WELCOME to Centrall APP Terms and Conditions!
The website offers an online platform for enabling individuals and companies to create a profile, and sell, buy, and trade items from this platform. This Service and the Website is available only to individuals above 13 years of age or registered companies. By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and Centrall APP in relation to your use of the Website and/ or the Services and applies to all users of the Services, whether registered or not, on the Website.
We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although Centrall APP may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
Member means a person or company who completes Centrall APP’s account registration process (includes Buyer and Seller).
Buyer means a person buying services from a Seller on Centrall APP.
Sellers are users who offer and ships product to Centrall APP platform.
Order is an instruction for buying the item that commences with a Buyer placing an order via a valid payment method.
Collective Content means Member’s Content and Centrall APP Content.
Content means text, graphics, images, description of product, software, audio, video, information or other materials.
Centrall APP Content means all Content that Centrall APP makes available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
Third Parties means any company/entity offering “goods and services” through Centrall APP Platform.
Service Fees means the fees payable to the Platform. Service fees are agreed upon during checkout and charged once the transaction is complete, funds are then release to Member after their item has been verified by Centrall APP. Buyers are charged the item price and any additional expenses shown during checkout.
Escrow Account means the virtual account where money is deposited on commencement of the transaction. The funds shall remain in escrow until Centrall APP verifies the authenticity of the item.
Referral means a person who is using the link.
Referrer means person who shared the link.
Ambit of Service
The Site is a market platform where Buyers, Sellers, and Traders can buy, sell, and trade shoes and other related items. Subject to the Terms of Service, Centrall APP provides the Site Services to Users, including hosting and maintaining the Site. When a User enters a Virtual Contract, the User uses the Site to engage, communicate, invoice and pay online.
Parameters of Service
In the event, a Member supplies a counterfeit item or defrauds or attempt to defraud any Buyer or Centrall APP, Centrall APP shall have the right, in its sole and absolute discretion, any or all of the following: cancel all or any orders of the Seller or Trader pending with Centrall APP; ship the item(s) back to the Seller or Trade at the Sellers or Traders cost; remove all or any of Sellers or Traders listings from the services; place limits on Sellers and Traders buying or selling privileges; withhold any payments due to Seller or Trader; charge Seller’s credit card for costs, expenses and fees incurred by Centrall APP as a result of Seller’s action or inaction; destroy the counterfeit items or notify to law enforcement agencies; suspend permanently or temporarily Sellers account; and charge Seller’s credit card an additional amount equal to 15% of the transaction amount as a service fee. Seller acknowledges and hereby agrees that each of the foregoing remedies are reasonable and justified upon Centrall APP’s discovery of fraudulent actions or counterfeit items even if those actions or items were not known by the Seller to be counterfeit or fraudulent at the time. Further, Seller acknowledges and agrees that in the event counterfeit item(s) are provided to the law enforcement agencies, Seller’s claim with respect to that items shall be solely with law enforcement agency and not with Centrall APP. Centrall APP shall have right to use measures for protection against fraud including algorithms and automated systems to monitor fraud, which may result in suspension of account or cancellation of sales or listings. If this occurs in error please contact us at email@example.com.
In the event a Buyer receives a counterfeit item, the Buyer must notify Centrall APP in writing within 3 days after receiving the item to enable Centrall APP to commence an investigation pertaining to the item. The Buyer shall co-operate in the investigation and final disposition of the item including supplying photographs and other relevant evidence regarding the item, providing the item to law enforcement agency, delivering the item back to us or destroying the item at our sole discretion. If we elect to have the Buyer destroy the item, the Buyer shall provide reasonable proof of destruction of the item to us. In no event may a Buyer resell any item on our platform or elsewhere that is believed to be counterfeit. The Buyer shall receive the refund of all fees and costs paid by the Buyer for the item.
In the event Centrall APP perceives that a Buyer or Seller attempts to interfere with the fair and free operation of the Centrall APP’s platform or creates misleading information, engages in Centrall APP manipulation or fraud including creating false accounts, Centrall APP shall have, in its sole and absolute discretion, all or any of the following: withhold any payments due to users; place limits of users buying and selling privileges; cancel all or any of users orders pending Centrall APP platform; remove all or any of the user’s listings from the platform; charge users credit card for costs, expenses and fees incurred by Centrall APP in consequence of users actions or inactions; notify fraudulent activities to the law enforcement agencies; suspend permanently or temporarily users account; and charge the users credit card an additional service fee up to CAD$1000 to cover investigation fees and other expenses.
Obligations of Members and Rights of Centrall APP
To access and use certain features of the Services, you may be required to register for an account. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice to info@Centrallshop.com if you discover or otherwise suspect any security breaches related to the Services.
