Terms of service
Effective as of the: 01-03-2019
Your continuous usage and access to our Services (as specified bellow) are subject to these Terms of Service or related documents. Please read these Terms of Service carefully, as it informs you on (a) The Website’s reserved rights, (b) Basic Usage guidelines in respect to User Conduct and (c) Reserved rights in cases of breach of these Terms of Service, (d) The Services provided by Cottro and (e) Binding arbitration, personal jurisdiction, choice of law and waiver clauses that you enter into.
- Licensing Grant
For the purposes of visiting and using our Website’s content and services Cottro hereby grants you a non-exclusive and non-transferrable, revocable license limited to personal use. This license is further limited according to any Terms or Service that Cottro stipulates with you. Applicable Licensing Terms may be displayed at an accessible place or visible to you on our Website.
- 2.1 General Eligibility Criteria
- In order to use our Services, you must have full capacity to enter into legally binding contracts under applicable law and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
- Without limiting the foregoing, the website is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User and/or availing our Services, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement. You represent and warrant that you are at least 18 years old. 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 this all cases, the adult is the user and is responsible for any and all activities. Our Website reserves the right to terminate and/or refuse to provide you with access to the Website if it is brought to the Website’s notice or if it is discovered that you are under the age of 18 years.
- If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
- Our website may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time.
- Users grant us an unlimited, irrevocable, royalty free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any content posted by them on a worldwide basis.
- Users shall not take any actions that may undermine, disrupt, or manipulate the integrity of the User feedback system on the Website.
- 2.2 Separate Agreements
- The Users, Participants or Third Parties using the Cottro Services hereby agree that Cottro is not a contractual party to any negotiated, solemnized or signed agreement that the Users, Participants or Third Parties have entered into.
- User Account
Users, for the purposes of visiting and browsing our Website may or may not have a registered account. Please note that without having a valid User Account, some of our Website capabilities and functionalities may be limited.
Some personal information will be required from you during the process of your User Account registration. The personal information that may be required from you is your contact details (such as: name, e-mail address, shipping address, country/state, and telephone number). When dealing with Authorized Users, we may further include appropriate methods ensuring your identification as a student – for example, we may validate you by requesting your university-issued e-mail.
Upon signing up for a User Account under this section, you hereby warrant and agree that you will enter and maintain your User Account’s information truthful, non-misleading, complete, accurate and up-to-date.
We will send you an e-mail confirmation for your User Account registration. Upon your confirmation of your registration (via the sent link in our e-mail confirmation), your User Account will be created.
Please select a password that you will keep outside the reach of third parties or minors. If you believe that your User Account has been breached or used without your previous permission, please contact us immediately.
Some of the User Account information may be entered in your User Profile. Please note that certain information is not compulsory to enter. However, provided that the certain information is to be displayed publicly, please note that such information will be available to anyone visiting the Website with a connection to the world wide web.
- Usage Guidelines
Our User community is expected to follow widely-accepted behavior while browsing online. You hereby agree that you are going to use this Website and its content reasonably, and will withhold of any action that may damage the performance or functionality of the Website. Owners of User Accounts will further withhold of causing any nuisance or taking any action in limiting other Users from using this Website’s offered products and services. The Content of this Website is protected under intellectual property laws. Cottro is the owner of the content sold on the Website.
Your User Account is intended for your own, personal use. Please keep your User Account credentials confidential, in order to prevent unwanted breaches. In cases of a security breach to your account, please notify us immediately.
You, as a User of our Website, will not engage in any unacceptable behavior, namely:
- You shall not create liability for us or cause us to lose (in whole or in part) the Services of our internet service provider (ISPs) or other suppliers;
- You shall not, directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- You shall not use any "deep-link," "page-scrape," "robot," "spider," or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activity;
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the Services offered on or through the Website, by hacking, password "mining" or any other illegitimate means;
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other Authorized User, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website;
- You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation of our Website or sellers on platform or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks or any systems or networks connected to us;
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are or that you represent someone else or impersonate any other individual or entity;
- You shall not conduct any transmitting of any unlawful, threatening, abusive, offensive, discriminatory, defamatory or hateful text or voice communication or images and/or other material, any ethnically or racially objectionable material, or any material infringing intellectual property, privacy and/or publicity rights of any third party.
- Our reserved rights
We reserve the right to terminate a User’s access the Platform, if they turn out to be repeated infringers. (Website) may, in its sole discretion, initiate inquiries of abuse of misbehavior of any user, whether by breaching the terms regarding content upload(s) or general behavior terms explained above. The reserved rights in case of violation of these terms include:
- Deletion of User submission or Upload;
- Temporary or permanent bans on some functionalities of this Service;
- Temporary or permanent bans from accessing (Website)’s Website;
- Initiating legal proceedings against the individual or entity involved in penal behavior against the functionality of this service under applicable law; or
- Other actions as seen fit by our Website’s operator.
