Terms and Conditions
Effective Date: August 8, 2024
Last Updated: August 8, 2024
Welcome to Spoil Me, the website https://spoil.me and the mobile application, including any products and services related to it (”Platform”), of Spoildotme Ltd, a limited liability company registered in Cyprus, registered office is at Griva Digeni, 51, ATHINEON COURT, Flat/Office 202, 8047, Paphos, Cyprus, registered number HE 446803 (“Spoil Me”, “we” or “us”).
These Terms and Conditions (“Terms”) apply to all visitors, users, and others who access or use Spoil Me (“Users”). By accessing or using Spoil Me or otherwise indicating your acceptance (e.g. by clicking tick-box or bottom “agree” or “continue”), you agree to be bound by these Terms and to the collection and use of your information as set forth in the Privacy Policy (which is incorporated by reference and constitutes a part of these Terms), whether or not you are a registered user of Spoil Me.
PLEASE CAREFULLY READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER APPLICABLE TO THE U.S. USERS ONLY IN SECTION 20. IT AFFECTS HOW DISPUTES ARE RESOLVED BETWEEN YOU AND SPOIL ME AND INFORMS YOU OF YOUR OPT-OUT RIGHTS.
GENERAL
Spoil Me Service
Spoil Me is a wishlist Platform that facilitates for online content creators receipt of gifts from their fans. (”Spoil Me Services” or “Services”)
Definitions
“User“ means any visitor, user, and other person who access or use Spoil Me;
“Creator” means a User who has registered an account on Spoil Me Services to create a wish list of items for their fans to be purchased as gifts;
"Fan" is the User who sponsors the purchase of the gift from Creator`s wishlist;
”Partner Marketplace” is a third -party merchant that has a relationship with Spoil Me and its products and services for sale are integrated directly to Spoil Me Services; and
"Gift" is a Gift Fund contributed by a Fan, and an item purchased by a Creator using the Gift Fund, through or outside Spoil Me Services.
“Gift Fund” the monetary value of the item in their wishlist.
“Third-party Vendor”: a non-partner, unverified vendor chosen by the Creator to purchase a Gift.
“Crowdfund Gift” Gift that Creator choose to be contributed by several Fans.
Access to Spoil Me Services
General age limitation. You are not permitted to access or use the Services unless you are at least 13 years old. By using our Service, you confirm that you are at least 13 years old. If you are a parent or guardian and believe we have collected information from your child who is under the age of 13, please contact us at [email protected].
Any registration by, use of or access to the Services by anyone under 13, or by anyone who is under 18 acting without parental or guardian consent, is unauthorized, unlicensed and in violation of these Terms.
IF YOU ARE AT LEAST 13 YEARS OLD BUT UNDER 18 YEARS OF AGE, YOU AGREE THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS, AND YOU CAN FORM A BINDING CONTRACT WITH SPOIL ME.
Age limitation for EEA/UK individuals. If you are EEA/UK individual, you must be at least 16 years old in order to use the Services. We do not allow use of Services by EEA individuals younger than 16 years old. If you are aware of any EEA/UK individual younger than 16 using Services, please contact us by e-mail: [email protected], and we will take the required steps to delete the information provided by such persons.
Some features and functions of the Services are only available to users over the age of 18 years. We reserve the right to deny the creation of any Account or limit the availability to users under the age of 18 of certain content in the Services, in its sole discretion.
All or part of the Service may not be available to Users from certain countries for technical reasons or due to local regulations. We reserve the right to deny access to the Service to any person who is prohibited from receiving such access based on any applicable sanctions or embargoes laws.
CHANGES TO THESE TERMS
We may make changes to these Terms at any time, including, for example only, in order to: (a) comply with any changes to the law or regulations that apply; (b) to reflect any technical changes, such as to respond to security breaches; or (c) deal with changes to Users’ needs and changes to our business. You should check these Terms each time you access the our Services to ensure you understand the terms that apply at that time. We will try to give you notice of any major changes. If you do not agree to any changes to these Terms that we may make, do not use the Services. In addition, you may close your account on [email protected].
