This End User Licence Agreement (these terms or this EULA) sets out the terms of licence and use that apply to the application for use on mobile devices (such as mobile phones, tablets and other devices), including any updates to the application that we make available for download from any third party application store (Application).
These terms and conditions also apply to any of the services accessible through the Application, unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link. IF YOU ARE ACCESSING THE APPLICATION FROM THE UNITED STATES OF AMERICA, ADDITIONAL TERMS APPLY, INCLUDING AN ARBITRATION CLAUSE. PLEASE VISIT THE SECTION ENTITLED “ADDITIONAL TERMS FOR USERS IN THE UNITED STATES” THAT FOLLOWS THIS EULA.
The Application is provided by Sci-buy Limited and its subsidiaries and affiliates (we, us and our). We are a limited company, registered in England. Our registered company number is 07849223, and our registered office is at Sci-buy Ltd, 727-729 High Road, London, N12 0BP. Our VAT registration number is 126487204.
BY DOWNLOADING, INSTALLING, ACCESSING AND/OR USING THE APPLICATION, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU (AND, IF RELEVANT, ANY ORGANISATION ON WHOSE BEHALF YOU ARE ACTING). IF YOU ARE ACTING ON BEHALF OF ANY ORGANISATION, YOU CONFIRM THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THAT ORGANISATION. IF YOU (OR, IF RELEVANT, YOUR ORGANISATION) ARE NOT ELIGIBLE OR DO NOT AGREE TO ALL OF THESE TERMS (OR IF YOU DO NOT HAVE THE RIGHT TO BIND YOUR ORGANISATION), YOU ARE NOT PERMITTED TO ACCESS OR USE THE APPLICATION, AND YOU SHOULD NOT PROCEED FURTHER.
You must be at least 18 years old to use the Application. By agreeing to this EULA, you represent and warrant to us that (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organisation or company, the individual accepting this EULA on your behalf represents and warrants that he or she has the authority to bind you to this EULA and you agree to be bound by this EULA. In this EULA, unless the context otherwise requires, all further references to you (and your, etc) means both you as an individual user and also the organisation on whose behalf you are acting (if any).
We reserve the right to change the terms of this EULA from time to time by notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the Application. These terms and conditions were last updated on 9th February 2018.
We operate the Application as a marketplace platform where potential customers (Customers) can find suppliers of goods and/or services (Suppliers). Suppliers and Customers are, collectively and individually, referred to herein as Users. Users can use the Application to message and chat with one another and, if they so choose, agree orders for goods or services provided by the Supplier.
We are not a supplier or seller or any kind of agent or intermediary between Users, and we do not sell goods or services through the Application. Notwithstanding the foregoing, Customers may request us to correspond with Suppliers on their behalf, including by email or telephone. If you provide us with the contact information for any other User or third party, you hereby represent and warrant that such User or third party has consented to being contacted by us, and you hereby expressly consent to our contacting such User or third party on your behalf.
When Customers buy goods or services from a Supplier and they have communicated with through the Application, they purchase from the Supplier directly, not from us. Any purchases of goods or services between Users shall be on the basis of a contract between the Users alone and shall be subject to the terms and conditions agreed between them. We shall not be a party to that contract and we shall not be in any way responsible for the performance of that contract, for the quality or safety of any goods or services sold by the Supplier or for payment by any User. We do not provide any guarantee that any communications made between the Users will be received in a timely manner, or that they will be accurate, or that the communications will be correctly interpreted by each User. We shall have no liability to any User for any loss suffered by a User to the extent that it arises in connection with any communications which are or are not made via the Application.
All transactions between Users through the Application are deemed to be validly made by or on behalf of the relevant User, and we will have no liability for orders placed or supplied in error or by individuals who are not authorized by such User. In the event of a problem with any goods or services purchased by a Customer from a Supplier or payment from a Customer, all queries and disputes should be directed to the applicable User, not to us.
We do not endorse the goods or service made available by a Supplier, nor the credit worthiness or reliability of Customers. Any information provided by a User to another User is provided by the party concerned and we are not responsible for its accuracy or authenticity.
The Application may only be downloaded, installed, accessed or used on a device owned or controlled by you and running the relevant operating system for which the Application concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download and use the Application.
You and any of your personnel who use this Application on your behalf will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the Application to that device. You accept responsibility, in accordance with this EULA, for all access to, and use of, the Application by you and your personnel on any device, whether or not it is owned by you.