Members will not use the Services if any applicable law in their country prohibits them from doing so and or have not previously been their right to use the Services suspended or terminated. Furthermore, the Website and Content available through the Website may contain links to other third party Website (« Third Party Websites »), which are completely unrelated to Centrall APP. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Centrall APP makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other Website is completely at your own risk and Centrall APP disclaims all liability thereto.
The member shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website. However, by submitting any Content on the Website, you hereby grant to Centrall APP an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, distribute, and display the Content in connection with the Website and Centrall APP’s (and its successors’).
Centrall APP does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Centrall APP expressly disclaims any and all liability in connection with member’s Content and quality of content uploaded.
Notwithstanding any other provision of the Terms of Service, and except as prohibited by applicable law, if we determine in our sole discretion that you have violated the conditions and restrictions of the Site or the Terms of Service, we may hold the disbursement of the Seller Fees. Additionally, we may also withhold the disbursement of the Seller’s funds if: (a) we require additional information, government-issued identification, address, or date of birth; (b) we have reason to believe the Seller Fees may be subject to dispute or chargeback; (c) we suspect fraud; (d) we believe there are reasonable grounds for insecurity with respect to the performance of obligations under a Service Contract, this Agreement, or other Terms of Service; (e) we deem it necessary in connection with any investigation; or (f) required by applicable law.
In cases of fraud, abuse, or violation of the Terms of Service, Centrall APP reserves the right to revoke any payments and hold and reclaim from Escrow all Seller Funds due to Seller unless prohibited by applicable law. In addition, we reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment, withdrawal, or Engagement; if we discover erroneous or duplicate transactions or if we have supplied our services in accordance with this Agreement yet we receive any chargeback from the Payment Method used by you, or used by your Buyer if you are a Seller.
If Buyer fails to pay the Seller the price agreed or any other amounts due under the Terms of Service, whether by cancelling Buyer’s credit or debit card, initiating an improper chargeback, or any other means, Centrall APP may suspend or close Buyer’s Account and revoke Buyer’s access to the Site, including Buyer’s authority to use the Site to process any additional payments, or obtain any additional Seller Services.
Buyer acknowledges and agrees that we will charge Buyer’s designated Payment Method for the Seller Fees. Buyer agrees that once we charge the Buyer’s designated Payment Method for the Seller Fees as provided in this Agreement or the other Terms of Service, the charge is non-refundable, except as otherwise required by applicable law. If Buyer initiates a chargeback in violation of this Agreement, Buyer agrees that Centrall APP or Escrow may dispute or appeal the chargeback and institute collection action against Buyer.
Buyer hereby authorizes Centrall APP to run credit card authorizations on all credit cards provided by Buyer, to store credit card and banking or other financial details as Buyer’s method of payment for Services, and to charge Buyer’s credit card (or any other Payment Method) and PayPal accounts, if applicable.
Centrall APP will have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the Seller Fees. Seller will be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the Seller Fees and for issuing any invoices so required.
Terms Regarding Referral Tokens
- Each Referrer has their own unique link. When the Referral clicks on the link, it will direct them to sign up for a new account. Upon signing up, the referral will receive a $20 token to use towards their first purchase.
- Referral token is instantly available in the referral account as soon as they sign up.
- Amount of referral tokens earned can be seen in the user’s profile.
- Cannot be redeemed for cash.
- Referrer receives 1 Token when his referral makes his first purchase.
- A maximum of 5 Tokens can be used for a single purchase ($100 value).
- Member cannot refer themselves or create a fake account to benefit off the referral system.
- Centrall APP reserves the right to add or remove tokens from the user’s account under our discretion.
Obligations of Buyer and Rights of Centrall APP
The Buyer acknowledges and agrees:
- To comply with the terms and conditions of Centrall APP platform at all times.
- To purchase the item as soon as Buyers Bid matches Seller’s price.
- To have a billing address and shipping address within one of the countries that Centrall APP supports.
- To allow charge on Credit card immediately on purchase and hold the funds in Escrow until the transaction is complete.
- Not to claim or receive any interest on the escrowed amount.
In the event of failure or rejection of payment for any reason to allow Centrall APP right to do, in its sole absolute discretion, to all or any or the following: Cancel all or any of Buyer’s orders pending through the platform; withhold refunds or payments due to Buyer; place limit on Buyer’s buying and selling privileges; Charge Buyer’s credit card for expenses, fees and costs incurred by Centrall APP in consequence of Buyer’s action or inaction; suspend temporarily or permanently Buyer’s account; Remove all or any of Buyer’s bids from the platform; and charge Buyer’s credit card an additional amount equal to 15% of the transaction amount as a service fee.
