This Agreement is effective on September 01, 2020 for current users and as of the first use of the Website or Services by new users. This Agreement is between you (the “user” or “you”) and Chumbani. Any user who is found to be in violation of the following Agreement and any other policies posted on the Website may be banned, at the sole discretion of Chumbani, from using the Website or any Services.
Introduction & Scope
If you have any questions, please contact us at: [email protected].
Changes to the Agreement and Additional Terms
WE MAY CHANGE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU AND AT OUR SOLE DISCRETION, AND YOUR CONTINUED USE OF THE WEBSITE OR ANY SERVICES AFTER SUCH CHANGES TO THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES ACCEPTANCE OF ALL SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THIS AGREEMENT WHEN USING THE WEBSITE OR OUR SERVICES.
Chumbani reserves the right to modify or terminate the Website and Service for any reason, without notice and at any time. Chumbani reserves the right to alter this Agreement or other policies at any time, so please review the policies frequently. If Chumbani makes a material change, then Chumbani will notify you here by posting updates to this Agreement or by means Chumbani deems appropriate. What constitutes a “material change” will be determined at Chumbani’s sole discretion, in good faith, and using common sense and reasonable judgment.
Chumbani is an online marketplace that allows users who comply with Chumbani’s policies to offer, sell, and buy certain goods within a fixed-price format. Other than the payment process, Chumbani is not directly involved in the transaction between buyers and sellers, unless you purchase from one of the in-house accounts managed by Chumbani. Outside of in-house accounts, Chumbani has no control over the quality, safety, morality, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to pay for items. Except as stated in Listing and Selling (see Section 4), Chumbani does not pre-screen users or the content or information provided by users. Chumbani cannot ensure that a buyer or seller will actually complete a transaction.
Legal ownership of items purchased on Chumbani is transferred by the seller to the buyer after a sale is completed. Chumbani does not transfer nor is it involved in the transfer of legal ownership of items from the seller to the buyer, except for items being sold from Chumbani in-house accounts.
Chumbani cannot guarantee the true identity, age, nationality, or other features disclosed in a user’s profile. Chumbani encourages you to communicate directly with potential transaction partners through the tools available on the Website or mobile application. You agree that Chumbani is a marketplace and as such is not responsible or liable for any content, including but not limited to data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Chumbani. You use our Services at your own risk.
Chumbani may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Our Services are only available to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. By using our Services, registering with our Website, or creating an account to use our Services, you represent and warrant that: (a) you are at least 18 years old, (b) you are located and reside in Israel or Germany; (c) all registration information you submit is accurate and truthful; and (d) if you are acting on behalf of a legal or business entity, you are authorized to bind that entity to the Agreement.
Additionally, our Services are not targeted towards, nor intended for use by, individuals under the age of 13. While listings on Chumbani’s Website may contain products for children, Chumbani sells only to adults, who can make purchases with a credit card or other permitted payment method. By using the Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account. In addition, you may not make a purchase from our Website unless you are at least 18 years of age.
Individuals under the age of 18 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the User and is responsible for any and all activities of any minors. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO A MINOR’S REGISTRATION WITH AND USE OF THE SERVICES AND WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.
You agree to comply with all laws including all laws applicable in the jurisdiction from which you are accessing the Website or any Services regarding acceptable content and online conduct. You are responsible for all applicable taxes. In addition, you must abide by our policies as stated in the Agreement and other policy documents available via hyperlink in this Agreement (as applicable to your activities on or use of the Services) as well as all other operating rules, policies, and procedures that may be published from time to time on our Website, each of which is incorporated herein by reference and each of which may be updated by Chumbani from time to time without notice to you.
In addition, some Services offered by Chumbani may be subject to additional terms and conditions circulated by Chumbani from time to time; your use of these Services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Account Information and Password
You acknowledge and agree that you are fully responsible for all activity, liability, and damage resulting from your failure to securely maintain your Chumbani account information and password. You acknowledge and agree that you will protect your account information and password, ensure this information is current and accurate, and bear full responsibility for any activities conducted through your account.
