Terms & Conditions
1. Accepting These
Terms
This document and the other documents that we reference below make up our
house rules, or what we officially call our Terms of Use (the “Terms” for
short).
The Terms are a legally binding contract between you and IslamiSan’a. If
you live in North America or South America, the contract is between you and IslamiSan’a;
If you are a buyer on IslamiSan’a, the IslamiSan’a entity acting as
merchant of record may vary depending on the currency and location of your
payment instrument.
Please note that Section 11 contains
an arbitration clause and class action waiver, applicable to users in North and
South America, and explains how to opt out of arbitration. Unless you
validly opt out, you agree to resolve any disputes with IslamiSan’a exclusively
through binding individual arbitration, with only limited exceptions. This
means you and IslamiSan’a are waiving the right to sue in court, have a trial
by jury, or participate in a class or representative action. Please read this
Section carefully, as it affects your rights.
This contract sets out your rights and responsibilities when you use IslamiSan’a.com
, our mobile apps, and the other services provided by IslamiSan’a (we’ll refer
to all of these collectively as our “Services”), so please read it carefully.
By using any of our Services (even just browsing one of our websites or apps),
you’re agreeing to the Terms. If you don’t agree with the Terms, you may not
use our Services. Agree with us? Great, read on!
2. Those Other
Documents We Mentioned
IslamiSan’a’s Services connect people around the world, both online and
offline, to make, sell, and buy unique goods. Here’s a handy guide to help you
understand the specific rules that are relevant for you, depending on how you
use the Services:
Our House Rules for Everyone. If you use any of our Services, you agree to
these Terms, our Privacy Policy,
and our Anti-Discrimination
Policy.
Our House Rules
for Sellers. If you list any items for sale through our Services,
these policies apply to you. You can read them here.
Our House Rules for Buyers.
If you use our Services to browse or shop, these policies apply to you. You can
read them here.
Our House Rules
for Third Parties. These policies apply to intellectual property owners, IslamiSan’a API users, affiliates, and anyone
requesting information from IslamiSan’a .
Search, Advertising and Recommendation Ranking Disclosures. This is
a concise summary of how IslamiSan’a organizes search results and advertising
results that could include Your Content.
All of these policies are a part of our Terms, so be sure to read the ones
that are relevant for you. Of course, you’ll still want to read the rest of
this document because it applies to everyone!
3. Your Privacy
We know your personal information is important to you, so it’s important to
us. Our Privacy Policy details
how your information is collected, used and shared when you use our Services.
By using our Services, you're also agreeing that we can process your
information in the ways set out in the Privacy Policy, so please read it here.
Both IslamiSan’a and sellers process members’ personal information (for
example, buyer name, email address, and shipping address) and are therefore
considered separate and independent data controllers of buyers’
personal information under EU law. That means that each party is responsible
for the personal information it processes in providing the Services. For
example, if a seller accidentally discloses a buyer’s name and email address
when fulfilling another buyer’s order, the seller, not IslamiSan’a, will be
responsible for that unauthorized disclosure.
If, however, you (as a seller) and IslamiSan’a are found to be joint data
controllers of buyers’ personal information, and if IslamiSan’a is sued, fined,
or otherwise incurs expenses because of something that you did (or failed to
do) as a joint data controller of buyer personal information, then you agree to
defend and indemnify IslamiSan’a in accordance with Section 9 below.
4. Your Account with IslamiSan’a
You’ll need to create an account with IslamiSan’a to use some of our
Services. Here are a few rules about accounts with IslamiSan’a:
A. You must be 18 years or older to use our Services. Minors under 18
and at least 13 years of age are only permitted to use our Services through an
account owned by a parent or legal guardian with their appropriate permission
and under their direct supervision. Children under 13 years are not permitted
to use IslamiSan’a or the Services. You are responsible for any and all account
activity conducted by a minor on your account, and there may be commercial
products or services available that you may want to consider to limit a minor's
access to material online. For more information, see IslamiSan’a 's Minors Policy.
B. Be honest with us. Provide accurate information about yourself.
It’s prohibited to use false information or impersonate another person or
company through your account.
