Terms & Conditions

Welcome to Kollectin! Kollectin is brought to you by POSNAP INC (referred to in these Terms as "we", "us", "our", and "Kollectin"). We are a company incorporated in California, United States.

These Terms & Conditions ("Terms") together with our Privacy Policy (collectively, the "Terms") govern your access to and use of Kollectin's websites, mobile applications and other platforms Kollectin owns or controls and makes available to you (the "Services"), and any other linked pages or blogs, features, content (including any information, text, graphics, photos, lists of items compiled by you, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services), or applications offered from time to time by Kollectin in connection therewith (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

1. BASIC TERMS

You are solely responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display on the Services (including product reviews, the items you select as part of "Saved Items") will be able to be viewed by other users of the Services and through third party services and websites. You can go to your account "Settings" page to disable your account, in which case no one will be able to view your Content and you will be logged out. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you are at least 18 years of age. We do not knowingly market or sell products for purchase by children. You may only buy items from Kollectin if you are legally capable of forming a binding contract with Kollectin (or if you are under 18 years old, but over 13 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Services under the laws of the United States or any other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you open an account on behalf of a company, organization, or other entity, then: "you" includes you and that entity; and you represent and warrant that you are authorized on behalf of that entity to bind the entity to these Terms; and you agree to these Terms on the entity's behalf.

The Services that Kollectin provides are always evolving and the form and nature of the Services that Kollectin provides may change from time to time without prior notice to you. In addition, Kollectin may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Kollectin retains the right to create limits on use and storage at its sole discretion at any time without prior notice or any liability to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Kollectin on the Services are subject to change. In consideration for Kollectin granting you access to and use of the Services, you agree that Kollectin and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

2. ACCOUNT REGISTRATION

In order to register, you are required to provide your username, email address and password and year of birth. You are also able to add a profile picture and bio, and add user preferences.

All personal details disclosed by you on the Services will be collected and processed in accordance with our Privacy Policy. You warrant that all the information you provide to us is accurate and complete.

You are solely responsible for keeping your registration and other personal details (including your username and password) for your account confidential.

You shall promptly notify Kollectin of any actual or suspected unauthorized third party access to your account. You shall co-operate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorized receipt, access or use of your account by any third party.

You warrant that all registration information and personal details provided to Kollectin is true and accurate.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes.

3. FACEBOOK & GOOGLE CONNECT

You can also register using Facebook or Google Connect, which allows you to register with Kollectin via your Facebook or Google account. If you decide to do this, you give us permission to access basic information from your Facebook or Google account. This information is collected by Facebook or Google, and is provided to us under the terms of Facebook and Google’s privacy policy. We have no control over individual account privacy settings on such services or policies on how your personal information will be used. You and Facebook or Google are in control of these matters, not us. Before using these features, you are encouraged to read all policies and information on Facebook and Google to learn more about how they handle your information. Kollectin is not responsible for any acts or omissions by Facebook or Google and any connected social media service providers' use of features that come from Facebook or Google’s platform.

4. BUYING PRODUCTS THROUGH KOLLECTIN

Kollectin is an online intermediary which partners with some of the world's best known brands to give you a wide array of fashion items to buy.

Here’s how to buy products through Kollectin:

Buying on Kollectin via the Kollectin Checkout

We operate an Integrated Kollectin Checkout service, allowing you to add multiple items from various Kollectin Partners to your shopping basket and checkout all these items on Kollectin and through the Services. It is a neat and efficient way of buying all your fashion items in one go. In order to process these payments we will need to share your personal data, shipping details that are related to such transactions with each of the Kollectin Partners from whom you are purchasing the products, but only using our secure systems. The personal data, shipping details you provide to us will be collected, stored and processed in accordance with our Privacy Policy and in accordance with the privacy and cookies policies of the Kollectin Partners from whom you have purchased the products. These Kollectin Partners are solely responsible for their use of your personal data, shipping details and payment details once we share the data with them, and you should carefully review their privacy policies before completing a transaction on our Integrated Checkout service.

Payments made on Kollectin via Kollectin’s Checkout service will be processed either by Stripe, a third party payment process provider.

When using Stripe checkout on our Kollectin Checkout service, you will need to provide your payment information and billing details to Stripe and Stripe will process payment. Your credit card details will not be passed on to the Kollectin Partners from whom you are purchasing the products but your billing information will be shared so that the transaction can be completed. In order to place an order on via Kollectin Checkout using Stripe Checkout you will need to accept Stripe’s terms and conditions. Please make sure that you carefully review Stripe’s full terms and conditions before completing a transaction on the Kollectin Checkout. More information about Stripe’s full terms and conditions are available here.

Please note to make it a seamless shopping experience for you, Kollectin is responsible for the fulfilment of your order, you should contact the Kollectin directly in respect of any queries you have on the delivery, refund, exchange or return of the items you purchase.

5. PAYMENTS

Payments on Kollectin via our Kollectin Checkout service

a) Stripe payment processing

For certain transactions made via Kollectin Checkout, we use a third party payment process provider called Stripe. When you place an order via Kollectin Checkout in respect of which Stripe processes payments, Stripe will use your credit card to process the transaction. For any transactions processed by Stripe, we will provide Stripe with the details of your card as well as your billing information. All billing and customer information transmitted by Kollectin will be fully encrypted and only used to process card transactions which you have initiated. For further details of how your information is kept secure, please see Stripe’s  Payment Terms section.

b) Payment methodsThere are certain payment methods that you cannot use on the Services. Kollectin may not accept:

• Checks or postal orders
• Cash in any currency
• Purchase orders
• International wire transfers
• Direct debits or standing orders
• PayPal
• Bank transfers

c) General information about online payments

However you pay for an item, you will need to follow instructions on the relevant checkout page. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery.

We take reasonable care to make our site secure. All billing and customer information transmitted by Kollectin will be fully encrypted and only used to process card transactions which you have initiated.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering through the Services.