Your account information, particularly your email address and password, authenticates your identity as a Chumbani member, and Chumbani is entitled to act on any transaction instructions received from your account information, regardless of whether it is being used with authorization from you. You agree to notify Chumbani of any unauthorized use of your password or any breach of security. You also agree that Chumbani cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your user login and password information in combination to any other party other than Chumbani without Chumbani’s explicit written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Chumbani and withdraw funds from seller earnings, you must also provide and maintain valid payment information, such as valid credit card information or a valid PayPal account.
You may not transfer, sell, rent, assign, sublicense, or otherwise allow another party to access or use your Chumbani account. You are responsible for all activity of the user account and user ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service
Our Services are not available to temporarily or indefinitely suspended Chumbani users. Chumbani reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Chumbani reserves the right to refuse service to anyone, for any reason, at any time.
Joining and setting up a new account on the Website and Services is free. However, Chumbani charges sellers a sales commission calculated as a percentage of the sale price of a completed transaction on the Website and Services. When you spend your earnings on Chumbani, the Chumbani commission is 20% and for in-house accounts 50%. We may temporarily change our fees or reduce fees for our Services for promotional events (for example, reduced seller commission days); such changes are effective when Chumbani posts the temporary promotional event on the Website or features the promotional event in our mobile application. Additionally, Chumbani may change some or all of our Services at any time, without notice and at our sole discretion, and any changes to our fees are effective upon the posting of such changes. Chumbani also reserves the right to cancel any promotion, discount, coupon, or similar incentive before its originally stated expiration date. In the event Chumbani introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees and applicable taxes associated with using our Website and our Services in a timely manner with a valid payment method.
Fees and Termination
If Chumbani terminates a listing or your account, if you close your account, or if the payment of your Chumbani fees cannot be completed for any reason, you remain obligated to pay Chumbani for all unpaid fees plus any interest or other charges, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel or charging any payment method associated with your account). If you have a question or wish to dispute a charge, please email Chumbani at [email protected].
You may list and sell used women and children’s fashion and accessories (such as clothing, shoes, handbags, and jewelry) on the Website or on our mobile applications. You may not list or sell designer replicas or derivatives, including but not limited to items that are counterfeit, inauthentic, or not manufactured for retail sale by the designer whose name, logo, trademark, or design is represented in or on the item.
By listing an item for sale on the Website or any Services, you warrant and represent that (a) you are in compliance with all aspects of this Agreement and applicable laws, including in respect of all items; (b) you have the legal right to sell the item and to post all of the descriptions, graphics, photos, images and any other content related to your listing of the item; (c) the description and depiction of the item, including but not limited to any damage, size or measurements, are complete, truthful, and accurate; (d) the item is listed in the appropriate category; (e) the item is not priced significantly over a reasonable market price; (f) a reasonable market price can be determined for custom made or non-branded items; and (g) the item does not have significant wear, rips, tears, discoloration, odor or broken hardware or components. Your listings may only include text descriptions, graphics, photos, images, and other content relevant to the sale of that item. All items must be listed in an appropriate category with relevant tags. Each unique item must have its own listing. In addition, certain items may be prohibited or restricted; you also need to make sure the sale of your item complies with all laws. If your listing does not comply, it may be removed. Please note that at this time only users based in Israel and Germany are eligible to list or sell on the Website or any Services.
In addition, Chumbani reserves the right to designate certain items as Final Sale (including but not limited to clearance) where no returns are accepted for Chumbani Site Credit. The sale of any items outside of women and children’s fashion categories is prohibited (including but not limited to intimates, technology equipment and accessories, household goods, men’s clothing/shoes/accessories) and is not covered by our Return Policy http://stage.chumbani.shop/returns-cancellations/.