C. Choose an appropriate name. If you decide to not have your full
name serve as the name associated with your account, you may not use language
that is offensive, vulgar, infringes someone’s intellectual property rights, or
otherwise violates the Terms.
D. You're responsible for your account. You’re solely responsible for
any activity on your account. If you’re sharing an account with other people,
then the person whose financial information is on the account will ultimately
be responsible for all activity. If you’re registering as a business entity,
you personally guarantee that you have the authority to agree to the Terms on
behalf of the business. Accounts are generally not transferable.
E. Protect your password. As we mentioned above, you’re solely
responsible for any activity on your account, so it’s important to keep your
account password secure.
F. Let's be clear about our relationship. These Terms don't create any
agency, partnership, joint venture, employment, or franchisee relationship
between you and IslamiSan’a.
G. Cases and Appeals. To participate in our case system (as described
in Section 10), or to appeal an action by IslamiSan’a, you must have an
account.
5. Your Content
Content that you post using our Services is your content (so let’s refer to
it as “Your Content”). We don’t make any claim to it, which includes anything
you post using our Services (like shop names, profile pictures, listing photos,
listing descriptions, reviews, comments, videos, usernames, etc.).
A. Responsibility for Your Content. You understand that you are solely
responsible for Your Content. You represent that you have all necessary rights
to all parts of Your Content and that you’re not infringing or violating any
third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our
Services, you grant IslamiSan’a and, as authorized by IslamiSan’a in its sole
discretion, third parties, a license to use it. We don’t claim any ownership to
Your Content, but we have your permission to use it to help IslamiSan’a
function and grow. That way, we won’t infringe any rights you have in Your
Content and we can help promote it. For example, you acknowledge and agree IslamiSan’a
may offer you or IslamiSan’a buyers promotions on the Site, from time to time,
that may relate to your listings or other listings on IslamiSan’a.
C. Rights You Grant IslamiSan’a. (Here’s the legalese version of the
last section). By posting Your Content, you grant IslamiSan’a and, as
authorized by IslamiSan’a in its sole discretion, third parties, a
non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual
license to use, display, edit, modify, reproduce, distribute, store, and
prepare derivative works of Your Content. This allows us to provide the
Services and to promote IslamiSan’a, your IslamiSan’a shop, other shops and
listings, or the Services in general, in any formats and through any channels,
including across any IslamiSan’a Services, our partners, or third-party website
or advertising medium. You agree not to assert any moral rights or rights of
publicity against us for using Your Content. You also recognize our legitimate
interest in using it, in accordance with the scope of this license, to the
extent Your Content contains any personal information.
That sounds like a lot, but it’s necessary for us to keep IslamiSan’a
going. Consider these examples: if you upload a photo or video of a listing on
your IslamiSan’a shop, we have permission to display it to buyers, and we can
resize or enhance it so it looks good to a buyer using our mobile app; if you
post a description in English, we can translate it into French so a buyer in Lyon
can learn the story behind your item; and if you post a beautiful photo or
video of your latest handmade necklace, we can feature it– often along with
your shop name and shop picture– on our homepage, in one of our blogs or even
on a billboard to help promote your business and IslamiSan’a’s.
D. Reporting Unauthorized Content. IslamiSan’a has great respect for
intellectual property rights, and is committed to following appropriate legal
procedures to remove infringing content from the Services. If content that you
own or have rights to has been posted to the Services without your permission
and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your
Content is alleged to infringe another person’s intellectual property, we will
take appropriate action, such as disabling it if we receive a report of
infringement that complies with our policies, or terminating your account if
you are found to be a repeat infringer. We’ll notify you if any of that
happens.
