1. Accepting These Terms

This document and the other documents that we reference below make up our Terms of Use referred to as “Terms” throughout this document.

The Terms are a legally binding contract between you and SAKANTO (referred to throughout as “SAKANTO”).

By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use SAKANTO.com and the other services provided by SAKANTO, referred to as “Services” so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

2. Your Privacy

Your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

Both SAKANTO and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not SAKANTO, will be responsible for that unauthorized disclosure.

If, however, SAKANTO and sellers are found to be joint data controllers of buyers’ personal information, and if SAKANTO is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify SAKANTO for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification for your indemnification obligations to SAKANTO.

3. Your Account

In order to use our Services, you will need to create an account. Please read the Terms below in regards to your accounts with SAKANTO:

  1. You must be 18 or older to use our Services. Otherwise, if you are 13 or older, you may only use our Services under the supervision of a parent or legal guardian who manages your account. Children under 13 are not permitted to use SAKANTO or our Services.
  2. Provide accurate information about yourself, we will not tolerate the use of false information or impersonation of another person or company through our account.
  3. You may not use language that is offensive, vulgar, intimidating or infringes someone’s intellectual property rights, or otherwise violates the Terms. Please choose your profile name and picture accordingly.
  4. You’re solely responsible for any activity on your account. If there is more than one person managing the account then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
  5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
  6. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and SAKANTO.

4. Your Content

Content that you post using our Services is your content (referred to as “Your Content”), this includes anything you post using our Services.

  1. You and only you are responsible for your content. You must understand that you are solely responsible for your content and you are sure that you have all the necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
  2. You permit SAKANTO to use Your Content. By posting Your Content through our Services, you grant SAKANTO a license to use it. We will not claim any ownership of Your Content but we do have your permission to use Your Content to support the growth and functionalities of SAKANTO. We won’t infringe any rights you have in Your Content and we can also help promote your stuff.
  3. Rights You Grant SAKANTO. By posting Your Content, you grant SAKANTO a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote SAKANTO, your SAKANTO shop, or the Services in general, in any formats and through any channels, including across any SAKANTO Services or third-party website or advertising medium.
  4. The Reporting of Unauthorised Content. At SAKANTO we are committed to following the appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please report it using the Report this product/item feature. If Your Content infringes another person’s intellectual property rights, we will remove it and we will then notify you if that happens.
  5. Inappropriate, False, or Misleading Content. There are certain types of content that we do not want to be posted on SAKANTO’s Services. This is not only for legal reasons but for preserving SAKANTO community. You agree that you will not post ANY content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Forbidden Items Policy or any part of our Terms. You also agree not to post any content that is false and misleading or use the Services in a manner that is fraudulent or deceptive.

5. Your Use of Our Services

License to Use Our Services.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:

  1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not and don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against SAKANTO, another SAKANTO user, or a third party.
  2. Pay Your Bills. You are responsible for paying all fees that you owe to SAKANTO. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
  3. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
  4. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  5. Giving Feedback. We welcome your views with open arms, SAKANTO was created for you so your ideas and feedback are invaluable to us. Any unsolicited ideas or other materials you submit to SAKANTO (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  6. Paperless Policy. SAKANTO will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications pledge. This means we will send you information electronically instead of mailing you paper copies and that your electronic agreement is the same as your signature on paper.

6. Fee Avoidance

It is strictly prohibited for our sellers to carry out any action that could be considered fee avoidance. This includes, for example, directing and/or encouraging buyers to purchase an item in your shop through any other venue. If a transaction is initiated on SAKANTO it must not be completed away from SAKANTO. The use of external links on your publications is permitted as long as they don’t direct to a website where the same items listed in SAKANTO can be purchased.  The price of each listing described must be an accurate representation of the sale and sellers must not charge excessive shipping fees. Sellers may not change or alter the price of the item after a sale for the purpose of avoiding fees, misrepresent the item’s location or use another user’s account without permission.

7. Termination

Termination by you. 

You may terminate your account with SAKANTO at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination and you will still be liable to pay any outstanding bills.

Termination by SAKANTO. 

We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. SAKANTO may refuse service to anyone, at any time, for any reason.

If you or SAKANTO terminate your account, you may lose any information associated with your account, including Your Content.

We have the right to discontinue the services. 

SAKANTO reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. 

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8. Warranties and Limitation of Liability

Items that you purchase. 

You understand that SAKANTO provides a venue and does not manufacture, store, or inspect any of the items sold through our Services. All items in our marketplace are produced, listed, and sold directly by independent sellers, so SAKANTO can’t and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release SAKANTO from any claims related to items sold through our Services, including defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content that you access. 

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. SAKANTO is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

The people you interact with. 

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-party services. 

Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. SAKANTO is not a party to those agreements; they are solely between you and the third party.

Promotions.

By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

Warranties. 

SAKANTO is dedicated to making our Services the best they can be, but you understand that sometimes things go wrong. You acknowledge that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability limits. 

To the fullest extent permitted by law, neither SAKANTO, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall SAKANTO’s aggregate liability for any damages exceed the greater of one hundred (100) British Pounds or the amount you paid SAKANTO in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

9. Indemnification

We hope this never happens, but if SAKANTO gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend SAKANTO (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

10. Disputes with Other Users

If you find yourself in a dispute with another user of SAKANTO’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. SAKANTO has no obligation to resolve any disputes.

Release of SAKANTO. You release SAKANTO from any claims, demands, and damages arising out of disputes with other users or parties.

11. Disputes with SAKANTO

If you have an issue please contact SAKANTO and hopefully we will be able to resolve this. For matters regarding unresolved disputes with SAKANTO, we recommend that you go to your local jurisdiction to seek advice.

12. Changes to the Terms

We may update these Terms from time to time. We will notify you of any changes to our material by doing one or more of the following things: (i) Sending you an email or message about the changes (ii) posting a notification through our Services. Changes will be effective upon the posting of the changes and you are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

13. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and SAKANTO regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

 

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