Welcome to Sarap Now. Thank you so much for coming. Please respect our family rules while making yourself comfortable and having fun.
1. Accepting These Terms
This agreement and the additional documents referenced below constitute our family rules, often known as our Terms and Conditions (the "Terms").
The Terms constitute a legally enforceable agreement between you and Sarap Now. No matter where in the world you reside, the contract is between you and Sarap Now, LLC, and will be referred to as just 'Sarap Now' within this agreement.
Please note that Section 11. Disputes with Sarap Now, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. *
This contract sets out your rights and responsibilities when you use SarapNow.com, our mobile apps, and the other services provided by Sarap Now (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. Use of our Services is not permitted if you disagree with the Terms. Are you with us? Okay, keep reading!
2. Documents We Also Mentioned
Online and offline, Sarap Now's services bring together individuals from all over the world to create, market, and purchase distinctive things. Depending on how you use the Services, the following is a helpful guide to assist you in understanding the individual regulations that apply to you:
Search and Advertising Ranking Disclosures. Here is a succinct explanation of how Sarap Now arranges search results and advertising results that may contain Your Content.
Be sure to read the policies that apply to you because they are all included in our Terms. Of course, you should still read the rest of this text since it is applicable to everyone.
3. Your Privacy
Under EU law, Sarap Now and sellers are both deemed a separate and independent data controller of members' personal information because they both process member data (such as buyer name, email address, and shipping address). This implies that each party is in charge of the personal data it uses to deliver the Services. For instance, it is the seller's responsibility—not Sarap Now's—if they unintentionally reveal a seller's name and email address while completing another buyer's order.
If, however, Sarap Now and sellers are found to be joint data controllers of buyers' personal information, and if Sarap Now is sued, fined, or otherwise incurs expenses as a result of something you did as a joint data controller of buyer personal information, you agree to indemnify Sarap Now for any expenses it incurs as a result of your processing of buyer personal information. See Section 9. Indemnification below for more information about your indemnification obligations to Sarap Now.
4. Your Account with Sarap Now
To access some of our Services, you must first register with Sarap Now. The following guidelines apply to accounts with Sarap Now:
A. You must be 18 years or older to use our Services. Minors under the age of 18 and at least 13 years old are only permitted to use our Services with the approval and direct supervision of a parent or legal guardian who owns an account. Children under the age of 13 are prohibited from using Sarap Now or the Services. You are responsible for any and all account activity undertaken by a minor on your account, and you may wish to consider using commercial goods or services to restrict a minor's access to online content.
B. Be forthright with us. Provide accurate details about yourself. It is unlawful to provide fake information or assume the identity of another person or organization using your account.
C. Choose an appropriate name. You may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
D. Account responsibility. You are solely responsible for all account activity. If you share an account with others, the individual whose financial information is on the account is ultimately accountable for any account activity. You personally confirm that you have the authority to accept the Terms on behalf of the business if you are registering as a business. Additionally, accounts cannot be transferred.
E. Protect your password. As stated previously, you are completely liable for any activity on your account; therefore, it is essential to keep your password secure.
F. Our relationship. These Terms do not establish between you and Sarap Now any agency, partnership, joint venture, employment, or franchise arrangement.
5. Your Content
The content that you upload via our Services is yours; therefore, we will refer to it as "Your Content." We make no claim to it, including anything you publish through our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. Responsibility for Your Content. You acknowledge that you are the sole responsible party for Your Content. You warrant that you own all relevant rights to Your Content and that your uploading of it does not infringe or violate the rights of any third party.
B. Permission to Use Your Content. By submitting Your Content via our Services, you grant Sarap the right to use it. We do not claim ownership of Your Content, but we do have permission to use it to help Sarap run and expand. Thus, we will not violate any rights you have in Your Content, and we will be able to promote it. You understand and agree, for instance, that Sarap Now may offer you or Sarap Now buyers promotions on the Site that may relate to your listings.
C. Rights You Grant Sarap Now. (Here’s the legalese version of the last section). By posting Your Content, you grant Sarap Now a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Sarap Now, your Sarap Now shop, or the Services in general, in any formats and through any channels, including across any Sarap Now Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
Although it may seem like a lot, it is vital for us to continue Sarap Now. If you upload a photo or video of a listing on your Sarap Now shop, we have your permission to display it to customers, and we can resize or enhance it so it looks good to a customer using our mobile app; if you post a description in English, we can translate it into Tagalog so a customer in Manila can understand the significance of your item; and if you upload a stunning photo or video of your most recent handmade candle, we can feature it—often along with your shop name.