GRANT OF LICENCE
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for personal purposes and as permitted by the features of the Service. Spoil Me reserves all rights not expressly granted herein in the Service and may terminate this license at any time for any reason or no reason. This license is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else) and does not provide you with any ownership rights in connection with our Service.
INTELLECTUAL PROPERTY
All rights, titles, and interests in and to Spoil Me and the Service, including All rights, titles, and interests in and to Spoil Me and the Service, including our website, applications, and other parts of the Service (but excluding User Content) are and will remain the exclusive property of Spoil Me protected by copyright. The use of the Spoil Me trademarks, logos, domain names, and other distinctive brand features is prohibited. By submitting any feedback or suggestions regarding the Service, or sharing such feedback with us, you grant to us an unlimited, irrevocable, perpetual, sub-licensable, transferable, royalty-free license to use such feedback or suggestion(s) for any purpose and without any obligation or compensation to you.
ACCOUNT
By registering an account with us you get access to the Service and functionality that we establish and maintain in our sole discretion. We reserve the right to offer different account types for different Users. You are fully responsible for your account’s activity and the safety of your login credentials. Spoil Me must be notified immediately in the event of any security breaches or unauthorized use of your account. Spoil Me is not liable for any losses incurred due to any unauthorized use of your account. To create an Account, you must have a valid email address, and provide truthful and accurate information. You may use your account only for your personal, non-commercial purposes. You may not use as a username or profile image the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name or image that is otherwise offensive, vulgar or obscene. We shall not be liable for any damages arising from data wrongly or incorrectly given by the User.
Spoil Me may suspend or terminate your account at any time if we believe you are violating these Terms. Such violations include, but are not limited to, violating applicable laws or these Terms and Community Guidelines, such as, but not limited to listing prohibited items, harassing other Users, misrepresenting yourself, attempting to commit fraud, money laundering or card testing. Spoil Me reserves the right to initiate our verification process, which, if not met to our complete satisfaction, may result in permanent account suspension
USER CONTENT
The Service allows Users to submit various forms of content or information, referred to as "User Content". As a User, you confirm that you possess the necessary rights and authority to submit such User Content through the Service, and that your User Content does not violate the rights of others. You are prohibited from submitting User Content that is illegal, offensive, disturbing, intended to upset, threatening, slanderous, defamatory, obscene, or generally unacceptable. Spoil Me has the discretion, but not the obligation, to decide if any User Content is suitable and adheres to these Terms, and may reject or remove this User Content. Since Spoil Me cannot control all User Content, you acknowledge that you use the Service at your own risk. You accept that Spoil Me will not be held responsible for any User Content, including any inaccuracies or omissions in any content, or any loss or damage incurred as a result of your use of any User Content.
We can but we are not obligated to moderate or review any of User Content to verify compliance with the Terms (including, in particular, our Community Guidelines) and/or any applicable law.
All User Content is created, selected, and provided by Users and not by us. We are not responsible for reviewing or moderating User Content, and we do not select or modify the Content that is stored or transmitted via Spoil Me We are under no obligation to monitor User Content or to detect breaches of the Terms (including the Community Guidelines).
However, we maintain the right, at our discretion, to delete any material we see as breaching these Terms. Furthermore, we can suspend or terminate your account at any time if we believe you or any User Content you've uploaded has violated these Terms.
When you publicly share User Content, such as tagging Spoil Me on social media (through direct mentions or hashtags), you are giving Spoil Me a global, non-exclusive, royalty-free, revocable, transferable license with the right to sublicense. This license allows Spoil Me to use that User Content in various ways including, but not limited to, reproducing, distributing, altering, creating derivative works, publicly displaying and performing. This is done with the intention of promoting and advertising Spoil Me and the company's services.
