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 or Kollectin Partners are 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 methods - There 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
• Crypto currencies

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.

No Guaranteed Commission from Promotions:
Any promotional events, sales campaigns, or marketing initiatives (collectively, “Promotions”) facilitated, sponsored, or endorsed by Kollectin are undertaken at Kollectin’s sole discretion. Participation in such Promotions does not guarantee the accrual, receipt, or payment of any commissions, fees, or other financial remuneration. Kollectin reserves the right, in its sole discretion, to determine if, when, and how commissions may be earned or paid in connection with any Promotion.

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 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 right after 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.

TERMS & CONDITION FOR GET STYLED BOX, STYLE MYSELF BOX, BASIC STORE PLAN, PRO STORE PLAN, GET STYLED PLAN, STYLE MYSELF PLAN

If you are using Kollectin in the United States, the below terms apply. 

US Terms of Use

Kollectin is a fashion retailer and personal style platform for men, women, and kids that evolves with our clients' tastes, needs, and lifestyles. Posnap, Inc. DBA Kollectin (“Kollectin”, “we”, “us”, or “our”) offers a service that gives you access to clothing and accessories (“Products”) from established and up-and-coming brands. The following terms and conditions (the “Terms of Use” or “Terms”) form a binding agreement between you and us, and govern your use of the website located at www.Kollectin.com (the “Site”), our mobile application(s) entitled “Kollectin” (the “App”), the services offered through the Site and App, and any orders that you place (collectively, the “Services”).

Please read these terms of use carefully. These Terms of Use include a class action waiver and require binding arbitration on an individual basis to resolve disputes, rather than a jury trial, under the section titled “Dispute Resolution.” By creating an account, ordering a shipment (a “Get Styled Box” or “Style Myself Box”), purchasing products, using the Services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms of Use and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent). If you do not wish to be bound by these Terms of Use, you may not access or use the Services or order or purchase any Products.

These Terms of Use are subject to occasional revision. We will notify you of any changes to our Terms of Use by posting the new Terms of Use here: https://www.kollectin.com/terms-and-conditions and updating the “Last Updated” date below. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address, which you may do when you create an account, and you may update it by modifying the information when logged in to your Account. For existing users of the Services, any changes to these Terms of Use will be effective thirty (30) calendar days following our posting of the changes on our Services. These changes will be effective immediately for new users of the Services. Continued use of the Services, including purchasing Products from us, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Please regularly check https://www.kollectin.com/terms-and-conditions to view the then-current Terms.

TYPES OF USERS

You may simply browse the Site or App as a visitor or you may create an account (“ Account”) to become a stylist (“Stylist”) or a client (“Client”). You must be a Stylist or Client to order Get Styled Box or Style Myself Box or order on the Kollectin App and purchase Products.

ACCOUNTS

To become a Stylist or Client, you must provide your name, email address, and, in some cases when requested, other registration information (“Account Information”). Alternatively, you can create an Account and become a Stylist or Client using your valid social networking service (“SNS”) account, by entering your SNS credentials and connecting to the Services. In becoming a Stylist or Client, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information. We may also ask you for additional information about you, including your size, fit, and style preferences in order to establish your style profile (“Style Profile”). Please keep your Account Information, including your password, confidential. If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. Please notify us immediately if you become aware that your Account Information is being used without authorization. We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You may not use anyone else’s Account at any time without the permission of the Account holder. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to be a Stylist or Client. If we later discover or suspect that a person under 18 years old has created an account, we reserve the right to take steps to cancel that request.

We created interfaces that allow you to connect with SNS’s such as Facebook or Google through the Services. By granting us access to your SNS account, you understand that, subject to privacy restrictions, we may access, make available, and store any information that you have made available to us through your SNS account (“SNS Content”) so that it is available on your Account. Unless otherwise specified in the Terms of Use, all SNS Content will be deemed Your Content (as defined below). Please note that if an SNS account or associated service becomes unavailable or the Services’ access to such SNS account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services and you may have difficulty accessing the Services. You can revoke our access to any SNS at any time by disconnecting your SNS account via your Account. Please note that your relationship with each SNS is governed solely by your agreement(s) with such SNS, and we disclaim any liability for personally identifiable information that may be provided to us by an SNS in violation of the privacy settings that you have set in the SNS. We make no effort to review any SNS Content for any purpose, including without limitation for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.