6. TAXES AND DUTIES

Orders may be subject to additional taxes, duties and charges. Please be aware that the price of a Product may change at checkout if it is subject to any taxes, duties, fees, levies or delivery charges applied in the country you have selected for the delivery of your order. Where possible, Kollectin will calculate these charges on your behalf and add them to the total cost of your order.

Where it is not possible for Kollectin to calculate and charge additional taxes, duties and charges at checkout, including customs charges, you may be responsible for the payment of these charges when you receive your order.

7. CURRENCY CONVERSIONS

You may place an order on Kollectin Checkout from a retailer whose original prices are in a different currency from that applicable to your location. Where this is the case, Kollectin will show you the prices in the currency applicable to your location. When calculating the final order price, we add a small percentage (between 1% and 3%) to the total price to account for any currency fluctuations. This is to prevent the order from failing because of real time currency fluctuations. If, when the retailer processes the order, there has been an overpayment, the retailer will refund any such overpayment back to your original payment method via the payment process provider.

8. ACCESSING THE SERVICES

Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the Services at any time.

From time to time, we may restrict access to some or all parts of our Services.

You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all persons who access Services through your internet connection are aware of these Terms, and that they comply with them.

9. CONTENT ON THE SERVICES

All Content you post on the Services (such as images, videos & product reviews) is the sole responsibility of the person who originated such Content.

Although Kollectin does not routinely screen or monitor content posted by users of the Services, Kollectin reserves the right to do so and to remove content which violates these Terms (or applicable law) of which Kollectin becomes aware, but Kollectin is under no obligation to do so. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. If we are notified by a third party that the Content you submit or post is in violation of these Terms or any applicable law, either in letter or in spirit of these Terms, we reserve the right to remove such Content from the Services without notice to you.

Kollectin does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed by users of the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Kollectin be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 the Services or broadcast elsewhere.

Following termination or deactivation of your account, or if you remove any Content from the Services, we may retain your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, we and other users of the Services may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.

We allow you to follow other Kollectin users and items they have compiled on the Services. By using the Services, you agree to allow other users of the Services to follow you.

10. YOUR RIGHTS

You retain your rights, including copyright and other intellectual property rights, to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services from time to time, you grant Kollectin a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works from, and distribute such Content in any and all media or distribution methods (whether now known or later developed).

You agree that this license includes the right for Kollectin to make such Content available to other companies, organizations or individuals who partner with Kollectin for the syndication, broadcast, distribution or publication of such Content on other media and services.

You agree that no compensation will be payable to you in respect of any of the foregoing uses by Kollectin, or other companies, organizations or individuals who partner with Kollectin with respect to the Content that you submit, post, transmit or otherwise make available through the Services. You waive all moral rights (or similar or equivalent rights in other jurisdictions) you have in such Content to the fullest extent permitted by law.

Kollectin may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and Kollectin's third party partners. You understand that your Content may be used, reproduced or displayed by Kollectin's Partners and if you do not have the right to submit Content for such use, it may subject you to liability. Kollectin will not be responsible or liable for any use of your Content by Kollectin in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Kollectin gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive license to use the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Kollectin, in the manner permitted by these Terms.

The rights in the Service are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the Services.

11. KOLLECTIN RIGHTS

All right (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the Content (excluding Content provided by users of the Services) including but not limited to all information, data, text, maps, graphics, the "look and feel", logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Kollectin and its licensors. The Services are protected by copyright, trade mark, and other laws and treaties around the world. All such rights in the Services, Content (excluding Content provided by users of the Services) and related material are reserved.

KOLLECTIN is a registered trade mark of POSNAP INC. Both the trade mark and the Kollectin logo are owned by us and cannot be used without our prior written consent. Nothing in the Terms gives you a right to use the Kollectin name or any of the Kollectin trade marks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Kollectin, or the Services is entirely voluntary and Kollectin will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.

You may print off one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others within your organisation to material posted on our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not copy any part of the Content, with a view to creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.

If you copy or download any part of the Services or Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

12. RESTRICTIONS ON CONTENT AND USE OF THE SERVICES

You shall not use the Services:

a) in any way that violates any local, national or other laws or regulations or any order of a court in any relevant jurisdiction;

b) for any purpose that is not permitted by these Terms;

c) in any way that infringes the rights of any person or entity, including their copyright, trade mark or other intellectual property rights, or other privacy or contractual rights;

d) to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind;

e) in any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other user;

f) in any way that promotes or incites, whether intentionally or unintentionally, racism, bigotry, hatred or physical harm of any kind;

g) in any way that is abusive, defamatory, inaccurate, obscene, offensive, objectionable or sexually explicit;

h) to post photographs or images of another person without his/her permission (and if a minor, the permission of the minor's legal guardian);

i) to promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;

j) to access, tamper with, cause damage to, or use non-public areas of the Services, Kollectin's computer systems, servers or equipment or the technical delivery systems of Kollectin's providers;

k) to access or attempt to access any data of other users of the Services or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

l) in any way that intentionally or unintentionally deceives, defrauds or swindles any other user;

m) to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services, including but not limited to cancelbots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;

n) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;

o) to copy, modify, or distribute any other users' Content without their consent;

p) for commercial purposes other than as expressly permitted in these Terms;

q) to bypass measures used to prevent or restrict access to the Services;

r) to solicit or provide unlawful services;

s) to harvest or otherwise collect information about others without their consent;

t) to gain unauthorized access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services;

u) to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

v) to scrape, crawl or spider or otherwise use the Services or any Content for phishing, spamming, trolling or any unauthorized (commercial) purpose; or

w) to promote or support or solicit involvement in any political platform or cause, religion (recognized as organized or unorganized), cult or sect of any kind; or

x) in any way which would violate applicable UK, US or international trade sanctions law.