You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the Application may charge for internet access (including mobile data usage) on that device.
We may, from time to time, restrict access to certain features, functions or content of, or services accessible through, the Application to Users who have registered with us and provided their phone number. You are not obliged to register with us or provide your phone number or email address, but if you do not do so, you will be unable to use the applicable features, functions or content of, or access the applicable services through, the Application. You must ensure that any registration details you provide are accurate.
If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using the Application, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of this EULA or if any details you provide for the purposes of registering as a User prove to be false.
We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Application or that the Application will respond at a certain speed (since this depends on a number of factors outside our control). Save where you are in breach of the terms of this EULA, we may, at any time, give notice of not less than 1 week that your account or access to the Application is to be terminated.
You may only use the Application for the business purposes of your organisation, and only in accordance with this EULA (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, the Application and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.
Subject to the following sections, you may retrieve and display content from the Application on a computer or mobile device and store the Application in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of the Application and, where they apply, will be displayed on-screen or accessible via a link.
Except to the extent expressly set out in this EULA, you are not allowed to:
All rights granted to you under this EULA will terminate immediately in the event that you are in breach of any of the foregoing restrictions.
To do anything with the Application that is not expressly permitted by this EULA, you will need a separate licence from us. Please contact us, using the Contacting us details at the end of this EULA.
Certain third party platform providers with whose devices and/or operating systems the Application has been designed to be compatible oblige us to include certain additional provisions in this EULA. These are set out at the end of this EULA under Additional terms from third party platform providers as well as in the two separate documents additional third party terms for the iOS application and additional third party terms for the Android application. These provisions come from the relevant third party platform providers, not us.
Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the Application. We are not responsible for these stores or (with the exception of the Application) for anything provided by them and do not guarantee that they will be continuously available.
We license, but do not sell, to you the Application you download. We remain the owners of the Application at all times.
All intellectual property rights in the Application and in any content of the Application (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), other than User Content, are owned by us or our licensors. Except as expressly set out here, nothing in this EULA gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the Application or any content from the Application.
The Application may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the Application contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under this EULA, and you accept and agree to be bound by such Open Source Licence Terms. A copy of the source code for any Open Source Software contained in the Application and the relevant Open Source Licence Terms will be made available to you upon request.
You agree that downloading, installing, accessing and use of the Application that is made available for download free of charge is on an 'as is' and 'as available' basis and at your sole risk.
We reserve the right to change the design, features and/or functionality of the Application by making the updated Application available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated Application, but we may cease to provide and/or update content to prior versions of the Application and, depending on the nature of the update, in some circumstances you may not be able to continue using an Application until you have downloaded the updated version.
Where the Application makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the Application, with or without notice to you, if we need to do so for security, legal or, unless that content is part of a subscription you have paid for, any other reasons.
Whilst we try to make sure that content made available by the Application consisting of information of which we are the source is correct, you acknowledge that the Application makes content available which is derived from a number of sources – including from Users – for which we are not responsible. In all cases, information made available by the Application is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Except as expressly set out in this EULA, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Application and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the Application.
We cannot and do not guarantee that the Application or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the Application and its content.
The Application allows you to submit user-generated content (User Content) and also allows you to communicate that content, either to selected recipients or in public or semi-public areas, such as comments pages, chat rooms, message boards and messaging between Users and Suppliers (collectively User Content Areas). We do not control User Content submitted, nor are User Content Areas actively moderated. You are solely responsible for User Content as submitted by you and acknowledge that all User Content expresses the views of its respective authors, and not our views.
If you submit any User Content, you must:
Whilst we do not pre-screen User Content, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you and/or to close any discussion topic, at any time without notice to you.
Complaints about the content of any User Content must be sent to feedback at rekkiapp dot com and must contain details of the specific User Content giving rise to the complaint.
The Application may, from time to time, include links to external sites, which may include links to third party offers and promotions. These are included to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that links are includes to such external sites does not imply any endorsement of or association with their operators or promoters.
When you download the Application you may be asked whether you wish to share your contacts. By agreeing to share your contacts, your contact will be automatically informed that you are now using the Application and you and they will be able to see that each of your uses the Application.
Nothing in this EULA shall limit or exclude our liability to you:
Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed £100.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under this EULA.
