item listing before making an offer or purchasing. The contract to purchase is between you and the Seller, not Skriti.
Purchases: Buyers may offer to purchase Items from Sellers, and once accepted, this is considered a purchase, and a binding contract. Upon purchasing an Item, a Buyer is obligated to remit payment for the Item to Skriti including any shipping or additional fees listed. Skriti is not an auctioneer, nor is it a Seller or carrier. Service includes pricing, listing, and shipping assistance, but Skriti is not a Buyer or Seller of Items. Skriti may delay any Purchase for purposes of fraud detection or to protect users from other illegal or wrongful activities. All Purchases are final, with no returns, refunds, cancellations, or retractions allowed, except where (a) Buyer cancels an order within three (3) hours of purchase, or (b) the Purchase is canceled where explicitly permitted by Skriti or where applicable, a Seller.
Shipping: Skriti will provide the Seller with a prepaid shipping label to send the item to the Buyer (Skriti reserves the right to discontinue providing Labels to any or all users at any time and for any reason). The seller must then deliver the Item to the Buyer. The seller must ship the Item within three (3) days of receipt of the label, if the Seller does not ship the Item We will notify the Seller and provide a set amount of time for shipping before the order will be canceled. When using a label Seller must only use the label to ship the applicable item, is fully responsible for the contents of the parcel, comply with all terms and comply with all conditions of the shipping carrier. Title transfers to Buyer upon shipment. If an item is lost, damaged, late, or arrives not as expected to Buyer, Buyer must report the issue to Skriti three (3) days after delivery. Once Buyer confirms receipt and acceptance of Item, either by affirmatively notifying Skriti or failing to notify Skriti within three (3) days of delivery (as determined by tracking information), Skriti will credit Seller’s account with an amount equal to the Purchase price, minus taxes, Skriti’s commission, and any applicable fees (the “Funds”) outlined in our Fee Policy. Funds may be redeemed by the Seller through Skriti’s permitted third party payment provider(s) or used by the Seller to purchase items listed by other sellers through the Service.
Taxes: Purchased items may be subject to applicable taxes in your jurisdiction, which Skriti will collect from Buyers on behalf of Sellers were obligated to do so, and in the event, taxes are collected and Skriti is legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Sellers. Note that taxes are not included in the listed price for Items, but will be displayed before confirmation of purchase. The use of credits may modify taxes that apply to a Buyer’s order. Taxes may be estimated based on offers made on Items, but are subject to change if the final sale price is different than the original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at the time of purchase. Although we may assess taxes upon purchase or sale you are ultimately responsible for the verification and reporting of any applicable taxes to the appropriate tax authorities, including instances where Skriti does not collect taxes on your behalf.
Payments: Buyers may pay for Items using payment methods approved by Skriti, and Skriti will receive payment from the Buyer on behalf of the Seller. By submitting payment information to Skriti you authorize Skriti to store that information and with your confirmation, charge you for any items purchased.
Fee Modifications: We may change or discontinue, temporarily or permanently, some or all fees for the Service, and such changes will be effective upon Skriti’s revision of the Fee Policy.
Shipping Costs: Buyers are responsible for any shipping costs (as detailed in the Fee Policy) incurred concerning their purchased Item.
Returns: Skriti may allow you to return an Item in limited circumstances. If the item you receive is not as described on the Service, then you may request a return by reporting the issue through the Service or by emailing email@example.com, in each case within three days after delivery (as determined by the tracking information on the Label) of the Item.
12. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, SKRITI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKRITI MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
SKRITI MAKES NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR THE ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.
13. Limitations on Liability
Skriti is not liable for (1) any Content posted on Our Services; (2) purchases, sales, or other obligations that may arise between Users; (3) any damages that result through Your use of Our Services; (4) any negative or critical comments that may be posted by other Users through the Services; (5) any of the Third Party Service(s) You may be provided according to Your use of the Services; (6) any third party personally identifiable information you upload or provide to Skriti under the Services (7) any cost of substitute goods or services.