Kollectin reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Kollectin also reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or; (v) protect the rights, property or safety of Kollectin, its users and the public.

Except as permitted through the Services (or these Terms), you have to use the Kollectin API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.

While we will do what we can to protect the security of your Content and account, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

13. PROMOTIONS

Kollectin Promotions terms and conditions (“Kollectin Promotion Terms”)

From time to time, Kollectin may run promotions, including promotional discount codes, which apply to orders made on the Integrated Checkout on our site. These Kollectin Promotion Terms apply to all Kollectin promotions. Each Kollectin promotion will also have specific terms and conditions. The specific terms and conditions for current Kollectin promotions will be displayed in this section and/or in any communication you may receive informing you of the promotion (usually email). If there is a conflict between these Kollectin Promotion Terms and the specific promotion terms, the specific promotion terms will prevail.

By using a promotional code and/or taking part in a Kollectin promotion you will be deemed to have read and understood the applicable terms and agreed to be bound by them. The Terms displayed on the Kollectin sites shall apply to all Kollectin promotions.

Kollectin promotions only apply to purchases made on Kollectin Checkout on our app and site and are not valid on the websites of any of our Retailer Partners. Kollectin promotions are an arrangement between you and Kollectin, and not between you and the Retailer Partner. As such, any discount will not be reflected in communications you may receive from the Retailer Partner regarding the order. Kollectin promotional codes have no cash value, cannot be transferred, forwarded or reassigned and cannot be redeemed for cash. Kollectin promotional codes cannot be used in conjunction with any other offer.

For promotional codes, you will need to enter the promotional code in the “Kollectin Promo Code” box on the cart page and click “apply” to obtain the discount.

Kollectin reserves the right to suspend, change or cancel any promotion, at any time, at our discretion. Kollectin may update these Kollectin Promotion Terms from time to time and reserves the right to add to them as and where necessary. You should review these Kollectin Promotion Terms periodically for changes.

If you return items bought using a promotional offer, any refund you may be entitled to receive will not include the redemption value of that promotional offer. You will receive no more than the amount you paid towards the final basket price.

14. SANCTIONS

Kollectin complies with all applicable US sanctions law in accordance with Kollectin’s sanctions policy.

15. THE SERVICES ARE AVAILABLE “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis.

Without limiting the foregoing, KOLLECTIN AND ITS PARTNERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATION), GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED.

Kollectin makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content thereon. Kollectin will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Kollectin has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Kollectin makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Kollectin or through the Services, will create any warranty not expressly made herein.

We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any Content posted on it, or on any website or application linked to it.

We are not liable to you for any inability to access the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).

16. LIMITATION OF LIABILITY

THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOLLECTIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY:

         (i) LOSS OF PROFITS, SALES OR CONTRACTS;

         (ii) LOSS OF INCOME OR REVENUE;

         (iii) LOSS OF BUSINESS OPPORTUNITY OR GOODWILL OR REPUTATION;

         (iv) LOSS OR CORRUPTION OF DATA OR INFORMATION;

         (v) LOSS OF ANTICIPATED SAVINGS;

         (vi) WASTED MANAGEMENT OR OFFICE TIME; OR

         (vii) ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,

ARISING FROM OR IN ANY WAY CONNECTED TO:

         (i) YOUR ACCESS TO OR USE OF THE SERVICES;

         (ii) YOUR DELAY IN USING, OR INABILITY TO ACCESS OR USE THE SERVICES;

         (iii) THE FULFILLMENT OF YOUR ORDERS FROM OUR KOLLECTIN PARTNERS ONCE YOU HAVE PLACED AN ORDER THROUGH KOLLECTIN, INCLUDING BUT NOT LIMITED TO THE DELIVERY, EXCHANGE, RETURN OR REFUND OF ITEMS YOU HAVE PURCHASED FROM KOLLECTIN PARTNERS;

         (iv) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;

         (v) USE OF ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES; OR

         (vi) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.

NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SERVICES, SHALL BE LIMITED TO £100.

NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER OR LIMIT OR EXCLUDE OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER LAW.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

17. YOUR LIABILITY

THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.

You are responsible, and assume liability, for all Content that you add, or link to, the Services. You agree not to hold us responsible for things other users say or do through the Services. If you have a dispute with another user, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, COSTS, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENSE OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES)) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.

18. TERMINATION

We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason, including (without limitation) in circumstances where;

         (i) we have reasonable grounds to suspect unauthorized or fraudulent use of the Services;

         (ii) we reasonably suspect that you have not complied with these Terms; or

         (iii) we reasonably suspect a breach of confidentiality or infringement of our intellectual property rights by you or a third party;

and to the maximum extent permitted by the law, we expressly exclude all relevant conditions, warranties of any kind (either express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity in relation to any liability that you may claim we owe to you in respect of such suspension, withdrawal or amendment.

On termination of these Terms (for whatever reason) all licenses and rights granted to you in relation to the Services shall immediately come to an end.

19. WAIVER & SEVERABILITY

The failure of Kollectin to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

20. Governing Law And Jurisdiction

The California courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Services. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of California.

21. ENTIRE AGREEMENT

These Terms are the entire and exclusive agreement between Kollectin and you regarding the Services (excluding any services for which you have a separate agreement with Kollectin that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Kollectin and you regarding the Services. Other than members of the group of companies of which Kollectin is the parent, no other person or company will be third party beneficiaries to the Terms.

You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty, or undertaking not expressly incorporated in them.

If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution at the address given below or via e-mail at hello@Kollectin.com.. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Any failure by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

The Services licensed personally to you and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party.

We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honor your rights under them.

Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.

Kollectin may revise these Terms from time to time, the most current version will always be available here. If the revision, in Kollectin's sole discretion, is material Kollectin will notify you via an e-mail to the email associated with your account. By continuing to access or the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by POSNAP INC., 2112 Chestnut Street, Alhambra, CA 91803. If you have any questions about these Terms, please contact us.