SHIPMENTS, RETURNS, AND EXCHANGES

Get Styled Box or Style Myself Box Shipments. When you sign up for a Get Styled Box or Style Myself Box, we will send you some Products chosen by Stylists on the Kollectin platform, or Kollectin, at our discretion. Available ship dates are determined at our discretion and may vary based on a variety of factors, including without limitation inventory, geography, and automatic shipping preference. You may also be able to select particular items to be included in your Box. You will be able to try them on to see what you like. You can decide to keep all, some, or none of the Products in the shipment, and we will charge you for the items you keep as described in the Get Styled Box or Store Plan Fee and Payment section (below).

Direct Purchases. You may be able to select Products to be delivered separately from a Box. Such purchases shall be referred to herein as “Direct Purchases.” To place an order for a Direct Purchase, you will be required to follow the purchase process on the Services to submit the order, which we may accept by shipping you the Products.

Data Check. When you send us a request for a Box or purchase Products, our payment processing provider or a third party service provider may attempt to verify your address or place a hold on your payment method to check for potential fraud.

Scheduling. If you are a Stylist or Client, you may schedule a Box through the Services. You may also request that we automatically send you a Box on a specified cadence, without waiting for you to manually schedule each Box. If you order any Box, whether manually or automatically, you authorize us to charge you for the Get Styled Box or Store Plan Fee in accordance with these Terms of Use. You may change the scheduled date for your Box if you notify us before it is styled. As explained in the Get Styled Box or Store Plan Fee and Payment section, you are responsible for: (i) the Get Styled Box or Store Plan Fee for any Box that is not cancelled with the required notice and (ii) the price of any Products that are not returned in accordance with our policies. These Terms of Use will govern any Box. We may refuse to ship to any address for any reason including because it is outside the geographic area that we serve or it is to an address that we determine may be associated with fraudulent purchases.

Sending Back Products During the Try-On Period. If you want to send back any of the Products in your Box, simply place them in the return package we provide and mail them back to us at no cost to you. Any Products sent back must be postmarked no later than seven (7) days after you receive the package (the “Try-On Period”) and must be unworn and in the original condition. You will retain title to the Products and risk of loss of the Products will remain with you until we receive the Products and we determine that the Products were returned unworn and in their original condition, at which point you will be deemed to have rejected the Products and title will return to us. We will assume that you have chosen to keep any Products in the Box that you do not postmark back to us by the end of the Try-On Period, and we will charge your Account for those Products any time after the end of the Try-On Period. If your original default method of payment fails, you authorize Kollectin to charge alternative payment methods. Any exceptions permitting a return postmarked later than the end of the Try-On Period must be requested in a timely manner and may be granted at the sole discretion of Kollectin.

Purchased Item Returns. If you want to return any Products you’ve previously purchased, please consult our returns policy here: https://help.kollectin.com/article/123-return-policy-regular-and-presale-orders.

Box Exchanges. If you want to exchange any of the Products in your Box (e.g., for a different size), an  exchange may not be available in all cases. If you elect to receive an exchange, return the original Product in the prepaid return package by the end of the Try-On Period, then place a new Direct Purchase for the item you need. The exchange Product will be sent separately to you. If you fail to return the original Product by the end of the Try-On Period or if the original Product is damaged or shows signs of wear, Kollectin may charge you for both the original Product and the exchange Product. If you receive the exchange Product and wish to return it, you can send it back in the pre-paid return package within three (3) days of your receipt of the exchange Product.

Direct Purchase Exchanges. If you want to exchange any item not received in a Box (e.g., for a different size), please contact help@kollectin.com for support. If an exchange is available for a particular Product, you will be given the choice to exchange. If you elect to receive an exchange, return the original Product in the prepaid return package. The exchange Product will be sent separately to you. Unfortunately, we cannot guarantee that you will be able to exchange or replace any item. 

Legal Details. Your scheduling of a Box or Direct Purchase is an offer to purchase the Products. We may accept your offer by processing your Get Styled Box or Store Plan Fee payment and shipping you the Box, or by shipping the Direct Purchase. For any reason, we may decline to accept your request for a Box or Direct Purchase. If we decline to accept your request, we may attempt to notify you at the email address you provided. All Products will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Products to a common carrier. Excluding any User Content, we strive to ensure that the information on the Services is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. Products displayed may be out of stock or discontinued, and prices are subject to change. We reserve the right to limit quantities purchased by Clients. We do not guarantee that all Products described on our Services will be available. In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase Products, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our Products. We further reserve the right to cease doing business with customers who violate this policy.