Cottro, in dealing with specific breaches of these provisions, does not exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behavior. Note that Cottro may disclose Your personal information in the necessary range under Governing law in connection with any current or future legal proceedings in order to constitute or defend its respective rights or in case Cottro needs to comply with the demands (namely formal requests) of appropriate State authorities.
- Content Policy
Our Content – Our Service’s Website further contains content posted, created by or licensed by Cottro or its licensors. We retain all rights, title and interest to any content which may be deemed as “Our Content”, as described above, namely to any copyrights, trademarks, trade names, trade dress, logos, patents, know-how, trade secrets, instructions, and all other proprietary information. Subject to these Terms of Service, Cottro further grants you a personal, non-transferrable, non-exclusive, limited, revocable and non-commercial license to access and view the content on the Cottro Website. Subject to these Terms of Service and Usage Guidelines, you agree to refrain from any usage of our content, if not explicitly agreed otherwise with the Service, in writing.
Content on the Platform – We may display content with previous consent of authors or holders of appropriate copyright rights. Please refrain from using the content outside the scope of authorization as previously given to you by appropriate copyright or related rights holders.
Intellectual Property - Cottro, its logo, any products, services, names or slogans contained within the Service, corporate correspondence or any other space distinguishing the Service are registered trademarks of Cottro, and may not be copied, used or imitated, in whole or partially, without express written consent of the trademark or other intellectual property or copyright holder. Other trademarks, company names, logos or other intellectual property rights appearing on the service are the property of their respective owners or holders. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa. The Service, its affiliates, suppliers, licensors and licensees own all right, title and interest, without exclusion to intellectual property rights appearing on the Service, corporate correspondence or any other space distinguishing the Service or its affiliates, suppliers, licensors and licensees. Except for those rights expressly granted within these Terms of Service, no other rights are granted to Users. All copying, usage, distribution or further use of copyrights or other intellectual property rights on behalf of the Service are subject to previous consent. Usage of these materials, symbols, logos and slogans must be with a previous written notice by the holder of such rights.
- Electronic shop tailored for your best experience
- 7.1 Our Service’s Website is powered by Shopify and a wide range of its applications in order to deliver you a smooth and reliable service. We are glad to use Shopify-provided services and offer them to you in order to make your shopping experience the best possible.
- Payment Terms
- 8.1 Refunds
- 8.2 Renewal of Subscriptions and Recurring Charges
- Any and all applicable taxes
- Any auxiliary charges that may be incurred in connection with the Authorized User’s use of the Cottro Services
Such authorization for recurring fees shall continue for the duration of the Subscription Term and Renewal Term (as specified bellow)
- 8.3 Invoicing
- 8.4 Taxation
- Our Third-party services
Our Website may contain links to certain third-party Websites and/or similar services. Please note that prior to engaging into any activity with these third-party Websites, such Websites and services are governed by a separate set of Terms and Conditions and Privacy Policies. We may use some third-party services in order to help us provide you with an amazing service.
- Other Contract provisions
- THE COTTRO SERVICES, DOCUMENTATION, AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THE COTTRO SERVICES, DOCUMENTATION, AND SITE SHALL BE AT YOUR SOLE RISK. COTTRO AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, AFFILIATES, SUBSIDIARIES, AND LICENSORS (“COTTRO PARTIES”): (a) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DOES NOT WARRANT THAT THE COTTRO SERVICES, DOCUMENTATION, OR SITE ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE COTTRO SERVICES, DOCUMENTATION, OR SITE.
THE COTTRO PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT COTTRO SERVICES, DOCUMENTATION, AND SITE HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE COTTRO SERVICES, DOCUMENTATION, AND SITE CONTENT AND ASSUMES NO RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF COTTRO SERVICES, DOCUMENTATION, AND SITE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE THROUGH THE ACTIONS OF ANY THIRD PARTY; (vi) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SITE; AND/OR (vii) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA COTTRO SERVICES, DOCUMENTATION, AND SITE. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF COTTRO TO ANY THIRD PARTY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY, AND FOR THE MINIMUM WARRANTY PERIOD ALLOWED BY THE MANDATORY APPLICABLE LAW.
- THE COTTRO PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, AND THE COTTRO PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE.
- If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as in this Section 9 or below in Section 11. Accordingly, some of these limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Sections 10.2. and 10.3. specifically do apply to you.