This Agreement has been drawn up in the English language. In case of discrepancies between the English text version of this Agreement and any translation, the English version shall prevail.

22. MEMBER LEVEL & EARNINGS

For information regarding the types of member levels and its associated earning packages, please refer to Support pages on Kollectin app.

*Please note the Support Pages of the app may not be displayed in its entirety based on at-the-moment app revisions. For complete details, please contact us.

23. DATA COLLECTION

• When you create an account, we collect your name, email address, encrypted password, date of birth. 
• When you make an order through the services, we or our third-party payment provider will collect  payment detail, shipping and billing information, and what products you brought to process the transaction. 
• When you claim to return items, we collect the information about the items and the reasons for your return. 
• When you create a store, we store what items you selected for your store to sell. 
• We use a referral system if any user signs up through the invite code you provided, we record this relationship between you and that user. 
• If you upload photos to your store, we keep these photos so other user can view these items in your store with your photos. 
• When use AR experience, or share a photo through AR experience mode, we store these photos for you to download. 
• With our earning bling system, you can convert the blings into cash and redeem it. You will need to provide your name, address, social security number, bank account number, and bank routing number to our third-party payment provider stripe to proceed. we do not keep those data at this procedure. 
• We use payment service provider Stripe to process a credit card payment, we do not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to Stripe’s Privacy Policy. 

When you using our Services, some information is automatically collected from our system. Such as your geographic location, how you use the Services, information about the type of device you use, your mobile network information, your Open Device Identification Number (“ODIN”), date and time of your visit, your unique device identifier (“UDID”), and your browser type, operating system, Internet Protocol (IP) address, and domain name are all collected. This information is generally used to help us deliver the most relevant information to you and administer and improve the Services. In addition, in the event our App crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our App. 
 
We work with third-party analytics companies, Google and firebase, to collect information anonymously and report website trends without identifying individual visitors. These services allow us to view a variety of reports about how visitors interact with the Services so we can improve our website and understand how people find and navigate it. 

Kollectin Hey Mini Ai-Assistant Terms

These supplemental Terms of Use ("Terms") apply to the conversational experience on Kollectin as well as any other Ai powered generative experiences on Kollectin (the “Ai- Assistant”), and together with the HeyMini Ai-Assistant, the “Online Services”). These Online Services are intended to delight, inspire, and enhance human creativity. By using any of the Online Services, you agree to the terms below.

Eligibility and Use Requirements. To use the complete Online Services, you must have a current Kollectin account, and you must be a signed-in Kollectin Seller Account. After initial roll-out of the HeyMini Ai-Assistant, which will be limited to users who sign-up to the experience waitlist, and are selected to use the Ai-Assistant, we may not require you to be signed in with your Kollectin account or be signed-in to Kollectin Seller Account. Your use of the Online Services is governed by these terms (this "Agreement"), as well as the Posnap Inc., DBA Kollectin Services Agreement, which is incorporated on this page. You agree that the Online Services constitute a Service, as defined in the Kollectin Services Agreement. If there is any conflict between this Agreement and the Kollectin Terms and Conditions Agreement, the conflicting provision in this Agreement will control.

Your use of the Online Services is also subject to the Posnap Inc., DBA Kollectin Privacy Statement, which describes our collection, use and disclosure of information relating to your use of the Online Services.

HeyMini Ai-Assistant waitlist. The Mini Ai-Assistant and other related features will initially not be available to all Kollectin users. They will be available only to users who request to be added to a waitlist and then after signing up for such waitlist, Posnap Inc., DBA Kollectin will have the right in its sole discretion to add users to the Online Services, however Kollectin so determines.

Using the Online Services. Kollectin Ai-Assistant allows you to submit text inputs (“Prompts”). In the case of the Ai-Assistant, it may allow you to submit Prompts and converse with an online computer-powered chatbot and in certain circumstances generate text content (“Text Creations,”, the “Creations”). Your use of the Online Services must comply with the Online Services Code of Conduct ("Code of Conduct"). By using the Online Services you are affirming that you have read the Terms and Conditions of Use and Code of Conduct, understand it, and agree to abide by it.

You must use the Online Services and the generated Creations only (i) in a lawful manner and in compliance with all applicable laws; (ii) in accordance with this Agreement, the Code of Conduct, Kollectin Services Agreement, or other Kollectin documentation directed to the Online Services; and (iii) in a manner that does not infringe or attempt to infringe, misappropriate or otherwise violate any of our rights or those of any other person or entity (for clarity, "manner" includes without limitation the method, purpose and/or means of causing or attempting to cause the Online Services to generate content).

Due to the nature of the Online Services, Creations may not be unique across users and the Online Services may generate the same or similar output for Kollectin or other users. Other users may also ask similar questions and receive the same, similar or different responses.

These Online Services, including machine to human conversational interactions, may include promotions.

Violations. Serious or repeated violations of the Code of Conduct may result in your suspension from whichever Online Services were involved in the violations or, potentially, all of the Online Services and other Services (as defined in the Kollectin Terms and Condition Agreement). You may appeal against your suspension from the applicable Service by submitting an appeal through the relevant Service user interface. We reserve the right to permanently suspend your use of the Online Services.

Suspension and Cancellation. In addition to paragraph 4, we reserve the right to suspend or discontinue offering or supporting all or part of any of the Online Services at any time and for any reason, to some or to all customers. Subject to the requirements of law, we may limit, suspend, or terminate your use of any of the Online Services at any time without notice and for any reason, including (without limitation) if you breach this Agreement (including by failing to comply with the Code of Conduct), if we suspect you are engaged in fraudulent or illegal activity, or if your Kollectin account is suspended or closed by us or by you.

Use of Creations. Subject to your compliance with this Agreement, the Kollectin Services Agreement, and our Content Policy, you may use Creations outside of the Online Services for any legal personal, non-commercial purpose.