E. Inappropriate, False, or Misleading Content. This should be common
sense, but there are certain types of content we don’t want posted on IslamiSan’a’s
Services (for legal reasons or otherwise). You agree that you will not post any
content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise
offensive or in violation of our Prohibited Items Policy, Community Policy, or any
part of our Terms. You also agree not to post any content that is false and
misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Your Use of Our
Services
License to Use Our Services. We grant you a limited, non-exclusive,
non-transferable, and revocable license to use our Services—subject to the
Terms and the following restrictions in particular:
A. Don’t Use Our Services to Break the Law. You agree that you will
not violate any laws in connection with your use of the Services. This includes
any local, state, federal, and international laws that may apply to you. For
example, it’s your responsibility to obtain any permits or licenses that your
shop requires, and to meet applicable legal requirements in applicable
jurisdiction(s). This includes the sale and delivery of your items, such as age
verification upon delivery, where required by law. You may not sell anything that violates any laws;
you must comply with our Sanctions Policy,
and you may not engage in fraud (including false claims or infringement
notices), theft, anti-competitive conduct, threatening conduct, or any other
unlawful acts or crimes against IslamiSan’a, another IslamiSan’a user, or a
third party.
B. Pay Your Bills. You are responsible for paying all fees that you
owe to IslamiSan’a. Except as set forth below, you are also solely responsible
for collecting and/or paying any applicable taxes for any purchases or sales
you make through our Services. Where applicable, IslamiSan’a will calculate,
collect and remit value-added tax or VAT and sales tax. Some countries may
refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll
just refer to VAT, GST, and any local sales taxes collectively as “VAT.” Please
see this FAQ and
our and our Fees &
Payments Policy for more information on taxes, including
details on the taxes IslamiSan’a collects and remits from the buyers. Your
fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.
C. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider
any page of the Services or to reverse engineer or attempt to obtain the source
code of the Services without our express permission. If you want to use our
API, please follow our API Terms of Use.
D. Don’t Try to Harm Our Systems. You agree not to interfere with or
try to disrupt our Services, for example by distributing a virus, excessive
requests to our site or platform, or other harmful computer code.
E. Follow Our Trademark Policy. The name " IslamiSan’a " and
the other IslamiSan’a marks, phrases, logos, and designs that we use in
connection with our Services (the IslamiSan’a Trademarks), are trademarks,
service marks, or trade dress of IslamiSan’a in the US and other countries. If
you’d like to use our trademarks, you agree to follow our Trademark Policy.
F. Share Your Ideas. We love your suggestions and ideas! They can help
us improve your experience and our Services. Any ideas or other materials you
submit to IslamiSan’a (not including Your Content or items you sell through our
Services) are considered non-confidential and non-proprietary to you. You grant
us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable,
perpetual license to use and publish those ideas and materials for any purpose,
without compensation to you.
G. Talk to Us Online. From time to time, IslamiSan’a will provide you
with certain legal information in writing. By using our Services, you’re
agreeing to our Electronic
Communications Policy, which describes how we provide that
information to you. It says that we can send you information electronically
(such as by email) instead of mailing you paper copies (it’s better for the
environment), and that your electronic agreement is the same as your signature
on paper.
7. Termination
Termination By You. We'd hate to see you go, but you may terminate
your account with IslamiSan’a at any time from your account settings. You can
find more information in this Help article.
Terminating your account will not affect the availability of some of Your
Content that you posted through the Services prior to termination. Oh, and
you’ll still have to pay any outstanding bills.
Termination By IslamiSan’a. We may terminate or suspend your account
(and any accounts IslamiSan’a determines are related to your account) and your
access to the Services should we have reason to believe you, your Content, or
your use of the Services violate our Terms. If we do so, it’s important to
understand that you don’t have a contractual or legal right to continue to use
our Services, for example, to sell or buy on our websites or mobile apps.
Generally, IslamiSan’a will notify you that your account has been terminated or
suspended, unless you’ve repeatedly violated our Terms or we have legal or
regulatory reasons preventing us from notifying you.
If you or IslamiSan’a terminate your account, you may lose any information
associated with your account, including Your Content.
We May Discontinue the Services IslamiSan’a reserves the right to
change, suspend, or discontinue any of the Services for you, any or all users,
at any time, for any reason, including those laid out in IslamiSan’a’s policies
under these Terms of Use. We will not be liable to you for the effect that any
changes to the Services may have on you, including your income or your ability
to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to
the Service is terminated, or your use of the Service ends.