By submitting User Content to the Spoil Me Services, you grant us a licence to (and to allow others acting on our behalf to) access, view, use, reproduce, adapt, modify, distribute, sell, stream, broadcast, create derivative works of, publicly display, publicly perform, advertise and otherwise exploit the User Content in connection with the Spoil Me Services and our business, including without limitation for providing, promoting and redistributing part or all of the Spoil Me Services (and derivative works thereof) in any and all media formats and through any and all media channels. This licence gives us rights worldwide which do not expire and which are irrevocable, and which do not require us to make any payment to you. We may transfer or sub-licence this licence to others.
You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free license to use your name, nickname, Username, image, voice, silhouette, likeness, any photograph/video of you, statements, endorsement and appearance and any other part of your personality to identify you as the source of any of your User Content.
USER COMMUNICATIONS
Always use caution when giving out or posting personal information about yourself. The User acknowledges that we do not assume any obligations or liability for any data which are posted, sent, or uploaded by the User. Spoil Me has no obligation to monitor the communications between the Users. However, we reserve the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in our sole discretion. You are solely responsible for your communications with other Users of our Service. If you have a dispute with one or more Users, you release Spoil Me (and its officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
TERMS FOR GIFTS
Spoil Me does not purchase any items on behalf of the Users, but facilitates receipt of the Gift by the Creators, who may use our third-party Partner Marketplace or other Third-Party Vendor to purchase a Gift.
Creators should independently create the descriptions and monetary value of the items in their wishlists, or use description from third-party Partner Marketplace, and while we recommend being as accurate as possible in the creation of the descriptions, there may be errors in the information displayed to you. All images of Gifts are for illustrative purposes only, and Gifts may vary from the pictures. Gift availability is not guaranteed.
Spoil Me as an intermediary service provider in no case should be liable for the accurate description of the items. While the purpose of our Service is that Creator receives the Gift, we require Creators to finalize the purchase of the Gift as soon as possible, we do not and cannot verify all of the information that Creator supply, nor do we represent or guarantee that the Gift will be purchased by Creator, Gift will be used in accordance with the purpose prescribed by a Creator or in accordance with applicable laws. In case the Creator receives the Gift or Gift Funds, Spoil Me can’t control or guarantee that Gift or Gift Funds received by Creator will be used for any particular purpose.
As a Creator, receiving a Gift from your wish list, you acknowledge and confirm that:
a. You are not providing services to Spoil Me.
b. The Gift is a voluntary contribution from the Fan to the Creator without any obligations or restrictions.
c. Gifts cannot be (i) assigned by the Creator to another person, (ii) used as payment for any transactions or business activities, (iii) accepted as compensation for services provided to a Fan or third party, (iv) used as payment for delivering goods, (v) granted in exchange for access to the Creator's content, services, or goods, or (vi) traded for other goods or services.
d. Each Creator is solely responsible for updating wish lists with current pricing and details for non-partner unverified vendor, purchasing of Gift. Creators should independently purchase the Gift, using received Gift Funds. Each Gift will be delivered in accordance with the applicable Third Party Vendor or Partner Marketplace`s terms for such Gift, and the delivery of the Gift will be handled by the Third Party Vendor or Partner Marketplace`s designated carrier.
e. For the avoidance of doubt, the service provided by Spoil Me to the Fan constitutes facilitating of purchasing Gift, the Fan will not receive any tracking or order status information or physical or digital goods.
PROHIBITED ACTIVITIES
You may use the Spoil Me Services only for lawful purposes. You may not use the Spoil Me Services:
In case of a violation, we reserve the right to restrict or remove access of a User to the Service without any notice. The User acknowledges that if, for reasons of unlawful behavior or behavior that infringes these Terms or any other terms and conditions set by Spoil Me, the User is banned from the Service, Gift Funds payment may be canceled and returned, and the amounts already paid by the User for the paid features of the Service shall not be recoverable. The User shall be liable to Spoil Me for any damages sustained by us caused by the User’s non-compliant or unlawful use of the Service.
Any failure to comply with the provisions of this section, could be considered a criminal offense under applicable law. Spoil Me reserves the right to report any and all such breaches to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them.