Ownership of Content.  Kollectin does not claim ownership of Captions, Prompts, or any other content you provide, post, input, or submit to, or receive from, the Online Services (including feedback and suggestions). However, by using the Online Services, posting, uploading, inputting, providing or submitting content you are granting Kollectin, its affiliated companies and third party partners permission to use the Captions, Prompts, and related content in connection with the operation of its businesses (including, without limitation, all Kollectin Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Captions, Prompts, Creations, and other content you provide; and the right to sublicense such rights to any supplier of the Online Services.

No compensation will be paid with respect to the use of your content, as provided herein. Kollectin is under no obligation to post or use any content you may provide, and Kollectin may remove any content at any time in its sole discretion.

You warrant and represent that you own or otherwise control all of the rights to your content as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content.

No Guarantees; No Representations or Warranties; Indemnification by You. We plan to continue to develop and improve the Online Services, but we make no guarantees or promises about how the Online Services operate or that they will function as intended. The Online Services are for entertainment purposes; the Online Services are not error-free, may not work as expected and may generate incorrect information. You should not rely on the Online Services and you should not use the Online Services for advice of any kind. Your use of the Online Services is at your own risk.

Kollectin does not make any warranty or representation of any kind that any material created by the Online Services does not infringe the rights of any third party in any subsequent use of the content you may use (including but not limited to copyright, trademark, rights of privacy and publicity, and defamation). You must use any content from the Online Services in accordance with applicable law and subject to any third-party rights. In addition, you agree to indemnify and hold harmless Kollectin, its affiliates, employees and any other agents from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Online Services, including your subsequent use of any content from the Online Services and your breach of these Terms, Kollectin Terms and Conditions Agreement, the Code of Conduct or violation of applicable law.

Code of Conduct

While the use of Kollectin Ai-Assistant (collectively, the “Online Services”), is governed by the Code of Conduct section of the Kollectin Terms and Conditions agreement, this document provides another level of explanation about how the Code of Conduct applies within these Online Services.

By using the Online Services you agree:

Not to engage in activity that is harmful to you, the Online Services, or others. Do not attempt to create or share content that could be used to harass, bully, abuse, threaten, or intimidate other individuals, or otherwise cause harm to individuals, organizations, or society.

Not to engage in activity that violates the privacy of others. Do not attempt to create or share content that could violate the privacy of others, including disclosure of private information (sometimes known as “doxing”).

Not to engage in activity that is fraudulent, false, or misleading. Do not attempt to create or share content that could mislead or deceive others, including for example creation of disinformation, content enabling fraud, or deceptive impersonation.

Not to infringe on the rights of others. Do not attempt to use the Online Services to infringe on others’ legal rights, including intellectual property rights.

Not to use the service to create or share inappropriate content or material. Kollectin does not permit the use of the Online Services to create or share adult content, violence or gore, hateful content, terrorism and violent extremist content, glorification of violence, child sexual exploitation or abuse material, or content that is otherwise disturbing or offensive.

Not to do anything illegal. Your use of the Online Services must comply with applicable laws.

Content and Moderation

The Online Services may block text prompts that violate the Code of Conduct, or that are likely to lead to creation material that violates the Code of Conduct. Generated images or text that violate the Code of Conduct may be removed. Abuse of the Online Services, such as repeated attempts to produce prohibited content or other violations of the Code of Conduct, may result in service or account suspension. Users can report problematic content via Feedback or the Report a Concern function.

___________________________________________________________

Affiliate Program Operating Agreement

This Affiliate Program Operating Agreement (“Operating Agreement”) contains the terms and conditions that govern your participation in the Affiliate Program (the “Program”). “We,” “us,” or “our” means Kollectin. “You” or “your” means the applicant. A “platform” means an app or website. “Your site” means any site(s), any software application(s) and any Mobile Application (as defined hereinafter) that you link to the Kollectin Platform. "Advertising Fees" means commissions earned for a successful and verified sale of product on the Kollectin Platform by a client using your referral link.

BY SIGNING UP TO OUR PLATFORM INDICATES THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE KOLLECTIN PLATFORM, YOU (A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS OPERATING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT. IN ADDITION, IF THIS OPERATING AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.

1. Description of the Program

The purpose of the Program is to permit you to advertise Products on your site and to earn advertising fees OR commissions for Qualifying Purchases (defined in Section 7) made by your end users. A “Product” is any item sold on the Kollectin Platform. Product may also include certain services, if any, expressly included on the Affiliate Program Commissions Schedule. In order tofacilitate your advertisement of Products, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information in connection with the Program ("Content"). Content specifically excludes any data, images, text, or other information or content relating to products offered on any site other than the Kollectin Platform.

2. Enrollment

To begin the enrollment process, you must submit a complete and accurate Program application. You must identify your site in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application in our sole discretion including if we determine that your site is unsuitable. Unsuitable sites include those that:

(a) promote or contain sexually explicit materials;

(b) promote violence or contain violent materials;

(c) promote or contain libelous or defamatory materials;

(d) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;

(e) promote or undertake illegal activities;

(f) include any trademark of Kollectin, its Kollectin Platforms or its affiliates, or a variant or misspelling of a trademark of Kollectin, its Kollectin Platforms or its affiliates, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site; or

(g) otherwise violate intellectual property rights.

If we reject your application, you are welcome to reapply at any time. However, if we accept your application and we later determine that your site is unsuitable, we may terminate this Operating Agreement at any time in our sole discretion.

You will ensure that the information in your Program application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Program and this Operating Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

3. Links on Your Site

After you have been notified that you have been accepted into the Program, you may display Special Links on your site. “Special Links” are links (Personal Store Link, Share Cart Link, Share Item Link, & Get Styled Box Link) to the Kollectin Platform that you place on your site in accordance with this Operating Agreement, that properly utilize the special “tagged” link formats we provide, and that comply with the Affiliate Program Linking Requirements Special Links permit accurate tracking, reporting, and accrual of advertising fees.