GET STYLED BOX OR STORE PLAN FEE AND PAYMENT

Prior to shipping you a Box, we will charge you a non-refundable “Get Styled Plan” or “Basic Store Plan” or “Pro Store Plan” fee in the amount set forth on the Services. The Get Styled Box or Store Plan Fee will be charged to your credit card or other payment method between the time the order is placed and the time we ship your Box. Within seven (7) days of receiving your Box, we request that you send back any Products you don’t want. If you choose to keep Products from your Box, the Get Styled Box or Store Plan Fee may be credited towards the purchase price of those Products pending on its respective plan requirement. You may pay for any Products from your Box via credit card or other payment method then available on the Services. If you have a credit in your Account at the time of processing the Get Styled Box or Store Plan Fee or paying for Products, the credit will be applied before we charge your credit card or other payment method then available. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with these Terms. If you receive Boxes automatically, you agree that we may charge the Get Styled Box or Store Plan Fee to the card or other payment method on file on a recurring basis according to the frequency you selected until you cancel automatic Boxes by by emailing us at hello@Kollectin.com, from the email address currently associated with your account, stating that you want to stop receiving automatic Boxes. You may cancel an upcoming Box by accessing your Account and cancelling the Box at any time before the Box is styled. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.

PRICING AND PRODUCTS FOR BOXES

Typically, Kollectin does not disclose the prices of its Products until you receive a Box. While Kollectin makes efforts to follow the style and price preferences you express in your Style Profile, we do not guarantee that every item in your Box will meet those preferences. You are responsible for paying for all Products in your Box, whether they conform to your Style Profile or not, unless you return the Products in accordance with our policies. You are responsible for the payment of any Get Styled Box or Store Plan Fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don’t collect the applicable sales tax, you are responsible for payment of the applicable use taxes. Kollectin may provide certain promotions or credits to customers. Depending on the type of promotion or credit offered, it may reduce the amount of state and local sales taxes that apply to your order. The application of the promotion or credit will be reflected on your receipt.

REFERRAL CREDITS

As a Client, by referring others to Kollectin, you may participate in the Kollectin Referral Program (the “Program”). If you are accepted into the Program, you will receive a referral credit toward future purchases (a “Referral Credit”) when you make a Qualifying Referral. In order to receive a Referral Credit, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must share a referral link that is unique to you with your contact who has not previously used Kollectin; (ii) you must disclose your relationship with Kollectin (e.g., “if you place an order, I’ll get a credit”); (iii) the referred person must register for the Services after directly clicking the unique link, (iv) the referred person must, within a reasonable period of time, order a Box and meet the minimum requirements applicable at the time the referred person orders a Box (e.g., making 1 purchase with Kollectin), but which may vary from time to time and by Client, at Kollectin’s sole discretion (the “Program”), and (v) you must be a Stylist or Client of the Services.

The amount of the Referral Credit will be the amount specified on the Kollectin App (account required) at the time the referred friend orders a Box and meets the Reward Criteria. For more information about how referrals work, see our Referral Program FAQ page available at https://www.kollectin.com/give20get20. You may be required to pay taxes, and we may be required to withhold taxes, on the value of redeemed Referral Credits if the value exceeds certain thresholds. Referral Credits will be reflected in your Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The maximum amount of Referral Credits that you can receive in any calendar year is $599.

Restrictions. Referral Credits can be accrued solely by you and you may not earn Referral Credits by:

• permitting another individual to use your Account;
• creating multiple Accounts;
• upon notice, any other restriction we impose on participants in the Program.

You may, as a new Client referred by another to Kollectin, participate in the Program. If you are accepted into the Program, you will receive a referral credit toward future purchases (a "Referred Client Credit") when you receive a Qualifying Referral and meet the Reward Criteria. 

By acquiring Referral Credits or Referred Client Credits, you agree and acknowledge that Kollectin is granting you a limited, non-transferable, revocable license to a digital item, and that Referral Credits and Referred Client Credits are not your personal property. You may not obtain any cash or money in exchange for Referral Credits or Referred Client Credits. You are responsible for notifying Kollectin if you believe the number of Referral Credits or Referred Client Credits in your Account is incorrect.

Kollectin reserves the right to remove Referral Credits and Referred Client Credits from an Account at any time. Unless extended by Kollectin at our discretion, Referral Credits and Referred Client Credits will automatically expire ninety (90) days from issuance.

We reserve the right to modify, suspend or terminate the Program and to void any Referral Credits or Referred Client Credits upon notice to you. We may provide such notice in any way compliant with applicable law including via email to the last email address you provided to us, by amending these terms or posting a change to the Program on our Referral Program FAQ page. All Referral Credits and Referred Client Credits are voided immediately upon termination of this agreement or the closing of your Account.