You are solely responsible for your interactions with other users, including any purchase or sale transactions. You agree that Skriti will have no liability or responsibility concerning such interactions, purchases, or sales. Skriti reserves the right but is under no obligation to become involved in any dispute between you and another user.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SKRITI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT SKRITI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL SKRITI BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO SKRITI AS A SELLER IN THE LAST SIX (6) MONTHS, OR, (2) ONE HUNDRED U.S. DOLLARS (USD 100).
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CAN NOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, You may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
You agree to release, defend, indemnify and hold Skriti, its affiliates, and employees (collectively, “Indemnitees”) harmless from any legal claim or demand (including reasonable attorney fees) that arises from your actions (or inactions), Your use (or misuse) of our Services, Your breach of the Terms, or You and Your accounts infringement of someone else’s rights. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
15. Mobile Services
When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You agree that You are solely responsible for Your use of the Service on your mobile device and adherence to your wireless provider’s terms and conditions.
16. Apple-Enabled Software Applications
Skriti offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”). Concerning Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions outlined in these Terms, the following terms and conditions apply:
Skriti and you acknowledge that these Terms are concluded between Skriti and you only, and not with Apple and that as between Skriti and Apple, Skriti, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that violates of or is inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise conflict with, the App Store Terms.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iPhone OS Product that you own or control, as permitted by the Usage Rules outlined in the App Store Terms.
Apple has no obligation whatsoever to provide any maintenance or support services concerning the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever concerning the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Skriti’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Skriti and you acknowledge that Skriti, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringe that third party’s intellectual property rights, as between Skriti and Apple, Skriti, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints, or claims concerning the Apple-Enabled Software, they should be directed to Skriti by e-mail at firstname.lastname@example.org.
Skriti and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms concerning the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you concerning the Apple-Enable Software as a third party beneficiary thereof.
17.1 Governing Law
each party will comply with all laws, rules, and regulations applicable to this Agreement. This Agreement shall be governed by the laws of the State of California without giving effect to its principles regarding conflicts of law. All disputes shall be resolved exclusively in state or federal court in San Mateo County, California. You acknowledge that the Services are of United States origin and agree to comply with all export laws and regulations of the United States.
17.2 Dispute Resolution, Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY.
Skriti is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes please email customer support at email@example.com. Any unresolved dispute shall be settled by binding and confidential arbitration, notice of which must be sent by you to us, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If the resolution is not reached within sixty (60) calendar days you or Skriti may commence an arbitration proceeding. The arbitration will be conducted in a forum convenient to both parties, and if the claims involved total less than US$10,000, then will be conducted through document submission or telephonic hearing unless in-person arbitration is legally required. The arbitration shall be subject to the Federal Arbitration Act, or applicable binding arbitration in your jurisdiction. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes. If the value of the relief sought is USD 10,000 or less, at your request, Skriti will pay all Arbitration Fees. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to a VERY LIMITED REVIEW BY A COURT. Any claims brought by you must be bought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have the authority to award damages over the amount allowed by this Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Notwithstanding anything to the contrary herein, any change made to this Arbitration Agreement may be rejected by You within thirty (30) calendar days of such change, and in the event of such rejection, the terms of the original Arbitration Agreement language will apply.
17.3 Severability, Headings, Non-waiver
If any part of this Agreement infringes upon any law and is held by a competent court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be ineffective and severed from this Agreement and shall not invalidate nor affect the enforceability of any other part listed in this terms.
THIS AGREEMENT AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO CHANGE BY SKRITI AT ITS SOLE DISCRETION AT ANY TIME. Skriti may modify or discontinue the Service with or without notice. Skriti is not liable to you or any third party for any such modification or discontinuation. When changes are made to this Agreement, We will make a new copy of the Agreement available by posting on Our Site or through the Services. We will also update the "Last Revised" date at the top of the Agreement. If we make any material changes, and You have registered to use the Services, We may also notify you via email or through the Services. Changes will be effective immediately for new users and will be effective ten (10) days after posting notice of such changes on the Site for existing users. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.