If you detect any objectionable content (which, in particular, violates the rights or legitimate interests of others, is defamatory, humiliating, abusive, inflammatory, of sexual content and threatens minors, etc.) or observes unusual operation on the Service, please immediately notify us by emailing to [email protected].
THIRD-PARTY WEBSITES
From time to time, this website may also include links to other websites, including but not limited to Pinterest, Instagram, Snapchat, TickTock, Twitter, etc. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or are affiliated with those websites or services whatsoever. We have no responsibility for the content of the linked website. Some of those links may be affiliate links whereby Spoil Me may earn commission revenue, if applicable.
PRICING AND PAYMENT PROCESSING
a. Our fee. Certain features of the Service may be provided for a fee or other charge. If you elect to use paid features of the Service, you agree to the posted pricing and payment terms as we may update them from time to time. We charge a fee to all Gift Fund payments made to Creator. Price conversions to other currencies, documents or communications may be indicated on the Service for information only. Currencies supported by Spoil Me are defined in our sole discretion. Subject to suspicion for fraudulent activity, a cash payout may be suspended, or cancelled.
b. Payment processor. Spoil Me does not collect or process any payments directly. Any payments on our Services are processed only by third-party payment processor. We use a third-party payment processor such as Stripe. By choosing to make a payment of Gift Fund or connecting payment method to your Account, you agree to pay and/or receive the Gift Fund, through the payment processor, in accordance with the applicable payment terms, and you authorise the payment processor to charge your chosen payment method. Payment Processors may charge a fee for facilitating the transaction, which may be deducted from Gift Fund. Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a credit or debit card. We reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process payments associated with the Service. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms. We do not process payments from you, it is the payment providers that handle and store your credit card details. When making a payment, you enter your credit card details into a form supplied by the payment provider that will be processing the payment, and this information goes directly to the payment provider‘s server. Your credit card information never reaches our servers. We do not access and do not store your credit card information. Spoil Me accepts no (and disclaims all) obligation or liability with respect to such collection or the performance or non-performance of Payment Processor. To the fullest extent permitted by law, Spoil Me assumes no liability for Gift Funds payment and Creator shall indemnify, defend, and hold Spoil Me harmless from the same. You agree that we may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions, from time to time without any liability to you. If you receive a payment in error, we may reverse or require the return of the payment. You agree to cooperate with us in our efforts to do this.
c. Gift Fund payments. Only Creators duly registered and authorised by Spoil Me and the Payment Processor may collect Gift Fund payments. All Gift Fund payments will be received and processed by a third-party payment provider approved by us. You acknowledge that to receive the Gift Fund you must set up your bank details with our third-party payment processor. Our third-party payment processor handles all transactions and is responsible for sending the Gift Funds to Creator upon processing completion. Subject to suspicion for fraudulent activity, a receipt of Gift Funds and/ or cash payout of Gift Fund may be suspended, or cancelled.
d. Refunds. You understand that by paying for paid features of the Service, you consent that we make available these functionality to you directly after we have accepted your order and that you will lose your right of withdrawal. All payments made by the Fans in order to send Gift Funds to the Creators are voluntary, definitive, and non-refundable unless otherwise provided herein, or as it is required under the applicable law. Any service fees with respect to Gifts purchased by Creators from a non-partner store shall be the sole responsibility of the Creator and shall never be the responsibility of Spoil Me (for facilitating the gifting transaction).
e.Rewards. You can earn rewards for referring friends or being a Spoil Me ambassador. We reserve the right to disqualify any referrals deemed to be trying to game the system or create fraudulent accounts. We also reserve the right to change the reward amount without notice. We are further entitled to provide discounts and special offers and promotions to the Users at dates and duration determined in our sole discretion.