ACCESS TO THE SERVICES

App Stores. With respect to any App accessed through or downloaded from the Apple App Store, Google Play Store or any similar store or marketplace (each an “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you), you agree to comply with all applicable third party terms of the App Store (the “Usage Rules”) when using the App. To the extent these Terms of Use provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies.

You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the App Store. You acknowledge that these Terms of Use are between you and us and not with the App Store. We, not the App Store, are solely responsible for the App and Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App or Services. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App or Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce them. Open-Source Software. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms of Use, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

OWNERSHIP OF INTELLECTUAL PROPERTY

You understand and acknowledge that the software, code, and proprietary methods and systems used to provide the Services (“Our Technology”), and the materials, information, and content made available or displayed by us through the Services (collectively, “Our Content”) are: (a) copyrighted by us or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. Subject to these Terms of Use, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, noncommercial use (a) the App on any compatible device that you own or control, and (b) the other aspects of the Services. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to these Terms of Use. Furthermore, except for the limited license above, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products or in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of Kollectin or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use our Marks. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Use.

CONTENT GUIDELINES

Please use good taste in any and all content, including text, links, images, and videos, you post (“Your Content”) to our Services, including in our App, forums, comments to our Community Platform, on your "boards," in your uploads, or on any other page or website related to Kollectin. We reserve the right, but do not undertake an obligation, to review Your Content, and to investigate and/or take appropriate action against you or Your Content in our sole discretion if you violate the guidelines below or any other provision of these Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying Your Content, terminating your Account, and/or reporting you to law enforcement authorities.

You are solely responsible for Your Content. You assume all risks associated with use of Your Content. You understand that we do not guarantee any confidentiality with respect to Your Content. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. We will not be liable for the deletion or accuracy of Your Content; the failure to store, transmit, or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. We reserve the right in our sole discretion to pre-screen, refuse, or remove Your Content at any time for any reason. Please make sure that you only provide information to the Services that you are allowed to share without violating any obligations you may have to a third party.

We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us. You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, developing, providing, and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.

GENERAL RULES OF USER CONDUCT

You agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; ( C) constitutes unauthorized or unsolicited advertising, junk or bulk email; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.

RIGHT TO SUSPEND

Kollectin reserves the right, in our discretion, to suspend your Account, your use of the Services or the sending of Boxes at any time at our discretion including, as necessary to protect the security or operation of the Services.

By participating as a stylist on Kollectin's platform, you agree to the following terms and conditions regarding unpaid bills and the reassignment of clients:

1. Payment Obligations:
   Stylists are responsible for ensuring all bills, fees, and financial obligations owed to Kollectin are paid in full and on time as stipulated in their agreements or subscription plans.
2. Unpaid Bills:
   In the event of unpaid bills as notified by Kollectin, Kollectin reserves the right to take appropriate action to maintain the integrity and fairness of the platform.
3. Client Reassignment:
   • Stylists with outstanding unpaid bills or neglect of servicing their Clients in a timely manner may forfeit their exclusive rights to any Clients they have onboarded or managed through the Kollectin platform.
   • Kollectin reserves the right to reassign such Clients to other active and eligible Stylists to ensure uninterrupted service and support for the Clients.
   • This reassignment will be executed at Kollectin's sole discretion and without prior notice to the Stylist with unpaid bills.
4. Earning Restrictions:
   Stylists with unpaid bills will be restricted from earning commissions, rewards, or other financial benefits through the platform until all outstanding balances are cleared.
5. Notification:
   Kollectin will make reasonable attempts to notify Stylists of overdue payments and provide an opportunity to settle the outstanding balance before client reassignment occurs.
6. Termination:
   Kollectin reserves the right to suspend or terminate a Stylist's account for repeated or unresolved unpaid bills, in accordance with the platform's broader terms and conditions.
7. No Liability for Reassignment:
   Kollectin will not be liable for any losses, including potential earnings, due to Client reassignment resulting from unpaid bills.

FEEDBACK

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

TEXT COMMUNICATIONS

Depending on the consent you’ve provided, we may send text messages that (1) provide you with information you’ve requested from us; (2) provide updates regarding your transactions with us; (3) remind you of pending items in a shopping cart; and/or (4) provide you with marketing or promotional content (individually and collectively, the “Kollectin Texts”). Where you agree to receive marketing Kollectin Texts, you may receive automated or non-automated marketing text messages from Kollectin to the number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. By consenting to receive Kollectin Texts, you represent that you are 18 years of age or older, and you further represent that you are the subscriber to the phone number that you provide to us. Please consult our Privacy Policy for information on how we use the information you provide us through Kollectin Texts, including how we may use cookies to personalize your experience (e.g. shopping cart reminders).

