1. Acceptance of Terms
The Terms are a legally binding contract between you (Customer) and TSK (TSK is a legal entity owned by Basma Mohammed Abdullah Elkhereiji’s Establishment for Telecommunication and Information Technology located in Saudi Arabia and it has no subsidiaries anywhere else).
This sheet is a contract between you and TSK and it sets out your rights and liabilities when you use www.thesocialkollective.com, TSK mobile apps, and the other services provided by TSK (if any), TSK website, TSK mobile app and other services will be referred to as our “Services”, so please read it carefully. By using any of our Services (even just browsing our website), you are agreeing to the Terms. If you do not agree with the Terms, you may not use our Services. You agree! Go ahead and read below.
Please note that Disputes with TSK contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding arbitration, which means that you waive any right to have those disputes decided in courts.
2. Related Policies / Rules
TSK is serving folks all over the world, both online and offline, to buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant to you, depending on how you use the Services:
These policies also apply to Intellectual property owners, anyone requesting information from TSK and TSK API users.
All of these policies are part of our Terms, so by accepting this terms sheet, you acknowledge that you have read and accepted the rules/ policies that are relevant to you.
3. Users’ Privacy
Any third party is considered separate and independent data controllers of buyers’ personal information. That means TSK is not responsible for the personal information gained by a third party out of TSK’s control (unauthorized gain of information) and without its negligent of protection.
4. The Account with TSK
For the purpose of using some of our services, you will need to create an account with TSK. Kindly adhere to the below rules concerning accounts with TSK:
A. You must be 18 or older to use our Services. Otherwise, if you are 13 or older, you may only use our Services under the supervision of a parent or legal guardian who manages your account. Children under 13 are not permitted to use TSK or the Services.
B. Provide accurate information about yourself. You grant that you are not using false information or impersonate another person or company through your account. Lability is on you.
C. It up to you not to have your full name serve as the name associated with your account. However, choose an appropriate name. You may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms.
D. You are solely responsible for any activity on your account. Your access information (username and password) are considered your e-signature and will be used as proof of the occurrence of the transaction. Billing information is also essential as if you are sharing your account with other people, then the person whose billing information is on the account will ultimately be responsible for all activities.
E. If you are registering on behalf of a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. In addition, you acknowledge that you are solely responsible for all activities occur in this account. Noting that your accounts are not transferable.
F. Be careful! Protect your password. As we mentioned above, you are solely responsible for any activity on your account, so it is highly important to keep your account password secure.
G. These Terms do not create legal relationships such as (ex. agency, partnership, joint venture, employment, or franchise) between you and TSK.
5. Users’ Content area
Whatever you post on our website, the app is considered “Your Content”. That includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it.
B. By posting Your Content through our Services, you permit TSK to use it. Means TSK has your permission to use it to help TSK function and grow.
C. What rights do you grant TSK? By posting Your Content, you grant TSK a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote TSK, your TSK shop, or the Services in general, in any formats and through any channels, including across any TSK Services or third-party website or advertising medium. Consider these examples: if you upload a photo of a listing on your TSK shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into Arabic so a buyer in GCC can learn the story behind your item.
D. Reporting Unauthorized Content. Intellectual property rights are highly respected by TSK. We commit to follow appropriate legal procedures to remove infringing content from the Services. If content that you own and it has been posted to the Services without your permission and you want it removed, please send us a request by any means on our contact information below. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice.
E. You have to know that there are certain types of content we do not allow it to be posted on TSK’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 any part of our Terms.
6. Misuse Of Our Services
You are licensed to use our Services but you are still subject to the Terms and the following restrictions in particular:
A. You agree that you will not violate any laws in connection with your use of the Services. This includes any Saudi or international laws that may apply to you. For example, theft, threatening conduct, or any other unlawful acts or crimes against TSK, another TSK’s user, or a third party.
B. You agree not to steal any of our Services pages or to reverse engineer or attempt to obtain the source code of the Services.
C. Harming our system or trying to harm our system will hold you liable. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or any harmful computer codes.
D. The name The Social Kollective its mark, logo, and designs that are used in connection with our Services, are trademarks, service marks, or trade dress of TSK in the Kingdom of Saudi Arabia and other countries. Thus, you are forbidden from using it by any means. If you would like to use our trademark, you need to contact us for a permission. Otherwise, you will be liable for the illegitimate use of the trademark.