8. Warranties and
Limitation of Liability (or the Things You Can’t Sue Us For)
Items You Purchase. You understand that IslamiSan’a does not
manufacture, store, or inspect any of the items sold through our Services. We
provide the venue; the items in our marketplaces are produced, listed, and sold
directly by independent sellers, so IslamiSan’a cannot and does not make any
warranties about their quality, safety, authenticity, or their legality. Any
legal claim related to an item you purchase must be brought directly against
the seller of the item. You release IslamiSan’a from any claims related to
items sold through our Services, including for defective items,
misrepresentations by sellers, or items that caused physical injury (like
product liability claims).
Content You Access. You may come across materials that you find
offensive or inappropriate while using our Services. We make no representations
concerning any content posted by users through the Services. IslamiSan’a is not
responsible for the accuracy, copyright compliance, legality, or decency of
content posted by users that you accessed through the Services. You release us
from all liability relating to that content.
People You Interact With. You can use the Services to interact with
other individuals, either online or in person. However, you understand that we
do not screen users of our Services other than to meet certain compliance and
legal obligations, and you release us from all liability relating to your
interactions with other users. Please be careful and exercise caution and good
judgment in all interactions with others, especially if you are meeting someone
in person. This Help
article has some good advice about handling in-person meetings.
Third-Party Services. Our Services may contain links to third-party
websites or services that we don’t own or control (for example, links to
Facebook, Twitter, and Pinterest). You may also need to use a third party’s
product or service in order to use some of our Services (like a compatible
mobile device to use our mobile apps). When you access these third-party
services, you do so at your own risk. The third parties may require you to
accept their own terms of use. IslamiSan’a is not a party to those agreements;
they are solely between you and the third party.
Promotions. IslamiSan’a special offers or promotions are managed by IslamiSan’a
in its sole discretion and redemption of and participation in such offers or
promotions are subject to IslamiSan’a 's sole discretion. IslamiSan’a is not
responsible for special offers or promotions provided by sellers.
WARRANTIES. IslamiSan’a IS DEDICATED TO MAKING OUR SERVICES THE BEST
THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU
UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND "AS
AVAILABLE" WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE
EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY
WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF
TRADE. WE DO NOT GUARANTEE
THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES
WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF
USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY
AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER IslamiSan’a
(INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES,
PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR
REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR
PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE
TERMS. IN NO EVENT SHALL IslamiSan’a’S AGGREGATE LIABILITY FOR ANY DAMAGES
EXCEED THE GREATER OF: (A) $100, (B) ANY AMOUNTS DUE UNDER THE IslamiSan’a
PURCHASE PROTECTION PROGRAM UP TO THE PRICE YOU PAID FOR AN ITEM SOLD BY A THIRD
PARTY ON IslamiSan’a (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL
SHIPPING COSTS, OR (C) THE AMOUNT YOU PAID IslamiSan’a IN FEES IN THE PAST 12
MONTHS PRIOR TO ANY ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. |
9. Indemnification
(and What Happens If You Get Us Sued)
We hope this never happens, but if IslamiSan’a gets sued or receives a
claim, notice, inquiry or demand because of something that you did (or failed
to do), you agree to defend and indemnify us. That means, without limitation,
you’ll defend, reimburse, compensate, and hold IslamiSan’a (including any of
our employees, officers, directors, agents, subsidiaries, and affiliates)
harmless from any allegation, claim, demand, lawsuit, loss, liability, or
expense of any kind (including reasonable attorneys’ fees) that arises from
your actions, your use (or misuse) of our Services, your breach of the Terms,
items you buy or sell through the Services, and/or your actual or alleged
violation of any law or any third party’s rights. We reserve the right to
handle our legal defense however we see fit, even if you are indemnifying us,
in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with
Other Users
If you find yourself in a dispute with another user of IslamiSan’a’s
Services or a third party, we encourage you to contact the other party and try
to resolve the dispute amicably.