All sales are binding. The seller is responsible for accurately listing their items, and the buyer is responsible for reading the item description before making a purchase. The seller is obligated to ship the order to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance. The buyer is obligated to deliver the appropriate payment for items purchased, unless there is an exceptional circumstance. Our Cancellation Policy is available via the following link: http://stage.chumbani.shop/returns-cancellations/
If you do not complete a sale or purchase, your account and all listings may be suspended and removed from the Website and any Services at Chumbani’s sole discretion. You may request your account and listings be reinstated, which Chumbani may do in its sole discretion.
The price stated in each item listing description must be an accurate representation of the sale price. Sellers may not alter the item’s price after a sale for the purpose of avoiding Chumbani transaction or commission fees, misrepresent the item’s location, or use another user’s account without permission.
Offers to buy or sell outside of the Website or Services are a potential fraud risk for both buyers and sellers and are not protected by the Agreement or other buyer/seller protection programs. Additionally, these offers may be an attempt to avoid Chumbani transaction fees. This is unfair to other sellers, violates the Agreement, and will result in account termination. You may not exchange personal information or engage in any other activities to transact with another in any manner to avoid any transaction fee or the Chumbani Secure Checkout process. You may not manipulate the price of any item or fees owed to Chumbani when using the Website or any Services.
When you sell an item on Chumbani, Chumbani will handle the shipping from you to the buyer. Shipping costs will be shared 50-50 between the buyer and Chumbani to be calculated based on Chumbani’s actual shipping costs.
Third-Party Service Providers
Chumbani has engaged third-party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.
Chumbani has partnered with licensed payment processors to facilitate credit card/ACH payments and the disbursement of funds to sellers. The provider and processing time for your payment may vary. If there are insufficient funds in your bank account or insufficient credit available when our provider processes the payment for your purchase or to recoup fees or balances due to Chumbani, Chumbani reserves the right to contact you directly to seek payment.
Chumbani may share your personal or transactional information with those third-party service providers when it’s necessary to process payments.
Upon completing a sale, sellers will have access to the buyer’s full physical address. As a seller, you are strictly prohibited from using this personal information for anything other than completing the sale.
In order to cash out seller earnings, you are required to verify your identity. This verification helps Chumbani to maintain a safe place to buy and sell. At any time, Chumbani may require a seller to re-verify his or her identity. This information is transmitted securely and will not be stored by Chumbani.
By using a third-party service, you may also be subject to an agreement with the third-party.
If Chumbani receives notice that your listings or activity violates any third-party service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include canceling a transaction, removing listings, or suspending your account.
Chumbani’s Resale of Returned Items
When you return an item purchased on the Website or using our Services for any reason other than due to the item being damaged, counterfeit or not as described by the seller, buyer will pay for the return shipping fees to Chumbani, Chumbani credit the buyer in full for the purchase of the item with site credits and will charge the seller for its earnings on such sale. In such case, Chumbani will relist and resell it on one of Chumbani’s in-house accounts and seller shall receive the earnings of such sale, based on the in-house accounts commissions set forth above. In the event the item is returned due to it being damaged, counterfeit or not as described by the seller, the buyer shall receive full site credits and the seller shall be required to cover shipping costs to Chumbani and to return to Chumbani its earnings from such sale. . During special promotions, some items from Chumbani’s in-house accounts may be marked Final Sale or Non-returnable.
When purchasing an item, you agree that: (a) you are responsible for reading the full item listing before committing to purchase; (b) you enter into a legally binding contract with the seller to purchase his or her items when you commit to purchase the item; and (c) Chumbani is not a party to the contract and does not transfer legal ownership of the item from seller to you (unless you have purchased an item from one of Chumbani’s in-house accounts).
You may submit items (including images, artwork, text, graphics, logos, and similar items) in connection with the Website or Services (“User Submissions”).