All notices given by you to us must be given in writing to the address set out at the end of this EULA.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of this EULA is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on the terms of this EULA may be concluded in the English language only and that no public filing requirements apply.
These terms and conditions shall be governed by English law. Subject to the next paragraph, you agree that any dispute between you and us regarding them or the Application will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.
If the Application that you download, access and/or use runs on Apple’s iOS operating system:
The following additional terms (the Additional Terms) apply to our relationship with users of the Application located within the United States, and are hereby incorporated by reference into, and amend, the EULA. In the event of any conflict between these Additional Terms and the EULA, these Additional Terms will govern.
Introduction. The following language is added to the section entitled “Introduction”:
ARBITRATION NOTICE. Except for certain kinds of disputes described in the section entitled “Dispute resolution and arbitration,” you agree that disputes arising under this EULA will be resolved by binding, individual arbitration, and BY ACCEPTING THIS EULA, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
Intellectual property rights. The last paragraph of the section entitled “Intellectual property rights” is hereby deleted and replaced in its entirety with the following:
The Application may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source license terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the Application contains any Open Source Software, that element only is licensed to you under the relevant license terms of the applicable third party licensor (Open Source License Terms) and not under this EULA, and you accept and agree to be bound by such Open Source License Terms. A copy of the source code for any Open Source Software contained in the Application will be made available to you upon request. You can view the Open Source License Terms here.
Functionality and content. The last paragraph of the section entitled “Functionality and content” is hereby deleted and replaced in its entirety with the following:
Except as expressly set out in this EULA, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Application and, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND ARE HEREBY EXCLUDED, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE APPLICATION AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE APPLICATION ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOU OR ANYONE ELSE RELYING ON THE CONTENT OF THE APPLICATION.
WE CANNOT AND DO NOT GUARANTEE THAT THE APPLICATION OR ITS CONTENT WILL BE FREE FROM VIRUSES AND/OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS. IT IS YOUR RESPONSIBILITY TO IMPLEMENT APPROPRIATE INFORMATION TECHNOLOGY SECURITY SAFEGUARDS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS AS TO THE SAFETY AND RELIABILITY OF THE APPLICATION AND ITS CONTENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE APPLICATION AND YOUR DEALING WITH ANY OTHER APPLICATION USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE APPLICATION AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE APPLICATION) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
Digital Millennium Copyright Act. The following section is added after the section entitled “User content”:
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on or through the Application, you may contact our Designated Agent at the following address:
ATTN: Copyright Manager
727-729 High Road
London N12 0BP
Email: copyright at rekkiapp dot com
Any notice alleging that materials hosted by or distributed through the Application infringe intellectual property rights must include all of the following information:
Repeat Infringers. We reserve the right to terminate the accounts of, and remove User Content posted by, users that are determined by us to be repeat infringers of third party intellectual property rights. “Repeat infringers” are users with respect to whose User Content we have received three or more notices of alleged infringement of intellectual property rights that comply with the requirements set forth above within a 12 month period. We also may remove any User Content or terminate any user account at any time, and for any reason, in our sole discretion.
Indemnity. The following section is added after the section entitled “External links”:
To the fullest extent permitted by law, you are responsible for your use of the Application, and you will defend and indemnify us and our officers, directors, employees, consultants, affiliates, subsidiaries ,and agents (together, the Sci-Buy Entities) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Application; (b) your violation of any portion of this EULA, any representation, warranty, or agreement referenced in this EULA, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Our liability. The section entitled “Our liability” is deleted and replaced in its entirety with the following:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SCI-BUY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APPLICATION OR ANY MATERIALS OR CONTENT ON THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SCI-BUY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN THE SECTION REGARDING DISPUTE RESOLUTION AND ARBITRATION AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SCI-BUY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE APPLICATION OR OTHERWISE UNDER THIS EULA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO SCI-BUY FOR ACCESS TO AND USE OF THE APPLICATION IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THIS EULA THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS EULA. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE EULA. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Dispute resolution and arbitration. The following section is added directly before the section entitled “General”:
Generally. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, and except as described in the “Exceptions” section below, you and we agree that every dispute arising in connection with this EULA will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions above, nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (collectively, AAA Rules) as modified by this EULA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (Notice of Arbitration). Our address for Notice is: Sci-Buy Ltd, 727-729 High Road, London N12 0BP, England. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (Demand). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
Fees. If you commence arbitration in accordance with this EULA, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse we for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with the Application will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
Enforceability. If the class action waiver above is found to be unenforceable or if the entirety of this dispute resolution section is found to be unenforceable, then the entirety of this dispute resolution section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the section below will govern any action arising out of or related to this EULA.