Case System. Buyers and sellers who are unable to resolve a dispute
related to a transaction on our websites or mobile apps may participate in our
case system with a registered account. You can find details about the case
system in this Help
article. In our sole discretion, IslamiSan’a will attempt to help
you resolve disputes in good faith, but we will not make judgments or
determinations regarding legal issues or claims. IslamiSan’a has no obligation
to resolve, or to assist in resolving, any disputes.
Release of IslamiSan’a. You release IslamiSan’a from any claims,
demands, and damages arising out of disputes with other users or third parties.
11. Arbitration and
Dispute Resolution Agreement (North and South America)
If you’re upset with us, let us know, and we’ll work together in good faith
to resolve your issue. But if we can’t work it out, then you and IslamiSan’a
(including our employees, officers, directors, agents, subsidiaries, and
affiliates) agree to submit our disputes exclusively to binding individual
arbitration, and we won’t sue each other in court before a judge or jury,
except in the limited circumstances described below.
This Section 11 (which we’ll also refer to as the “Arbitration Agreement”
or “Agreement”) applies only if you are a user in North or South America, and
applies to the fullest extent allowable by law.
Please read this Section carefully, as it affects your rights.
A. Disputes that We’ll Arbitrate. You and IslamiSan’a agree to
mandatory individual arbitration for all claims arising from or relating to the
Services, these and prior versions of the Terms, any products, data, or content
bought, sold, offered, accessed, displayed, transmitted, or listed through the
Services, and actions or statements by IslamiSan’a or its users, in each case
including disputes that arose before the effective date of these Terms (each, a
“Dispute”). The exception is that we each may (1) bring qualifying individual
claims in “small claims” court, so long as those claims remain in small claims
court; and (2) seek injunctive relief in court for infringement or misuse of
intellectual property rights (like trademarks, copyrights, and patents). All
other Disputes must be arbitrated, which means you and IslamiSan’a are each
waiving your right to sue in court and have a court or jury trial.
B. Class and Representative Action Waiver. You and IslamiSan’a agree
that each of us may bring claims against the other only on an individual
basis, and not on a class, representative, or collective basis (and we each
waive any right we have to bring such claims). We each may only seek or
obtain individualized relief, and, except as provided in Section 11.F (Batch
Arbitration), disputes between us cannot be arbitrated or consolidated with
those of any other person or entity. If there is a final decision (after
exhaustion of all appeals) that any part of this Section 11.B is unenforceable
as to a particular claim or request for relief (e.g., public injunctive
relief), then solely that particular claim or request for relief shall be
severed from the arbitration and may be litigated in court (but only after the
arbitrator issues an award on the arbitrable claims and remedies).
C. Informal Dispute Resolution. Before filing an arbitration, you and IslamiSan’a
will try in good faith to resolve any Dispute informally. To start the dispute
process, you must send an individualized written notice (“Notice of Dispute”)
to turquazgrouptr@gmail.com that includes (1) your name, phone number, the
email address for your account, username and shop name (if applicable), and (2)
a description of the Dispute and how you’d like it resolved. If IslamiSan’a has
a Dispute with you, we will send a Notice of Dispute with the same information
to the email address for your account. Once a complete Notice of Dispute has
been received, the recipient has 60 days to investigate the claims. If either
side requests a settlement conference during this period, then you and IslamiSan’a
must cooperate to schedule that meeting by phone or videoconference. You and IslamiSan’a
each will personally participate and can each bring counsel, but the conference
must be individualized, even if the same firm(s) represent multiple parties.
For the claims in the Notice of Dispute, any statute of limitations will be
tolled from the date the notice is received until the later of (i) 60 days, or
(ii) after a timely requested settlement conference is completed (“Informal
Resolution Period”). An arbitration cannot be filed until the Informal
Resolution Period has ended, and a court can enjoin the filing or prosecution
of an arbitration in breach of this Section.
D. Arbitration Rules and Procedures. To initiate arbitration, either
you or we must file an arbitration demand with the American Arbitration
Association (“AAA”). You must serve IslamiSan’a with any arbitration demand by
mail to: IslamiSan’a. If IslamiSan’a has a dispute with you, we will send an
arbitration demand to the email address for your account. If the AAA cannot or
will not administer the arbitration in accordance with Section 11, you and we
will select another provider (and if we can’t agree, a court will choose the
provider).