Chumbani does not claim ownership rights of User Submissions. You grant Chumbani a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, fully paid-up license to use, reproduce, create derivative works of, excerpt, reformat, distribute, perform, and display the User Submission (in whole or part) and to incorporate the User Submission in other works in any form, media, or technology now known or later developed, including without limitation (a) on the Website (including a mobile version of the Website); (b) on any application designed or developed to allow others to view your User Submission; (c) in materials created to promote the Website or any Services and their contents, and (d) in connection with online and offline events conducted in connection with the Website or Services.
You represent and warrant that the User Submission (a) is your own original work and you own all rights in the User Submission or that you have all rights in the User Submission necessary to grant the license to the User Submission contained in this Agreement; (b) will not violate any third party rights, including any third party intellectual property rights, privacy rights, moral rights, or other proprietary rights; (c) does not violate any law or regulation; and (d) does not contain any virus or other malicious software, including any software which could interfere with the performance of the Website or Services or collect user data from users of the Website or Services.
Re-Posting User Submissions
By posting User Submissions on Chumbani, it is possible for an outside website or a third party to re-post your User Submissions. You agree to hold Chumbani harmless for any dispute concerning this use. If you choose to display your own Chumbani-hosted image on another website, the image must provide a link back to its listing page on Chumbani.
Ideas & Feedback
Chumbani considers any unsolicited ideas, suggestions, proposals, feedback, or any other materials submitted to the Company via the Website or Services to be non-confidential and non-proprietary. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, business models or plans, or other information about the Website or Services (“Ideas & Feedback”) provided by you to Chumbani are non-confidential. Any communication by you to Chumbani is subject to this Agreement, and Chumbani shall be entitled to the unrestricted use and dissemination of the Ideas & Feedback for any purpose without acknowledgment or compensation to you. Chumbani shall not be liable for the disclosure or use of any Ideas & Feedback. You acknowledge and hereby grant to Chumbani, under all of your rights in the Ideas & Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, modify, publish, display and exploit such Ideas & Feedback for any purpose Chumbani chooses, commercial or otherwise, including but not limited to incorporating it in future products or new services, documentation, or any other method, without notice or compensation to you and without further recourse by you.
You are solely responsible for your conduct and activities on the Website and interactions with Chumbani or Chumbani’s Services, and all User Submissions that you submit, post, and display on Website or Services.
Without notice, Chumbani reserves the right to remove, block access to, or otherwise make unavailable any User Submission or other content that is (a) in violation of the Agreement; (b) the subject of a court order or request from a governmental agency or law enforcement; or (c) otherwise unlawful, unethical, immoral, or improper for the Chumbani community, as determined by Chumbani in its sole discretion. Further, we may block users that repeatedly violate the Agreement or engage in other behavior necessitating a removal of a User Submission.
User Submissions and your use of Chumbani shall not:
In the event of a replica or misrepresented listing, Chumbani will pull funds from the seller if the seller has already cashed out seller earnings from that sale. Chumbani reserves the right to designate certain items as Final Sale or Non-Returnable. Furthermore, you may not list any item on Chumbani (or consummate any transaction that was initiated using our Services) that could cause Chumbani to violate any applicable law, statute, ordinance, regulation, or that violates this Agreement.
As a security measure, we may impose transaction limits on buyers and sellers. For example, we may impose limits relating to the value of any transaction, or adjustments, relating to the cumulative value of all transactions or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a seller nor a buyer if we do not proceed with a transaction or adjustment that would exceed any limit established by us, or if we cancel a transaction due to unverified buyer or seller information.
Chumbani does not control the User Submissions provided by users that are made available on the Website and Services. You may find some User Submissions to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
By using the Website and Services, you agree to accept such risks and that Chumbani (and Chumbani’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Chumbani. Please use caution, common sense, and practice safe buying and selling when using Chumbani.
Chumbani is not responsible for the availability of outside websites or resources linked to or referenced on the Website or Services. Chumbani does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Chumbani shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
You may cancel your account at any time by contacting our team at: [email protected]. As per Section 3 on Fees, you are responsible for paying any fees owed to Chumbani upon termination of your account.