TAXES
Except otherwise provided by law, you are responsible for any taxes and charges you may incur as a result of the payment to you or from you (such as gift taxes). With respect to any federal, provincial, state, local or other governmental sales, goods and services or other taxes, fees or charges now in force or enacted in the future (”Taxes”) applicable to the receipt by Creator of Fan Payment, Creator is solely responsible for paying such Taxes. Gift Funds are exclusive of value added taxes (”VAT”), which shall be added at the current rate as applicable to Gift Funds. By using the Service you acknowledge that you are solely responsible for all applicable local, state, federal, or equivalent taxation required by your local laws and governance. Spoil Me is not responsible for providing any information to you, other than, upon request, a document displaying all funds transferred to you by our third-party payment processor. If Spoil Me is required to provide a tax document on your behalf, the cost to generate such document shall be your responsibility, and you shall reimburse Spoil Me for that fee. You acknowledge and accept that we are not responsible for providing any taxation documentation and that Spoil Me is not liable for any issues which arise pertaining to taxation. As a User, you legally guarantee that you will always adhere to all tax-related laws and regulations applicable to your use of our services. If there's any non-compliance with tax regulations related to you (including failure to report income or any tax-related penalties or interest) or if any tax-related legal proceedings or investigations start against you, you agree to inform us at [email protected] within a week of the non-compliance or the start of the proceedings. Spoil Me is not responsible for providing tax advice and will not be responsible for any user's tax payment failures.
LIMITATIONS OF LIABILITY
We will not be held liable in the event of total or partial failure to fulfill its obligations under these Terms, if the said non-fulfillment is attributable to a third party, the fault of the user or the payer, or caused by any event that is beyond our control or by an Internet-related hazard. TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY TYPE OF DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE OR CONSEQUENTIAL DAMAGES FOR ANY USE OF OR RELIANCE ON THE SPOIL ME SERVICES OR CONTENT, OR ON THOSE AFFILIATED WITH US IN ANY WAY, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS; INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, PERSONAL INJURIES, ACCIDENTS, MISAPPLICATION OF INFORMATION, OR ANY OTHER LOSS, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DIFFICULTIES. We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Except as set forth in the preceding sentence, our total liability to you arising under or in connection with these Terms shall be limited to $100.
DISCLAIMER
We make no warranty that you will obtain specific results from the use of the Service. Your use of the Service is entirely at your own risk. We reserve the right to suspend the operation of the Service. Temporary suspension of access to the Service may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. To the fullest extent permitted by law we make no warranties as to our Spoil Me Services or content. You agree that our Spoil Me Services and the content are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Spoil Me Services or the content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of Spoil Me Services or the content is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Spoil Me Services or the content or their correctness, accuracy, timeliness, reliability or otherwise
NO AGENCY; NO EMPLOYMENT
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Terms.
TERM AND TERMINATION
You may contact us about your suspension or ending your access to Spoil Me Services at [email protected]. The term of these Terms shall begin when you download the application or start using our Service (whichever is earlier) and shall continue unless otherwise terminated pursuant hereto. We reserve the right to terminate these Terms with you at our own discretion at any time, upon notice, and without any of our liability whatsoever. If you do not comply with our Terms or if we are investigating any suspected non-compliance or misconduct by you, we may take such action that we think is appropriate or necessary, including suspending or ending your access to the whole or any parts of the Spoil Me Services with immediate effect and permanently. If your non-compliance is curable, we will give you a reasonable opportunity to do so. These Terms may be also terminated by us immediately and without notice, if you fail to comply with any of your obligation or conditions of these Terms. We retain the right to investigate any non-compliance with these Terms and any misconduct, we shall be entitled to take any action that we deem appropriate or necessary during or in response to such investigation. You may stop using the Spoil Me Services at any time. If we suspend or terminate your rights to use the Spoil Me Services: you must stop all activities authorised by these Terms, including your use of the Spoil Me Services (and any Content); you must delete or remove the Spoil Me Services from all mobile devices in your possession and immediately destroy all copies of the Spoil Me Services which you have and confirm to us that you have done this; and we shall be entitled to remotely remove access to the Spoil Me Services from your devices and cease providing you with access to the Spoil Me Services.