The arbitration will be conducted in the English language by a single
arbitrator. Unless otherwise agreed by the parties or ordered by the
arbitrator, (i) if the amount in dispute is less than $25,000, the arbitration
will be conducted as a documents-only arbitration (i.e., there will be no
in-person or telephonic hearing); and (ii) if the amount in dispute is $25,000
or more, the arbitration will be held by videoconference (i.e., there will be
no in-person hearing). If an in-person hearing is required, it will be held in
the county where you live (for US residents), New York County, New York (for
non-US residents), or as determined by the arbitrator (in the case of Batch
Arbitration).
The arbitration will be decided under AAA’s Consumer
Arbitration Rules, as modified by this Agreement. But if you are
using the Services as a business (e.g., a seller or developer) and either your
or IslamiSan’a’s claims exceed $75,000, the AAA’s Commercial
Arbitration Rules will apply, as modified by this Agreement. As
in court, the arbitrator shall apply governing law and any counsel must comply
with Federal Rule of Civil Procedure 11(b); and the arbitrator may impose any
sanctions available under the AAA Rules, Rule 11, or other applicable law. The
arbitrator also shall enforce statutes of limitations and other time-based
defenses, offers of judgment/compromise, and fee-shifting rules in the same way
as a court would.
The arbitrator will have exclusive authority to resolve all issues, except
that a court has exclusive authority to decide issues related to the
arbitrability of a dispute, the enforceability of any part of this Section 11
(Arbitration and Dispute Resolution Agreement (North and South America)), and
either party’s compliance with Section 11.C (Informal Dispute Resolution).
Except as provided in Section 11.F (Batch Arbitration), the arbitrator can
award damages and other relief only in favor of the individual claimant, and
only to the extent necessary to provide relief warranted by the claimant’s
individual claim(s). The arbitrator will not be bound by decisions reached in
other arbitrations. The arbitrator’s award is final and binding on you and IslamiSan’a.
Judgment on the award may be entered in any court with jurisdiction.
E. Arbitration Fees. Payment of all filing, case-management,
administrative, hearing, and arbitrator fees (“Arbitration Fees”) will be
governed by the AAA’s rules and fee schedules, unless otherwise stated in this
Arbitration Agreement. If you are using the Services as a consumer and your
share of Arbitration Fees is more than you’d otherwise pay in court, let us
know, and IslamiSan’a will pay the difference on your behalf.
F. Batch Arbitration. To ensure efficient resolution, if within a
90-day period, 25 or more claimants submit Notices of Dispute or file
arbitrations raising similar claims (i.e., with the same or similar facts or
events and legal issues) and are represented by the same or coordinated
counsel, the disputes must be arbitrated in batches of up to 100 claimants each
(“Batch”). Specifically, upon notice from either side, the AAA shall group the
claimants into: (1) a single Batch (if there are 25-100 claimants), or (2)
Batches of 100 claimants each, with a smaller, final Batch consisting of any
remaining claimants (if there are more than 100 claimants). The AAA shall
thereafter provide for the resolution of each Batch as a single consolidated
arbitration with a single arbitrator appointed by the AAA, one set of
Arbitration Fees, and one hearing (if any) per Batch to be held by
videoconference (or in a place decided by the arbitrator). The parties will
cooperate in good faith to implement this process and minimize the time and
costs of arbitration, and agree that the AAA Mass Arbitration Supplementary
Rules shall apply, except as provided in this Section. Any challenges to
administrative determinations by AAA shall be heard by a single process
arbitrator. If this Section 11.F is deemed unenforceable as to a particular
claimant or Batch, then it shall be severed as to that claimant or Batch, and
those parties shall arbitrate in individual proceedings.