- We may, at any time and without notice, suspend, cancel, or terminate your right to use the Website (or any portion of the Website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in the Agreement shall survive. Depending upon the nature of termination, subject to the provisions laid down in this agreement, we may or may not refund you for any payment due or kept with us. We will review the refund requests case by case. Without limiting the foregoing, we may close, suspend, or limit your access to your Account:
- If we determine that you have breached or are acting in breach of this User Agreement;
- If we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
- If we determine that you have engaged or are engaging in fraudulent or illegal activities;
- You do not respond to account verification requests;
- To manage any risk of loss to us, a User, or any other person;
- For other similar reasons at our own Discretion.
- You will defend, indemnify, and hold us, our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to, as applicable:
- Your access to and use of the Cottro Website and our Rendered Services;
- Violation of these Terms of Service by You or other Users, as applicable;
- Infringement of any intellectual property or other right of any person or entity by you;
- The nature and content of all Authorized User Data processed by the Cottro Services; or
- Any product(s) or service(s) purchased or obtained by you in connection with the Cottro Website..
- Cottro retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Independent Allocations of Risk. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of the risks of these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms, and each of these provisions will apply even if the warranties in these Terms have failed of their essential purpose.
- You hereby agree and find reasonable to withhold from any group action in front of any court and explicitly agree that all and any disputes or controversies will be handled on a case-by-case basis, thus withholding of any class action or similar lawsuits or other litigation proceedings against the service. If any litigation is to occur, you hereby expressly agree that your action shall not surpass the amount of 100 EUR, or the expenses incurred from using our Services, whichever is greater.
- THE PARTIES AGREE TO SOLVE ALL DISPUTES OR CONTROVERSIES, INCLUDING THOSE ARISING FROM TERMINATION OF EMPLOYMENT IN A MANNER OTHER THAN FILING COURT ACTIONS. THE PARTIES AGREE TO ARBITRATION PROCEEDINGS ARISING OUT OF OR RELATING TO THE EXISTENCE, BREACH, TERMINATION, INTERPRETATION OR ENFORCEMENT OF THESE TERMS OF SERVICE, AS WELL AS YOUR ACCESS TO THE PLATFORM AT ANY TIME AS OF YOUR BINDING ACCESS TO THESE TERMS OF SERVICE.
- THE PARTIES AGREE THAT THE ARBITRATION PROCEEDINGS SHALL BE HELD IN ENGLISH, WITH AN ARBITRATOR CHOSEN BY MEANS OF CONSENSUS BETWEEN THE PARTIES FROM THE LIST OF ARBITRATORS BY THE AMERICAN ARBITRATION ASSOCIATION. THE SEAT OF ARBITRATION SHALL BE CHOSEN BY THE PARTIES BY MEANS OF CONSENSUS.
- THE USER HEREBY ACKNOWLEDGES AND AGREES TO HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS EXPLICITLY AGREED WITH THE COMPANY, IN WRITING, THE USER SHALL RESOLVE ALL DISPUTES BY MEANS OF BINDING ARBITRATION ON AN INDIVIDUAL, CASE-TO-CASE BASIS, AND SHALL WITHHOLD OF A COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. ANY CONTRACTUAL PARTY TO THIS AGREEMENT MAY REQUEST INJUNCTIVE RELIEF ON THE BASIS OF APPLICABLE LAW.
- ALTERNATIVE DISPUTE-RESOLUTION PREVENTS STATUTE BARRING OF THE RIGHTS AND OBLIGATIONS ARISING FROM THIS AGREEMENT. IF THESE DISPUTE-RESOLVING METHODS PROVE UNSUCCESSFUL, THEY ARE TO COMMENCE COURT PROCEEDINGS. IF ANY PROVISION OF THIS AGREEMENT IS, OR IS TO BE FOUND BY AN APPROPRIATE AUTHORITY, UNENFORCEABLE UNDER GOVERNING LAW, THAT WILL NOT AFFECT THE ENFORCEABILITY OF ANY OTHER PROVISIONS OF THIS AGREEMENT.
The Service’s failure to act in a particular circumstance does not waive the ability to act in respect to the specific circumstance or circumstances similar to it. If any provision of these Terms is rendered invalid by statutory provisions, interpretation of law or its application, rendered unenforceable, it shall not affect the remainder of these terms. The remaining terms shall stay in full force and effect.
- 11. Statement
Cottro provides a platform for merchants who comply with Cottro’s policies to offer and sell certain goods. Cottro is not directly involved in the transaction between buyers and merchants and any rights that you may have in respect of any item are therefore only against the merchant from whom you purchase it and not against Cottro. Cottro acts as an agent for purposes of processing payments, chargebacks, refunds, customer service and adjustments for transactions between buyers and merchants, receiving and holding transaction amounts on behalf of buyers, charging buyers’ credit cards, and paying merchants amounts buyers owe them.