Chumbani may restrict, suspend, or terminate your use of or access to the Website or Services, without notice or liability to you and in its sole discretion, and without refunding any fees, if Chumbani suspects (by information, investigation, conviction, settlement, or otherwise) that (a) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of this Agreement; (b) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of any Chumbani policy; (c) your activities on or in relation to the Website or Services may violate applicable law; (d) you are unable to verify or authenticate any of your personal information or User Submissions; (e) you have failed to pay a fee; (f) you may cause legal liability or financial loss to Chumbani’s users or to Chumbani; (g) you have submitted an unreasonable amount of return requests; or (h) for any other reason at any time. This includes cancelling any unverified accounts or inactive accounts, warning Chumbani’s community of a user’s actions, temporarily or indefinitely suspending a user’s account privileges, terminating a user’s account, or prohibiting access to the Website or Services, and taking technical or legal steps to keep a user off the Website and refusing to provide Services to a user. Further, any suspected fraudulent, abusive, or illegal activity, including violations of the Agreement and any additional Chumbani policy, may be referred to appropriate law enforcement authorities or other third parties.
Chumbani reserves the right to suspend and/or terminate a user’s account or any accounts held by that user by virtue of association, including all usernames under which that user operates on the Website or Services.
All content on the Website and Services is owned by or licensed to Chumbani. Subject to the Agreement, Chumbani grants to you a non-exclusive, non-transferable, non-sublicensable license to access and view the Website and Service and to make a reasonable number of copies of the content on the Website and services solely for your own personal and non-commercial use. All rights not expressly granted herein are reserved to Chumbani and its licensors. Other than as expressly provided above, you may not display, reproduce, distribute, modify, sell, or otherwise use any materials or content on the Website or Services, and all such content is provided on an AS IS basis.
The trademarks, logos, service marks, trade names, graphics, page headers, button icons, scripts and other designs that are displayed on the Website and Services are owned by Chumbani and/or its affiliates or their third-party licensors and may not be used unless authorized by the trademark owner. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Chumbani’s Trademarks displayed on the Service, without our prior written permission in each instance. Chumbani’s intellectual property may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. All goodwill generated from the use of Chumbani intellectual property will inure to our exclusive benefit.
Chumbani respects the legal rights of others and complies with the Digital Millennium Copyright Act and equivalent laws in the jurisdictions in which the Website and Services are available. It expects you to do the same. If you believe another user has violated the Agreement or your intellectual property rights, please complete the following procedure.
Verified Rights Owners Program (VRO): To enforce the intellectual property rights of owners, Chumbani engages in a Verified Rights Owners program that allows owners to request Chumbani to remove certain listings that offer items or contain images or other materials that infringe on their intellectual property rights. These rights can include trademark, copyright, and/or other legal rights. For example, a Verified Rights Owner may ask Chumbani to remove an item being sold that uses the rights owner’s registered trademark (such as a logo on a designer handbag) if the item is not an authentic product of the rights owner. This VRO program helps protect Chumbani members from buying or selling items that may be replica or otherwise unauthorized under applicable laws. Before a listing is removed, a Verified Rights Owner must provide to Chumbani information that ensures that the person or company reporting the item is authorized to do so. If a Verified Rights Owner believes a listing violates their intellectual property rights, please provide Chumbani with a written notice containing (where applicable) the following information:
Written notice should be delivered to Chumbani at: [email protected].
If a copyright notice is received by Chumbani’s Copyright Agent, Chumbani may send a copy of the notice to the user who posted the material at issue.
If your item is reported, you may receive an email notifying you that a Verified Rights Owner participant requested your listing to be removed from the Website or Services. We require the rights owner to provide us with an email address so you can contact them directly for more information about why your listing infringes their intellectual property rights. You can find the Verified Rights Owner’s email address in the email you received when your listing was removed.