Obligation of Seller and Rights of Centrall APP
The Seller acknowledges and agrees:
- The Seller acknowledges and agrees:
- To represent accurately photos of products and packages.
- Not to create duplicate profiles.
- On purchase of the item through our platform, to ship the items via shipping carrier designated by Centrall APP within 2 business days of the purchase.
- Under no circumstances cancellation of listing, once a Bid is accepted.
Centrall APP does not guarantee that Seller items shall sell. Centrall APP and shall not provide any compensation for items that do not sell through Centrall APP platform. Further, Centrall APP does not guarantee how long it will take for a listing to appear on the platform after it is posted and shall not be responsible for unsold items resulting from any listing delays. Failure to fulfil orders will result in additional charges to Seller, including an additional charge equal to 15% of the transaction amount as service fee.
We will suspend or terminate a Seller’s account or withhold revenues under the following circumstances:
- Legal or Fraudulent services.
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy.
- Upload any Adult oriented services, Pornographic, Inappropriate/Obscene instead of photos of products.
- Spam, Nonsense, or Violent material.
- Photos of products that are misleading to Buyers.
Centrall APP does not check user uploaded / created content for violations of copyright or other rights. This is the responsibility of the Seller. If you believe any of the uploaded content violates your copyright or a related exclusive right or is in violation of a copyright, please notify us by email as soon as possible at firstname.lastname@example.org.
When you send an e-mail or chat electronically with Centrall APP, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that Centrall APP provides to you electronically satisfy legal requirement that such communications be in writing.
All items/products will be delivered to you or your specified destination by courier through our designated logistics partners.
The estimated delivery dates are only estimations and we will not be responsible for any delay in delivery. International delivery may also be subject to customs clearance procedures, which can cause delays beyond original delivery estimates. We will use our reasonable endeavors to deliver the goods or services within the times indicated. However, where delivery times and dates are given, they are for general guidance only and we will not be held liable for late delivery of goods caused by circumstances beyond our reasonable control.
The items/products for shipment internationally may be subject to taxes, customs duties and fees levied by the destination country (« Import Fees »), taxes and duties. The Buyer will be deemed as the importer of record in the destination country and will be responsible for all Import Fees.
The Seller or Centrall APP shall not be responsible for damage of products caused during the course of shipping and before delivery.
You are responsible for making arrangements to receive the goods and if the goods are held at the post office, because no one was available when the goods were delivered then it is your responsibility to swiftly collect the goods. It is important that the addresses supplied by you to us are accurate.
Centrall APP does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
In the event of the purchase transaction, the Seller shall ship the item to Centrall APP and Centrall APP shall visually inspect the item to confirm its authenticity, if the item is found authentic Centrall APP shall ship the item to the Buyer. However, in case of doubtful authenticity of the item both Seller and the Buyer shall be notified accordingly and refund shall be issued to the Buyer.
Seller is required to ship the items within two business days of the purchase. However, Centrall APP cannot guarantee a specific delivery time frame for any item. Once Centrall APP receives the item from a Seller it generally takes 1-2 business days to authenticate the item and ship it to a Buyer. The Buyer must promptly report to Centrall APP if the item is not received within 2 days of the latest estimated delivery date.
If a Buyer receives an item that it believes to be counterfeit, the Buyer must notify us in writing within 3 days after receiving the item, and we will commence an investigation into the item. The only returns we process will be when Buyer receives an unauthentic product, the Buyer must file a claim with tags still attached within 3 days of receiving the item.
Changes to Your Order
Centrall APP offers many opportunities to review, revise and cancel the order process before placing your order. You agree that you have reviewed your order and no further additions corrections or changes need to be made and that your order is final as is. You further agree that Centrall APP is not responsible for reviewing or revising or cancelling orders, products or images once an order has been placed.
Service Fees Charged to Buyer
The fees to use the Site and Site Services are paid solely by the Buyer. When a Buyer pays Centrall APP during checkout, or when funds related to an Engagement are otherwise released to us as required by the applicable Escrow Instructions, Escrow will credit the Seller Account for the full amount paid or released, and then subtract and disburse to Centrall APP a service fee. Buyer agrees to pay Centrall APP the Service Fee for using the Site’s communication, invoicing, and payment services or any other related services.