Special Links arealso designed and intended for use on mobile phones, tablets, or other handheld devices (“Mobile Application”), you must include the name of the Mobile Application and the link to your Mobile Application in your application to the Program. The suitability and other requirements of this Section 3 and the Mobile Application Policy will apply to Mobile Applications. We will evaluate your application and notify you of its acceptance or rejection. A Mobile Application that is accepted will be an "Approved Mobile Application" for the purposes of this Agreement

4. Program Requirements

By participating in the Program, you agree that you will comply with the Affiliate Program Participation Requirements and all pages, schedules, policies, guidelines, and other documents and materials referenced in this Operating Agreement (collectively, “Operational Documentation”).

You will provide us with any information that we request to verify your compliance with this Operating Agreement or any Operational Documentation. If we determine that you have not complied with any requirement or restriction described on the Associates Program Participation Requirements page or any other Operational Documentation or that you have otherwise violated this Operating Agreement, we may (in addition to any other rights or remedies available to us): (a) withhold any advertising fees payable to you under this Operating Agreement,; (b) close any other accounts you may have or may open in the future, without payment of any advertising fees; (c) terminate this Operating Agreement, ; or (d) undertake all of the above actions.. In addition, you hereby consent to us:

• sending you emails relating to the Program from time to time;

• monitoring, recording, using, and disclosing information about your site and visitors to your site that we obtain in connection with your display of Special Links (e.g., that a particular client clicked through a Special Link from your site before buying a Product on the Kollectin Platform) in accordance with the Privacy Notice; and

• monitoring, crawling, and otherwise investigating your site to verify compliance with this Operating Agreement and the Operational Documentation.

5. Responsibility for Your Site

You will be solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:

• the technical operation of your site and all related equipment;

• displaying Special Links and Content on your site in compliance with this Operating Agreement and the Operational Documentation and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your site);

• creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your site (including all Product descriptions and other Product-related materials and any information you include within or associate with Special Links);

• using the Content, your site, and the materials on or within your site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights);

• using the Content, your site, and the materials on or within your site in a manner that is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous or otherwise in any manner whatsoever;

• disclosing on your site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers; and

• any use that you make of the Content and the Kollectin Marks, whether or notpermitted under this Operating Agreement.

We will have no liability for these matters or for any of your end users’ claims relating to these matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to (a) your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of your site or any materials that appear on or within your site, and all other matters described in this Section 5; (c) your use of any Content, whether or not such use is authorized by or violates this Operating Agreement, any Operational Documentation, or applicable law; (d) your violation of any term or condition of this Operating Agreement or any Operational Documentation; or (e) your or your employees' negligence or willful misconduct.

6. Order Processing

We will process Product orders placed by clients who follow Special Links from your site. We reserve the right to reject orders that do not comply with any requirements on the Kollectin Platform, as it may be updated from time to time. We will track Qualifying Purchases (defined in Section 7) for reporting and advertising fee accrual purposes and will make available to you reports summarizing those Qualifying Purchases.

We will pay you advertising fees on Qualifying Purchases in accordance with Section 8 and the Affiliate Program Commissions Schedule. In the event any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent advertising fees payable to you under this Operating Agreement. Subject to the exclusions set forth below, a “Qualifying Purchase” occurs when (a) a client clicks through a Special Link on your site to the Kollectin Platform; (b) during a single Session that the client adds a Product to his or her shopping cart and places the order for that Product following the client’s initial click-through; or (c) the Product is shipped to, and paid for by, the client.

A “Session” begins when a client clicks through a Special Link on your site to the Kollectin Platform and ends upon the first to occur of the following(y) the client places an order for a Product; or (z) the client follows a Special Link to the Kollectin Platform that is not your Special Link.

Qualifying Purchases exclude, and we will not pay advertising fees on any of, the following:

• any Product purchase that is not correctly tracked or reported because the links from your site to the Kollectin Platform are not properly formatted;

• any Product purchased through a Special Link by you or on your behalf, including Products you purchase through Special Links for yourself, friends, relatives, or associates (e.g., personal orders, orders for your own use, and orders placed by you for or on behalf of any other person or entity);

• any Product purchased for resale or commercial use of any kind;

• any Product purchased after termination of this Operating Agreement or deactivation of your Kollectin account;

• any Product order where a cancellation, return, or refund has been initiated; and

• any Product purchased by a client who is referred to the Kollectin Platform through any of the following:

• a Prohibited Paid Search Placement; or

• a link to the Kollectin Platform, including a Redirecting Link, that is generated or displayed on a Search Engine in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), whether those links appear through your submission of data to that site or otherwise.

• any Qualifying Purchase wherein you have offered any person or entity any consideration or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using Special Links (e.g., by implementing any “rewards” or loyalty program that incentivizes persons or entities to visit the Kollectin Platform via your Special Links).

• any Product purchased through a Special Link in a Mobile Application that was not an Approved Mobile Application or where the Special Link in an Approved Mobile Application was not served by the AMA API, Product Advertising API or other linking tools that we make available to you.

• any Qualifying Purchase, which takes place in countries outside of Kollectin’s serviceable countries, made through a mobile device or tablet wherein:

• Pay-Per-Click advertising is strictly prohibited.

• any Qualifying purchase wherein the affiliate has posted links or their coupon code on "coupon website" are strictly prohibited. For definition of a coupon website see below

• Posting coupon offers on your website with "reveal the coupon code" or similar phrase that stimulates visitor to click to reveal a coupon code and go to the Partner's site is prohibited.