At Chumbani’s sole discretion, users who infringe on intellectual property rights of Verified Rights Owners will have their user accounts and/or access to the Services removed or disabled. If Chumbani disables or removes your user account, or any content or other materials you have posted, and you believe this was done in error, please forward a written notice stating the same and providing any supporting documentation necessary to establish your rights to the agent referenced above.
If you have concerns or questions about why your listing was reported or removed, please contact the VRO participant directly using the email address we provided.
You can also contact our customer support team at [add email address] if the Verified Rights Owner has not replied after 10 days or if you have any other questions.
If your material has been removed, disabled, or otherwise restricted due to a copyright infringement notification, and you believe that your material is not infringing or you were authorized by the copyright owner, the copyright owner’s agent, or pursuant to the law to post and use the material, you may send a counter-notice containing the following information to Chumbani’s Agent for Infringement Claims:
If a counter-notice is received by our Copyright Agent, Chumbani may send a copy of the counter-notice to the original complaining party informing it that we may replace the removed material or cease disabling it in the next 30 business days at our sole discretion unless the original complaining party files an action seeking a court order against Chumbani or the applicable member/user.
Chumbani is not involved in the actual transaction between Buyers and Sellers unless you purchase from one of the in-house accounts managed by Chumbani. While Chumbani may help facilitate the resolution of disputes through various programs, and may provide guarantees which are backed by the Chumbani Return Policy, we have no control over and do not guarantee: (a) the existence, quality, safety, or legality of items advertised; (b) the truth or accuracy of users’ content or listings; (c) the ability of Sellers to sell items; (d) the ability of Buyers to pay for items; (e) that a Buyer or Seller will actually complete a transaction or return an item; (f) the legal transfer of item from the Seller to the Buyer; or (g) that a buyer or seller will actually complete a transaction. Chumbani reserves the right to return any sold item to any seller at any time, and to restrict or clawback seller earnings for any item returned to the seller.
Rather, our goal at Chumbani is to maintain our Website, Services, and related tools, in a manner that is safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our Website, Services, or tools. You further acknowledge that operation of and access to our Website, Services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our Website, Services, and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law: WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHUMBANI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF USE, LOSS OF DATA, INTANGIBLE LOSSES, OR ANY DAMAGES, LOSSES OR EXPENSES THAT MAY NOT FAIRLY AND REASONABLY BE CONSIDERED TO ARISE DIRECTLY AND NATURALLY, THAT IS ACCORDING TO THE USUAL COURSE OF BUSINESS, FROM BREACH OR OTHER ACT OR OMISSION RELATING TO THE WEBSITE, SERVICES, OR AGREEMENT GIVING RISE TO THE RELEVANT LIABILITY (EVEN IF CHUMBANI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO YOUR USE OF THE SERVICES OR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY ACTION RELATED TO THE WEBSITE OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR GUARANTEES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY WARRANTY OR GUARANTEE CANNOT BE EXCLUDED, CHUMBANI’S LIABILITY FOR BREACH FOR SUCH WARRANTY OR GUARANTEE IS LIMITED (AT CHUMBANI’S ELECTION): (A) IN THE CASE OF GOODS, A REFUND, REPAIR, OR REPLACEMENT OF THE GOODS OR PAYMENT OF THE COST OF REPAIR OR REPLACEMENT OF THE GOODS; (B) IN THE CASE OF SERVICES, THE RESUPPLY PAYMENT OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.
IF CHUMBANI IS FOUND LIABLE TO YOU OR ANY THIRD PARTY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SUCH LIABILITY IS LIMITED TO THE GREATER OF (A) THE PRICE THE ITEM SOLD ON THE WEBSITE OR SERVICES (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS; (B) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO CHUMBANI IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (C) $100 USD.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree to defend, indemnify, and hold harmless Chumbani and its affiliates, and their directors, officers, employees, parents, subsidiaries, stockholders, and agents, from and against all claims, demands, liabilities, costs, taxes, losses, and expenses, including reasonable attorneys’ fees, arising from your use of the Services or Website or your breach of the Agreement, including any dispute with another user, the collection, payment or failure to collect or pay taxes if applicable, or claim from a third party. Chumbani may elect to assume the defense and control of such claim and, in such case, you agree to cooperate with Chumbani in the defense of such claim and to reimburse Chumbani for all reasonable expenses and fees incurred in the course of defending such claim.