We may suspend or terminate the Services or Your account at our discretion without explanation, notice, and liability to Skriti including removing and discarding any items or content within the Service, for any reason, though we will strive to provide a timely explanation. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You may terminate this Agreement by closing your account for the Service. Skriti will not have any liability whatsoever to you for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, success fees, warranty disclaimers, indemnity, and limitations of liability.
17.6 Export Controls and Laws
All Software and Services may be subject to export control laws in your applicable jurisdiction. You agree that you will not, and are solely responsible for any violation of, such export control laws. Download and use of software, including where you use it, is your responsibility and at Your own risk.
17.7 Electronic Communication, Documentation
When you use the Service or send e-mails to us, you are agreeing to communicate with us electronically. This Agreement and any other documents referenced herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding
You agree that we will provide notices and messages to you within the Services, or if required, via email or regular mail. You may provide Skriti notice and will be deemed provided once received by Skriti, addressed via mail to the address noted in the Questions, Comments section below.
17.9 Questions, Comments
18. Geographic Specific Provisions
18.1 Users in California
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence concerning Users in California:
18.1.1 California Civil Code
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.
18.2 Users in Canada
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence concerning Users in Canada:
The Arbitration Act, RSBC 1996, c. 55 (the “Act”) governs the interpretation and enforcement of the Arbitration Agreement, and any reference to the American Arbitration Association (“AAA”) is deemed replaced with the British Columbia International Commercial Arbitration Centre (“BCICAC”). If there is any inconsistency between the Arbitration Agreement and the Act, the Arbitration Agreement will prevail.
18.2.2 Governing Law
These Terms shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions, and you agree to the personal and exclusive jurisdiction of and venue in the provincial courts in Vancouver, British Columbia and waive any objection to such jurisdiction or venue.
18.2.3 Language of Terms
English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations.
18.3 Users in India
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence concerning Users in India:
Any discrepancies or grievances about content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below in writing or through email signed with the electronic signature to:
539 W. Commerce St., #3563, Dallas, TX 75208, United States
Any unresolved dispute shall be settled by binding and confidential mediation as permissible by applicable law.
18.3.3 Governing Law
These Terms and Conditions shall be governed by and construed by the laws of India without regard to the conflict of law provisions thereof. All claims, differences, and disputes arising under or in connection with or in relation hereto the Platform or Service, the Terms, or any transactions entered into on or through the Platform or Service shall be subject to the exclusive jurisdiction of the courts of New Delhi, India and you hereby accede to and accept the jurisdiction of such courts.
Skriti may provide forms and required fields to comply with Sellers obligations under metrology laws. Sellers are responsible for the accuracy of key metrology items such as country of origin, manufacturer name, sizing information, and any other relevant details that enable purchasers to make informed decisions before purchasing by the Legal Metrology Act and Consumer Protection Rules. The ultimate responsibility is on the Seller to correctly identify their items by all local laws and regulations.
18.3.5 E-Way Bill
For all items sold, Users agree to comply with local laws and regulations. Users are responsible for generating E-Way Bills and may incur certain regulatory or tax implications.
18.4 Users in Australia
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence concerning Users in Australia:
The ACICA Arbitration Rules govern the interpretation and enforcement of the Arbitration Agreement and any reference to the American Arbitration Association (“AAA”) are deemed replaced with the ACICA (“ACICA”). If there is any inconsistency between the Arbitration Agreement and the Act, the Arbitration Agreement will prevail.
18.4.2 Governing Law
These Terms shall be governed by the laws of New South Wales without regard to its conflict of law provisions, and you agree to the personal and exclusive jurisdiction of and venue in the courts of Sydney, New South Wales and waive any objection to such jurisdiction or venue.