• the mobile application of the Kollectin Platform is installed from a source other than Google Play store or iOS App Store

"Coupon Website"

1. the presence of coupon offerings, especially from many different merchants, on the Affiliate's website, especially if such coupons represent many different merchants and/or are indexed or are organized in a directory;

1. the presence of certain words (or variations or misspellings thereof) in the website's URL or prominently featured in the website's content, such as "coupons," "deals" or "savings";

1. a website that is focused on other merchants and the discounts or promotions offered by them, rather than on products, and that features little original, human- generated content.

“Prohibited Paid Search Placement” means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions. “Proprietary Term” means keywords, search terms, or other identifiers that include the word “Kollectin,” or any other trademark of Kollectin or its affiliates, or variations or misspellings of any of those words (e.g., "Kollectn"). “Redirecting Link” means a link that sends users indirectly to the Kollectin Platform via an intermediate site or webpage and without requiring the user to click on a link or take some other affirmative action on that intermediate site or webpage. “Search Engine” means Google, Yahoo, Bing, or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.

8. Advertising Fee Payment

You will be able to redeem your Advertising Fee rightafter the return period of any purchase has expired for Qualifying Purchases shipped, streamed, or downloaded (as applicable) in a given purchase and return cycle as defined by Kollectin, subject to any applicable withholding or deduction described below. 

The advertising fee payable to you is inclusive of all taxes including applicable service tax or goods and services tax or other tax or levy that you may be required to remit in connection with such services for which you will raise a valid invoice under applicable law(s) and regulations and report it in the returns within the prescribed time limit so that Kollectin Platform can take input tax credit of the taxes paid. You undertake to comply with any of the applicable provisions of such law including but not limited to:

• if required, timely issuance of compliant invoices;

• making the invoices available to Kollectin;

• depositing applicable taxes on a periodic basis; and

• correctly reporting them to the government under tax laws.

If at any time credit of taxes is denied or payment of taxes is sought from Kollectin, due to, but not limited to, issuance of a deficient invoice, default in payment of taxes, inappropriate reporting in the returns filed or non-compliance of applicable laws and regulations by you, you shall indemnify Kollectin Platform and Kollectin against any denied credits or taxes recovered as well as any interest and penalties imposed on Kollectin Platform and Kollectin. If required by applicable Indian tax law, we may deduct or withhold taxes, levies or any similar amounts from the advertising fees payable to you. If you are a U.S. resident, advertising fees payable to you will be subject to income tax withholding at the rate stipulated under applicable law. Further, if you are a non-resident, you agree to provide necessary documentation, as may be required, for Kollectinto satisfy any reporting or any obligations with respect to the advertising fee payable to you. If we deduct or withhold taxes from advertising fees payable to you, we will issue to you the relevant withholding tax certificate, if required under the applicable law, evidencing deposit of the taxes with the relevant regulatory authorities (for non-resident this is subject to relevant documents made available). If you provide us with a nil or reduced withholding tax certificate, we will apply such nil or reduced tax rate as the applicable withholding tax rate on advertising fees payable to you. You hereby agree that you will not pursue any claim against P or any of its affiliates, and hereby waive all such claims you may now or in the future have, in respect of any taxes Kollectin Platform and Kollectin deposits with a relevant taxing authority pursuant tothe this Operating Agreement.

9. Policies and Pricing

Clients who buy products through this Program are clients of the Kollectin Platform with respect to all activities they undertake in connection with the Kollectin Platform. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning client orders, client service, and product sales set forth on the Kollectin Platform will apply to those clients, and the same may be changed at any time.

10. Identifying Yourself as an Associate

You will not issue any press release or make any other public communication with respect to this Operating Agreement, your use of the Content, or your participation in the Program. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Operating Agreement. You must, however, clearly state the following on your site: “[Insert your name] is a participant in the Kollectin Affiliate Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to the Kollectin Platform”

11. Limited License

1. Subject to the terms of this Operating Agreement and solely for the limited purposes of advertising Products on, and directing end users to, the Kollectin Platform in connection with the Program, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (a) copy and display the Content solely on your site; and (b) use only those of our trademarks and logos that we may make available to you as part of Content (those trademarks and logos, collectively, “Kollectin Marks”) solely on your site and in accordance with the Affiliate Program Trademark Guidelines

1. All licenses set forth in this Section 11 will immediately and automatically terminate if at any time you do not timelycomply with any obligation under this Operating Agreement or any Operational Documentation, or otherwise upon termination of this Operating Agreement. In addition, we may terminate the license set forth in this Section 11 in whole or in part upon written notice to you. You will promptly remove from your site and delete or otherwise destroy all of the Content and Kollectin Marks with respect to which the license set forth in this Section 11 is terminated or as we may otherwise request from time to time.

1. By accepting the Operating Agreement, or by accessing or using the Product Advertising Content (as defined hereinafter), including the proprietary application programming interfaces and other tools (collectively, the “PA API”) that permit you to access and use certain types of data, images, text, and other information and content relating to Products (“Product Advertising Content”) which we may make available to you, you agree to be bound by this License.

1. Subject to the terms of this License and solely for the limited purposes of participation in the Associates Program in strict compliance with the Operating Agreement (including this License and the other Operational Documentation), we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to: (a) copy and display Product Advertising Content solely on your Site; (b) use only those of the Kollectin Marks we make available to you as part of the Product Advertising Content, solely on your Site and in accordance with the Associates Program Trademark Guidelines, unless otherwise provided for in this Operating Agreement, and (c) access and use the PA API, Data Feed, and Product Advertising Content solely in accordance with the Specifications and this License.

12. Reservation of Rights; Submissions

Other than the limited licenses expressly set forth in Section 11, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this Operating Agreement or the License hereunder otherwise, acquire any ownership interest or rights in or to, the Program, Special Links, link formats, Content, PA API, Data Feeds, Product Advertising Content, any domain name owned or operated by us, information and materials on any Kollectin Platform or the Associates Site, our and our affiliates’ trademarks and logos (including the Kollectin Marks), and any other intellectual property and technology that we provide or use in connection with the Program (including any application program interfaces, software development kits, libraries, sample code, and related materials).