Chumbani does not guarantee continuous, uninterrupted access to the Website or Services, and operation of the Website or Services may be interfered with by numerous factors outside Chumbani’s control.
In the event a dispute arises between you and another user or a third party, Chumbani encourages you to contact the user or third party to resolve the dispute amicably.
Chumbani reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Website or Services. If you have a dispute with one or more users, you release Chumbani, its affiliates and subsidiaries, and its respective officers, directors, employees, and agents from claims, demands, and damages for every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with one or more users, or an outside party.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Website and Services. The amount of taxes applicable to your purchase includes state and local taxes and is calculated based on the type and cost of the item purchased, as well as the delivery address and/or location of the seller.
Taxes are not included in the seller’s listing price, however, all applicable taxes are disclosed prior to confirmation of any purchase made on the Website and Services.
Where legally required or permitted to do so, Chumbani shall automatically calculate, collect and remit taxes on behalf of sellers for purchases made on the Website and Services and shipped to locations in the United States. If for any reason Chumbani is unable to submit the taxes collected on behalf of a seller in a particular jurisdiction, Chumbani shall provide such seller with the collected taxes and seller shall be responsible for submitting the taxes to the applicable authority responsible for administering the tax. Sellers are responsible for collecting, reporting, and paying all taxes other than those taxes that Chumbani automatically calculates, collects and remits on behalf of sellers according to these terms and applicable law.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Chumbani are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Sections 3 (Fees), 4 (Listing and Selling), 6 (User Submitted Content, License). 8 (Information Control), 9 (Termination), 10 (Personal Information and Privacy), 11 (Chumbani’s Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (No Guarantee), 18 (Disputes with Other Users), 20 (Severability), 21 (No Agency), and 24 (General Terms) shall survive any termination or expiration of this Agreement.
Unless expressly provided elsewhere in the Agreement, any notice, demand, claim, or communication related to the Agreement may be provided by electronic mail transmission: [email protected].
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid, or 72 hours after delivery by mail or courier. The parties agree that service of process and service of a summons related to any disputes arising under this Agreement between the parties can be served via this notice provision.
This Agreement, and any rights and licenses granted hereunder, may not be transferred, assigned, or sublicensed by you without Chumbani’s express written consent. On the other hand, Chumbani may assign, sublicense, or otherwise transfer any rights or licenses under the Agreement, without restriction and without prior notice to you.
Following termination of this Agreement and/or your commercial relationship with Chumbani, any term of the Agreement logically extended beyond such termination shall survive to the fullest extent necessary to allow you and Chumbani to enforce any rights obtained or obligations incurred hereunder.
No term or provision of this Agreement is meant or intended to benefit any third party.
You agree that this Agreement will be governed by the laws of the State of Israel without regard to conflicts of law principles and you submit to the exclusive jurisdiction of the applicable Courts in Tel-Aviv Jaffa for all matters related to this Agreement.
This Agreement represents the entire agreement and understanding between you and Chumbani and it supersedes any other agreement or understanding (written, oral or implied) between you and Chumbani. No other agreements, promises, representations, or understandings shall be binding upon Chumbani with respect to the Website or Chumbani’s Services unless contained in this Agreement, or separately agreed to in writing and signed by an authorized representative of Chumbani.
Neither you nor Chumbani will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
If any part of this Agreement shall be determined to be illegal, invalid, or unenforceable: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the parties; and (b) the remaining parts of the Agreement shall be deemed valid and enforceable, so long as the remaining parts continue to fulfill the original intent of the parties.
Updated: October 01, 2020