INDEMNITY
You agree to defend, indemnify and hold harmless Spoil Me (and its officers, directors, agents, subsidiaries, and employees) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Service, including any data or content transmitted or received by you; (2) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (3) your violation of any third-party right, applicable law, rule, or regulation; (4) any claim or damages that arise as a result of any of your User Content or any content that is submitted via your account; or (5) any other party’s access and use of the Service with your password or other appropriate security code. Spoil Me will not bear responsibility for any damages, claims, liabilities, losses and other expenses, whether or not a lawsuit or other proceeding is filed, that arise out of user’s breach of these Terms.
COPYRIGHT NOTICE
Spoil Me respects the intellectual property rights of others and requests that users of Spoil me Services do the same. If you believe that your work is being used in connection with the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Spoil me to locate the material (for example, by providing a URL to the material); (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf. You may send a notification of claimed infringement at email [email protected]. In appropriate circumstances, we will terminate the accounts of Users who are repeat copyright infringers.
INFORMAL DISPUTE RESOLUTION. If there is any dispute related to these Terms or the use of the Services, the parties will attempt to settle it amicably through mutual consultation and agreement. Initially, you should reach out to customer support for help. For any concerns or issues, get in touch with customer support at [email protected]. This process aims to resolve the dispute within sixty (60) days.
BINDING ARBITRATION AGREEMENT AND CLASS WAIVER DISCLOSURE (APPLICABLE TO U.S. USERS ONLY)
Agreement to Arbitration; Class Waiver. If you are U.S. User you and we agree, except as provided below regarding small claims court proceedings, any dispute, claim, or controversy arising out of or relating in any way to, the Services, including, but not limited to, our Privacy Policy and/or our privacy practices generally, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms.
Pre-Filing Mediation.
In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by overnight courier, a written Notice of Claim (“Notice”). If you are the claimant, the Notice to Us must be addressed to: Spoildotme Ltd, a limited liability company registered in Cyprus, registered office is at Griva Digeni, 51, ATHINEON COURT, Flat/Office 202, 8047, Paphos, Cyprus, registered number HE 446803, or by emailing [email protected]. If we are the claimant, the Notice must be sent to the address we have on file for you in your Account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.
Additional Arbitration Provisions
Settlement Offers: During the arbitration, the amount of any settlement offer made by you or Us shall not be disclosed to the arbitrator.
Initiating A Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you may contact the arbitration administrator by calling 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271.
Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after we receive notice of the initiation of arbitration, We will promptly reimburse you for your payment of the filing fee at the address provided in the Notice, unless your claim is for greater than US$10,000.
Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.
Location of Hearing: Unless you and We agree otherwise, any arbitration hearings will take place in New York, New York. If your claim is for US$10,000 or less, we agree you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
Class Waiver: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN 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 the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by any individual, then the entirety of the arbitration provision set forth herein shall be null and void.
Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim.
Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.
Opt-Out Provision. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE SERVICES BY WRITING TO [email protected] OR TO THE ARBITRATION NOTICE ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT THE BINDING ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER, AS WELL AS WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL TERMS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN THE DECISION BY US TO PROVIDE THE SERVICE.
No Trial by Jury. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
CLASS ACTIONS WAIVER
To the maximum extent permitted by the applicable law, you and we agree not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration. That means, to the fullest extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. If the agreement in this section not to bring or participate in a class or representative action, private attorney general action or collective arbitration is found illegal or unenforceable, you and we agree that it will not be severable: this entire section will be deemed unenforceable and any claim or dispute will therefore be resolved in court.
APPLICABLE LAW AND JURISDICTION
These Terms and your use of Spoil Me will be governed by, construed and enforced in accordance with the laws of Cyprus, without regard to conflict of law rules or principles (whether of Cyprus or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user's country. This paragraph doesn’t override those laws. Any dispute between you and the Spoil Me, except to arbitration clause for US citizens as of section 20, will be resolved in the courts of Cyprus. The provisions of these Terms do not exclude, limit or otherwise restrict the rights vested with the consumers upon relevant provisions of the applicable law nor may be construed by anyone in this way.
MISCELLANEOUS