General. The section entitled “General” is deleted and replaced in its entirety with the following:
You may not transfer or assign any or all of your rights or obligations under this EULA. We may assign or transfer this EULA or any rights or obligations hereunder at any time in our sole discretion.
All notices given by you to us must be given in writing to the address set out at the end of this EULA.
If we fail to enforce any of our rights, then that does not result in a waiver of that right.
If any provision of this EULA is found to be unenforceable, all other provisions shall remain unaffected.
This EULA may not be varied except with our express written consent.
This EULA and any document expressly referred herein, collectively, represent the entire agreement between you and us in relation to their subject matter.
This EULA shall be governed by the law of the state of New York without regard to its conflict of law principles. Subject to the section on “Dispute resolution and arbitration,” you agree that any dispute between you and us regarding this EULA or the Application will be resolved exclusively by the federal and state courts in New York County, New York.
Our App allows users to contact and converse with each other primarily for the purpose of ordering goods to be used in their business.
Our contact details are set out at the end of this policy. We are the controller in relation to the personal data processed in accordance with this policy (except where this policy explains otherwise).
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
We may process your personal data if:
We may process your personal data that we have either obtained from you, or obtained from somewhere else. Personal data which is not collected directly from you may be collected:
Personal data relating to you that we process may include:
Information that we obtain from you when you use our Apps may include:
Cookies and other technologies
A number of cookies and similar technologies we use last only for the duration of your web or app session and expire when you exit the App. Others are used to remember you when you return to the App and will last for longer.
We use these cookies and other technologies on the basis that they are necessary for the performance of a contract with you, or because using them is in our legitimate interests (where we have considered that these are not overridden by your rights), and, in some cases, where required by law, where you have consented to their use. Further details about the cookies we use are set out in the table below.
|Cookie||Name||Purpose and lawful basis||More information|
|Unique Identifier Cookie||_chat_key||This cookie allows us to uniquely identify a user in order to provide a tailored experience and recognise you when you return to the app.||Currently, this cookie is not being used to tailor your experience.|
|Device Unique Identifier Cookie||_rekki_auth_key||This cookie allows us to uniquely identify a device in order to defend ourselves against malicious attacks from particular devices and maintain availability for all users.|
We will use this information to:
We will use this information in our legitimate interests, where we have considered these are not overridden by your rights:
We confirm that we will not disclose to third parties that are not part of the chat any orders or chats that take place between users of the App in any way which would allow a user and/or the company they work for to be identified directly. This means that no user will be able to see what another user that is not part of the chat orders in a way that would link it directly to that user
We may however collect and distribute aggregated and anonymised information about users and any orders they place though the App. If we choose to do this we will ensure that no individual user or company can be directly identified from that data. It is important to note that the ‘direct’ reference is key. Someone can infer information by process of deduction, but we will not give it directly.
Where permitted in our legitimate interest or with your prior consent where required by law, we will use your personal information for marketing analysis and to provide you with promotional update communications.
You can object to further marketing at any time by changing your privacy settings in the App or by sending us an email to feedback at rekkiapp dot com.
We may share your personal data with:
We will disclose your personal information to third parties:
The data that we process in relation to you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA") that may not be subject to equivalent data protection law. It may also be processed by staff situated outside the EEA who work for us or for one of our suppliers.
We may transfer your personal information outside the EEA:
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Our website may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.
We retain personal data for as long as you have an account with us in order to meet our contractual obligations to you and for six years after that to identify any issues and resolve any legal proceedings. We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our services. You cannot be identified from aggregate information retained or used for these purposes.
You have the right under certain circumstances:
You may opt out at any time from allowing further access by us to your location data by changing the privacy settings on your device or by emailing us at feedback at rekkiapp dot com. You can also stop all information collection by un-installing the App. You may use the standard un-install processes as may be available for your mobile device.
Where the processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us.
You can also exercise the rights listed above at any time by contacting us at feedback at rekkiapp dot com.
If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority, (see here). The Information Commissioner is the supervisory authority in the UK and can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data.
Sci-Buy Limited and we are contactable at feedback at rekkiapp dot com.