D. Reporting Unauthorized Content. Sarap Now is committed to using the required legal processes to remove unlawful content from the Services and has a high regard for intellectual property rights. If you want content that you own or have rights to removed from the Services after it was uploaded there without your consent, please follow the instructions in our Intellectual Property Policy. We will respond appropriately if Your Content is claimed to violate someone else's intellectual property. For example, if we receive a notice of infringement that complies with our policies, we may disable it or, if you are determined to be a persistent offender, we may terminate your account. We'll let you know if any of that occurs.
E. Inappropriate, False, or Misleading Content. Even though it should be obvious, there are several types of content that Sarap Now doesn't want to be placed on its services (for legal reasons or otherwise). You promise not to publish any anything that violates our Prohibited Items Policy, Community Policy, or any other provision of our Terms, or that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive. In addition, you promise not to publish any anything that is untrue, misleading, or makes fraudulent or dishonest use of the services.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to the Terms and, in particular, the following restrictions:
A. Don’t Use Our Services to Break the Law. You agree that your use of the Services will not violate any applicable laws. This includes all applicable local, state, federal, and international legislation. For instance, you are responsible for acquiring any licences or licenses that your shop requires, as well as for complying with applicable legal requirements in the respective jurisdiction (s). This includes the sale and delivery of your products, including age verification at the time of delivery if required by law. You must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notifications), theft, anti-competitive conduct, threatening conduct, or any other unlawful activities or crimes against Sarap Now, another Sarap Now user, or a third party.
B. Pay Your Bills. You are responsible for paying all fees that you owe to Sarap Now. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.
C. Don’t Steal Our Stuff. You acknowledge that without our express permission, you may not scrape, crawl, or spider any page of the Services or attempt to derive the source code of the Services (including any intellectual property of Sarap Now and Seller Content).
D. Don’t Try to Harm Our Systems. You agree to refrain from interfering with or attempting to disrupt our Services, such as by disseminating a virus, making a lot of requests to our website or platform, or using other malicious computer code.
E. Follow Our Trademark Policy. The term "Sarap Now" and other Sarap Now names, words, phrases, logos, and designs that we use in connection with our services (the Sarap Now Trademarks) are Sarap Now's trademarks, service marks, or trade dress in the US and other nations.
F. Share Your Ideas. Your ideas and suggestions are great! They could assist us in enhancing both our services and your experience. Your Content and any things you sell through our Services are not considered part of the ideas or other materials you submit to Sarap Now, which are regarded as being non-confidential and non-proprietary to you. You hereby offer us a non-exclusive, perpetual, irrevocable, global, royalty-free right to use, publish, and distribute those ideas and materials for any purpose without payment to you.
Termination By You. Although we'd hate to see you go, you can close your Sarap Now account at any time by visiting your account settings. The availability of certain of Your Content that you posted over the Services prior to termination will not be impacted by terminating your account. Oh, and you'll still be responsible for paying any unpaid invoices.
Termination By Sarap Now. If we have cause to suspect you, your Content, or your use of the Services violates our Terms, we may suspend or terminate your account (and any accounts Sarap Now finds are associated to your account) and your access to the Services. It's crucial to realize that if we decide to do this, you won't have a contractual or legal need to continue using our Services, such as making purchases or sales via our websites or mobile apps. If your account has been suspended or cancelled, Sarap Now will typically notify you unless you have persistently broken our Terms or we are prohibited by law or regulation from doing so.
You risk losing all data connected to your account, including Your Content, if you or Sarap Now decide to terminate it.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability
Items You Purchase. You are aware that Sarap Now does not produce, keep, or inspect every item sold using our services. Many of the items in our marketplaces are created, listed, and sold directly by independent sellers; as a result, Sarap Now cannot and does not make any representations or warranties regarding their quality, safety, authenticity, or legality. We merely provide the platform. You must file your legal claim against the item's seller directly if it has anything to do with something you buy. You waive any claims against Sarap Now for any products sold through our services, including any claims relating to faulty products, false statements made by vendors, or products that resulted in physical harm (like product liability claims).