Suspension and Termination of Account and Service
Generally, a User Account will be considered active until we receive a user request to deactivate or delete it. However, we do not guarantee that the Website or any content contained on the Website will always be available or be uninterrupted. We reserve the right to limit, suspend, terminate, modify, or delete the User Account we provide to you or your access to our Services or portions thereof (including any Content you or other users submit) for any reason, with or without notice and at any time, including, without limitation, if you are, or we suspect that you are, improperly using the Services, violating any applicable laws or failing to comply with this Terms of Service. We also reserve the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily, for any reason, with or without notice to you, at which point your use of the Services or any part thereof will be automatically terminated or suspended.
Use of The Services
Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access, and use the Platform and Content solely for personal and noncommercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by Centrall APP or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to or assigned to you herein.
Centrall APP will not be liable on account of any inaccuracy of information on this web Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download publish, modify and distribute material on Centrall APP unless specifically authorized by Centrall APP in this regard,
Third Party Links, Content and Services
Any and all contents and services (including advertising) within Centrall APP that are not owned by Centrall APP are « third party content and services. » Centrall APP acts merely as an intermediary service provider and accepts no responsibility or liability for third party content and services. In addition and without limiting the generality of the foregoing, Centrall APP may include links to Websites operated by third parties, including advertisers and other content providers. Those Websites may collect data or solicit personal information from you. Centrall APP does not control such Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Websites may collect.
Ownership and Intellectual Property of the Website Content
This Website and all content forming part of the Website, including without limitation, all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of Canada.
You acknowledge and agree that Centrall APP owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights. You may not:
- modify or copy the layout or appearance of the Website or any computer software or code contained in the Website; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
This Website and all content forming part of the Website, including without limitation, all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of Canada.
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at email@example.com.
Intellectual Property Rights of the Products
Upon Seller’s receipt of full payment from us, the Product, including without limitation all Intellectual Property Rights in the Product, will be the sole and exclusive property of Buyer, and Buyer will be deemed to be the author thereof. If Seller has any Intellectual Property Rights to the Product that are not owned by Buyer upon Seller’s receipt of payment from Buyer, Seller hereby automatically irrevocably assigns to Buyer all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Seller retains no rights to use, and will not challenge the validity of Buyer’s ownership in, such Intellectual Property Rights. Seller hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Product. If payment is made only for partial delivery of Product, the assignment described herein applies only to the portion of Work Product delivered
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Limitation of Liability
WE SHALL NOT BE HELD LIABLE OR RESPONSIBLE IF THE SELLER INDULGES IN PLAGIARIZING OF INTELLECTUAL PROPERTY RIGHTS FOR PRODUCTS.
IN NO EVENT SHALL CENTRAL APP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CENTRALL APP. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT CENTRALL APP. SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY CENTRALL APP. FROM ITS FACILITIES IN CANADA. CENTRALL APP. MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
CENTRALL APP IS NOT A PARTY TO ANY AGREEMENT BETWEEN A BUYER AND SELLER AND WILL NOT BE LIABLE TO EITHER THE BUYER OR THE SELLER. FURTHERMORE, CENTRALL APP SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING AS A RESULT OF:
ANY MISHANDLING AND/OR ABUSE OF THE PRODUCTS BY YOU OR OTHER PERSONS;
USE OF ALL DELIVERED PRODUCTS BY YOU OR OTHER PERSONS IN ANY MANNER, WHETHER FORESEEABLE OR OTHERWISE. YOU SHALL ASSUME ALL RISKS ASSOCIATED WITH PRODUCT USAGE AND STORAGE UPON DELIVERY;
ANY DELAY IN DELIVERY OR PAYMENT; AND
INFRINGEMENT OF ANY THIRD PARTY RIGHTS, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS.
Disclaimer of Warranties
We do not warrant that any images of the products or its drafts shown on the site are true and accurate representations of the final products delivered or to be delivered to you.
The quality of the products commissioned through the site will meet your needs or expectations.
Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an « as is » and « as available » basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. We shall not be liable to you for any loss suffered in relation to your use or inability to use the website without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
We make every effort to verify statements and information submitted by the public and our members, the information compiled by us is based on information supplied by various individuals and businesses, it does not represent the views of Centrall APP. Centrall APP cannot be held responsible for any omissions or inaccurate claims that may appear.
The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Centrall APP reserves the right, in its sole discretion to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.
Entire Agreement / Severability
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Centrall APP, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either Centrall APP or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Governing Law and Arbitration
- Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Canada, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of British Columbia. Therefore, you agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Vancouver. This Agreement shall be governed by the internal substantive laws of the province of British Columbia, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, British Columbia or the Canada District Court, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.
- Arbitration. For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims we have for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as provided herein. Unless we agree otherwise, the arbitration will be conducted in the city/town where you reside. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESSWE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at firstname.lastname@example.org.