7. To Do
A. Please pay all fees that you owe to TSK. You are solely responsible for paying bills, including and not limited to, purchased items fees, bank fees and any applicable taxes for any purchases you make through our Services. Your fees, bills, taxes (i.e., VAT), and how you can pay them are fully explained under our Policy (Fees & Payments Policy).
B. We are always looking to improve your experience and our Services. So, your suggestions and ideas are welcomed. Any unsolicited ideas or other materials you submit to TSK (not including Your Content) 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.
C. For the environment! we may send you information electronically (by email, etc.) instead of mailing you paper copies. By using our Services, you’re agreeing to the E-Communications and your electronic agreement will be considered as the same as your signature on paper.
Upon termination, you may lose any information associated with your account, including Your Content.
You may terminate your account with TSK at any time from your account settings. Note that if you terminate your account some of Your Content that you posted through the Services prior to termination will remain available. Termination does not mean you are free. You will still have to pay any outstanding bills.
TSK also may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it is essential to understand that you don’t have a contractual or legal right to continue to use our Services. Means you are not allowed to buy from our websites or mobile apps. In addition, you are not allowed to post anything to your content area or anywhere else on our services. TSK may refuse service to anyone, at any time, for any reason.
TSK reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you.
9. Warranties and Limitation of Liability
Our liability is limited to what we do, conduct or offer.
A. We believe that we present high-quality products on our Services. However, you understand that TSK does not manufacture any of the items sold through our Services. The items in our marketplaces are manufactured by well-selected factories and companies. TSK will provide manufacture warranties if provided by the origin manufacturers (If available for some items). We cannot warranty the items’ quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the producing company of the item. You release TSK from any claims related to items sold through our Services.
In case of any defects, If possible, we will replace the defected item. In addition, TSK will help you to resolve any related issues and contact the producing company for you. You may raise a request to TSK Customer service on +966506555811
We represent! So, we are liable for any misrepresentations as the producer has no right to representation. or items that caused physical injury (like product liability claims).
B. 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. TSK is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release TSK from all liability relating to that content.
C. You can use the Services to interact with other individuals. However, you understand that we do not screen users of our Services, and you release TSK from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.
E. You acknowledge that TSK does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit the use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
F. You know we are not perfect and sometimes things can go in undesirable directions. We will be devoted to making our Services the best as possible. Yet you understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
G. 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.
H. To the fullest extent permitted by law, neither TSK, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall TSK’s aggregate liability for any damages exceed the greater of five hundred (500) Saudi Riyal or the amount you paid TSK in the past six months.
If TSK gets sued because of something that you conducted, you agree to defend and indemnify us. That means you’ll defend TSK (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense whenever and anyway we see appropriate, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
With TSK: We will do our best to keep you happy. So, please contact us if you upset with us and we will endeavor to resolve your issue. In case that fails then the below rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the Kingdom of Saudi Arabia, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live.
B. Arbitration. You and TSK agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the Arabic language, administered and governed by Saudi Arbitration Law. Any arbitration under the Terms will take place on an individual basis, class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and TSK are each waiving the right to litigation.
Regarding the Costs of Arbitration. Payment for any and all reasonable filing, administrative, and arbitrator fees will be in accordance with the Saudi Arbitration Law. If the value of your claim does not exceed $10,000, TSK will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Arbitration Forum is where we based in Jeddah, so any legal action against TSK related to our Services must be filed and take place in Jeddah. That means the seat of any arbitration shall take a seat Jeddah.
C. Government Exception. If you are a government agent or entity in the Kingdom of Saudi Arabia using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the Kingdom of Saudi Arabia. Also, the jurisdiction is the commercial court in Jeddah.
D. Modifications. If we make any changes to this “Disputes with TSK” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against TSK prior to the date the changes became effective. TSK will notify you of substantive changes to the “Disputes with TSK” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send TSK a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and TSK in accordance with the provisions of this “Disputes with TSK” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
With Other Users: If you find yourself in a dispute with another user of TSK’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. It is not an obligation! However, in TSK’s sole discretion, it will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies. You release TSK from any claims, demands, and damages arising out of disputes with other users or parties.
12. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we will definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and TSK regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
14. Contact Information
If you have any questions about the Terms, please email us at: email@example.com