G. Opt out. If you are a new user of our Services, you can opt out of
this Arbitration Agreement (excluding Section 11.I) within 30 days after you
first accept the Terms. To opt out, you must send a timely email to turquazgrouptr@gmail.com
with your name, the email address for your account, your username and your shop
name (if applicable), and a request to opt out of arbitration. If you validly
opt out, neither IslamiSan’a nor you will be required to arbitrate as a result
of this (or any prior version of the) Arbitration Agreement, but the Terms (and
any other agreements between us) will otherwise apply to you. If we update the
Terms after you validly opt out, we will continue to respect your opt-out, but
such updates do not provide a new opportunity to opt out of arbitration.
H. Future Changes to the Arbitration Agreement. IslamiSan’a will
notify you of material changes to this Arbitration Agreement at least 30 days
before they become effective. You may reject future changes to the Arbitration
Agreement by emailing turquazgrouptr@gmail.com within 30 days after you receive
notice, including your name, email address associated with your account, your
username, and shop name (if applicable). Otherwise, you’ll be bound by the
change, and the modified Arbitration Agreement shall apply to all Disputes
between you and IslamiSan’a, including those arising before the effective date
of the changes, but excluding any claims pending in arbitration (or court, if
permitted) as of the effective date. If you reject a change, you’ll be bound by
the most recent version of the Arbitration Agreement before the change you
rejected.
I. Choice of Law and Forum. IslamiSan’a is based in Ankara, so if
there are claims between you and IslamiSan’a that aren’t subject to
arbitration, you and IslamiSan’a each agree to litigate those claims
exclusively in state or federal court in Ankara County, Ankara, and to submit
to the personal jurisdiction of those courts. The exception is if you file in
small claims court–you can do that in the county of your residence. Except as
prohibited by law, these Terms shall be governed exclusively by Ankara law,
without regard to conflict-of-law rules, and Turkey federal law (including the
Federal Arbitration Act). For clarity, this Section 11.I will continue to apply
even if you validly opt out of arbitration under Section 11.G.
12. Dispute Resolution
(Rest of World)
This Section 12 applies if your country of principal residence or
establishment is within Europe (including the European Economic Area,
Switzerland, and the United Kingdom), Asia, Australia, or Africa. Because your
contract is with IslamiSan’a, we each agree that the Terms and any disputes
between us will be exclusively governed by Turkish law, and exclusively decided
in the courts of ITurkey, except to the extent prohibited by law. If you are an
individual consumer, you may be entitled to invoke the mandatory consumer
protection laws of your country of residence, and/or to bring legal proceedings
in the courts of that country. If IslamiSan’a needs to enforce its rights
against you as an individual consumer, we will do so only in your country of
residence. The application of the United Nations Convention on Contracts for
the International Sale of Goods (CISG) is excluded.
If a dispute arises between you and IslamiSan’a, we encourage you to
contact IslamiSan’a
Support to seek a resolution, and/or to follow the Informal
Dispute Resolution process outlined in Section 11.C above. For EU sellers, IslamiSan’a
provides a complaint-handling system that is available free of charge and
easily accessible. Information about the Platform-to-Business (“P2B”) including
information about how we handle complaints. You may raise a concern or
complaint related to P2B . You or IslamiSan’a also may refer qualifying disputes
to mediation before the Centre for
Effective Dispute Resolution or resolution through the European
Commission's online dispute resolution platform.
13. Changes to the
Terms
We may update these Terms from time to time, including by adding entirely
new terms and deleting existing terms. If the changes are material, we’ll let
you know in advance by posting the changes through the Services and/or sending
you an email or message about the changes. Your use of the Services after the
effective date of the changes constitutes your acceptance of the updated Terms.
If you do not agree with the changes, you may close your account.
14. Some Finer Legal
Points
The Terms, including all of the policies that make up the Terms, supersede
any other agreement between you and IslamiSan’a regarding the Services. Except
as provided in Section 11, if any part of the Terms is found to be invalid or
unenforceable, that part will be limited to the minimum extent necessary and
severed so that the Terms will otherwise remain in full force and effect. Our
failure to enforce any part of the Terms is not a waiver of our right to later
enforce that or any other part of the Terms. We may assign any of our rights
and obligations under the Terms.
15. Contact
Information
If you have any questions about the Terms, please email us