Kollectin does not charge you for Kollectin Texts, but message and data rates may apply. We may send you an initial message confirming your enrollment in our text message program. After that, message frequency will vary, and the specific amount may vary depending on how you use our Services. Kollectin reserves the right to alter the frequency of messages sent at any time. Kollectin also reserves the right to change the short code or phone number from which messages are sent. Reply to our texts with the keyword STOP to cancel. After texting STOP to our shortcode, you may receive one additional message confirming that your request has been processed. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Kollectin through any other programs you have joined until you separately unsubscribe from those programs. Reply to our texts with the keyword HELP if you need assistance from customer service.

Kollectin Texts are supported on all U.S. carriers. The supporting mobile carriers may change without notice, and the particular text message program you join, including those operated through a different number, may be limited to specific carriers. Kollectin and the mobile carriers are not liable for delayed or undelivered messages. Our texts may not be compatible with all cell phone models.

MODIFICATIONS TO THE SITE OR SERVICES

We reserve the right to modify or discontinue the Services (including Boxes) with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.

PRIVACY

We have created a privacy policy https://www.kollectin.com/privacy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Please visit our privacy policy to learn more about how we collect, use and disclose the information that you provide to us or we otherwise learn about you through your use of the Services, including how we market our services.

THIRD PARTY CONTENT AND OTHER WEBSITES

Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by us, including without limitation the websites of the brands we include in Boxes. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Services may also contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.

DISCLAIMER OF WARRANTIES

The Services and all content, products and services included on or otherwise made available to you through the Services are provided by Kollectin “with all faults” and on an “as is” and “as available” basis, unless otherwise specified in writing. Kollectin makes no representations or warranties of any kind, whether express or implied, as to the operation of the Services or any content, products or services included on, or otherwise made available to you through, the Services, unless otherwise specified in writing, including without limitation any warranties of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of the Services and products purchased through the services is at your sole risk. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products, or Services will be corrected. We specifically disclaim any liability associated with the use of the Products (e.g., rashes that may develop from wearing the Products or dyes that bleed from the Products onto other items) and you agree that you will not sue Kollectin for any claim related to any Products purchased through the Services. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services and/or Our Content. No advice or information, whether oral or written, obtained by you from us through the Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.

Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.

LIMITATION OF LIABILITY

You acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of (i) the total amount of your orders in the six (6) months prior to the date of the event giving rise to our liability, or (ii) one hundred dollars (U.S. $100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kollectin, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Products or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any content, information or materials you upload to the Services; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Services.

COPYRIGHT VIOLATIONS

We respect the intellectual property of others, and we ask you to do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• Identification of the copyrighted work(s) that you claim to have been infringed;
• Identification of the material on our Services that you claim is infringing and that you request us to remove;
• Sufficient information to permit us to locate such material;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Our copyright agent for notice of claims of copyright infringement on the Services is:

Kollectin

2112 Chestnut Street, Alhambra, CA 91803

Telephone: (626) 433-8879

Email: hello@Kollectin.com

It is our policy to disable or terminate your Account if you repeatedly infringe or are repeatedly charged with infringing intellectual property rights.

ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.

Please read this Section (“Dispute Resolution”) carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Application of Dispute Resolution Process. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms of Use or the use of the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis according to the process described herein. Unless otherwise agreed to, all arbitration proceedings will be held in English. This dispute resolution process, including binding arbitration, applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: Kollectin Legal Dept., 2112 Chestnut Street, Alhambra, CA 91803. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00). Each party will bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Dispute Resolution section will continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.

Survival. This Dispute Resolution section will survive the termination of your relationship with us.

Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.

Claims Not Subject to Arbitration. For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in San Francisco, California.

GENERAL TERMS

These Terms of Use and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. We will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations. We are located at the address set forth below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

SURVIVAL

Even after your rights under these Terms of Use are terminated, all provisions of these Terms of Use which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

NOTICE: VIOLATIONS

We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to hello@Kollectin.com with the subject line “Legal Notice.”

CONTACT INFORMATION

Posnap, Inc. DBA Kollectin

2112 Chestnut Street, Alhambra, CA 91803

hello@Kollectin.com

(626) 433-8879

Last updated November 25, 2024