If you provide us or any of our affiliates with suggestions, reviews, modifications, data, images, text, or other information or content about a product or in connection with this Operating Agreement, any Content, or your participation in the Program, or if you modify any Content in any way, (collectively, “Your Submission”), you hereby irrevocably assign to us all right, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner; and (z) our and our sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright rights. You agree to provide us such assistance as we may requireto document, perfect, or maintain our rights in and to Your Submission.

13. Compliance with Laws

In connection with your participation in the Program you will comply with all applicable laws of United States including but not limited to ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you.

14. Term and Termination

The term of this Operating Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate this Operating Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon any termination of this Operating Agreement, any and all licenses you have with respect to Content will automatically terminate and you will immediately stop using the Content and Kollectin Marks and promptly remove from your site and delete or otherwise destroy all links to the Kollectin Platform, all Kollectin Marks, all other Content, and any other materials provided or made available by or on behalf of us to you under this Operating Agreement or otherwise in connection with the Program. We may withhold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelations or returns). Upon any termination of this Operating Agreement, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections 5, 9, 10, 12, 13, 14, 16, 17, 18, 19, and 20, together with any accrued but unpaid payment obligations of us under this Operating Agreement, will survive the termination of this Operating Agreement. No termination of this Operating Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Operating Agreement prior to termination.

15. Modification

We may modify any of the terms and conditions contained in this Operating Agreement (and any Operational Documentation) at any time and in our sole discretion by posting a change notice, revised agreement, or revised Operational Documentation on the Kollectin Platform or by sending notice of such modification to you by email to the email address then-currently associated with your Associates account (any such change by email will be effective on the date specified in such email and will in no event be less than two business days after the date the email is sent). Modifications may include, for example, changes to the Associates Program Advertising Fee Schedule, Associates Program Participation Requirements, payment procedures, and other Program requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS OPERATING AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (E.G., THE DATE OF OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE KOLLECTIN PLATFORM OR THE DATE SPECIFIED IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

16. Relationship of Parties

You and we are independent contractors, and nothing in this Operating Agreement or the Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Operating Agreement, you will be deemed to have taken the action yourself.

17. Limitation of Liability

WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, OPERATIONAL DOCUMENTATION, THE KOLLECTIN PLATFORM, THE KOLLECTIN SITE OR THE SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, THE KOLLECTIN PLATFORM, THE KOLLECTIN SITE AND THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL ADVERTISING FEES PAID OR PAYABLE TO YOU UNDER THIS OPERATING AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.

18. Disclaimers

THE PROGRAM, THE KOLLECTINAPP, THE KOLLECTIN PLATFORM, ANY PRODUCTS AND SERVICES OFFERED ON THE KOLLECTIN PLATFORM, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, KOLLECTIN.COM, KOL.STORE DOMAIN NAME AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING THE KOLLECTIN MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS." NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME IN OUR SOLE DISCRETION. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, THE KOLLECTIN SITEWILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS OPERATING AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OF THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.

19. Governing law and Disputes

This Operating Agreement will be governed by the laws of the United States, without regard to the principle of conflict of laws. The State ofCalifornia shall have the exclusivejurisdiction over any dispute relating or arising in any way from the matter under the Program or this Operating Agreement.

20. Miscellaneous

You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicitclient referrals on terms that may differ from those contained in this Operating Agreement or operate sites that are similar to or compete with your site. You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Operating Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Operating Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Operating Agreement. Whenever used in this Operating Agreement, the terms “include(s),” “including,” “e.g.,” and “for example” mean, respectively, “include(s), without limitation,” “including, without limitation,” “e.g., without limitation,” and “for example, without limitation.” Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Operating Agreement, may be made, taken, or given in our sole discretion. Any information relating to us or our affiliates provided by us in connection with the Operating Agreement that is not known to the general public is considered ("Confidential Information"). You agree that: (a) all Confidential Information will remain Kollectin's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your performance under the Operating Agreement and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and (c) you will not otherwise disclose Confidential Information to any individual, company, or other third party (other than your affiliates). You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or related to your performance under this Operating Agreement to any judicial, quasi-judicial, governmental, regulatory or any other authority as may be required by us to co-operate and/ or comply with any of their orders, instructions or directions or to fulfill any requirements under applicable laws. You represent and warrant that you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.

MOBILE APPLICATION POLICY

These Mobile Guidelines (“Mobile Guidelines”) apply to your inclusion of Special Links in your Approved Mobile Application. "We," "us," or "our" means Kollectin.com, its Kollectin Platforms or any of its affiliates, as the case may be. "You" means the user agent for the associate account associated with the Approved Mobile Application. All capitalized terms used below that are not defined on this page have the meanings given to them in the Operating Agreement. Strict compliance with these Mobile Guidelines is required at all times, and any violation of these Mobile Guidelines will automatically terminate the Operating Agreement.

Your Mobile Application:

1. must be free to download and all Referral links must be accessible without paying for access;

1. must have original content;

1. must not emulate our Kollectin Platform own shopping app functionality (if any);

1. must not have price tracking and/or price alerting functionality, unless approved in advance by Kollectin or its Kollectin Platform in writing;

1. must not host or render Kollectin Platform's web pages in WebViews.

We may modify this Mobile Application Policy at any time and in our sole discretion by posting a change notice or revised or a revised Mobile Application Policy on the Kollectin or the Kollectin Platform. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. YOUR CONTINUED INCLUSION OF SPECIAL LINKS IN YOUR APPROVED MOBILE APPLICATION FOLLOWING OUR POSTING OF A CHANGE NOTICE OR A REVISED MOBILE APPLICATION POLICY ON THE KOLLECTIN PLATFORM WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

We reserve the right, exercisable in its sole discretion, to take appropriate action against any use without permission or any use that does not conform to this Mobile Application Policy.

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Effective Date: July, 2024