Content You Access. While using our Services, you could come across content that you find offensive or improper. Regarding any content posted by users using the Services, we provide no guarantees. The accuracy, copyright compliance, legality, or morality of user-posted content that you received through the Services are not guaranteed by Sarap Now. You absolve us of all responsibility for that content.
People You Interact With. The Services allow you to communicate with other people in person or online. You acknowledge that we do not conduct user screening for our Services outside of what is necessary to satisfy compliance and legal requirements, and you absolve us of any responsibility for your interactions with other users. Please take care while interacting with individuals, especially if you are meeting them in person. Use prudence and good judgment at all times.
Third-Party Services. Links to third-party websites or services that we don't own or control may be found in our services (for example, links to Facebook, Twitter, and Pinterest). Additionally, in order to access some of our Services, you might need to use a good or service from a third party (like a compatible mobile device to use our mobile apps). You use these third-party services at your own risk when you do so. You might need to agree to the third parties' terms of usage. These agreements are purely between you and the third party; Sarap Now is not a party to them.
Gift Cards and Promotions. You agree that Sarap Now disclaims all warranties regarding the balance of your Gift Card and is not liable for any actions you or a third party may take that result in unauthorized access to, alteration of, theft of, or destruction of a Gift Card or Gift Card code. You agree that if your gift card or gift card code is reported lost or stolen or if we suspect fraudulent, questionable, or otherwise unlawful use of your gift card balance, we may suspend or prohibit usage of your gift card. Your sole option if your Gift Card code stops working is for us to give you a new Gift Card card. By taking part in a special offer or promotion, you consent to refrain from claiming afterwards that the terms of that offer or promotion were unclear.
WARRANTIES. WHILE SARAP NOW IS COMMITTED TO PROVIDING THE BEST SERVICES POSSIBLE, MISTAKES MAY OCCASIONALLY OCCUR SINCE WE ARE HUMAN AND FALL SHORT OF PERFECTION. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER SARAP NOW, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL SARAP NOW’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID SARAP NOW IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Although we hope it never occurs, if Sarap Now is ever sued because of something you did, you promise to defend and hold us harmless. As a result, you agree to defend Sarap Now (including any of our employees) and hold us free from any liability arising from any claim or demand (including reasonable legal fees) resulting from your conduct, your use (or misuse) of our Services, your violation of the Terms, or your or your account's infringement of another party's rights.
Even if you are indemnifying us, we maintain the right to handle our defense as we see fit, and in that event, you agree to work with us to carry out our plan.
10. Disputes with Other Users
We advise you to get in touch with the other party and attempt an amicable resolution if you find yourself embroiled in a disagreement with another user of Sarap Now's services or a third party.
Release of Sarap Now. You release Sarap Now from any claims, demands, and damages arising out of disputes with other users or parties.
11. Disputes with Sarap Now
Please let us know if you have any complaints so we can try to make things right. In the event that we are unable to resolve the issue, the following regulations will apply:
A. Arbitration. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND SARAP NOW OR ITS SUPPLIERS OR SELLERS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT YAMIBUY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
B. Modifications. Any modifications we make to this "Disputes with Sarap Now" section following the date you last accepted the Terms will not apply to any claims made in a legal action against Sarap Now made earlier than the date the modifications took effect. If there are significant changes to the "Disputes with Sarap Now" section, Sarap Now will give you at least 30 days' notice before the modification takes effect. Within those 30 days, you have the option of closing your account or sending Sarap Now formal notice (including via email) if you object to the changed conditions. You consent to arbitrate any disputes with Sarap Now in accordance with the terms of this "Disputes with Sarap Now" section as of the date you last accepted the Terms, including any modifications made prior to your rejection, by rejecting a modified term or permanently terminating your account. You accept to be governed by the most recent version of the Terms if you reopen a closed account or open a new one.
12. Changes to the Terms
From time to time, we might alter these Terms. If we think the changes are important, we'll let you know by posting them on the Services and/or communicating with you via email or text message. You can then select if you want to keep using the Services. Unless otherwise stated, updates take effect as soon as they are posted. You are in charge of reviewing and familiarizing yourself with any modifications. You are deemed to have accepted the amended Terms if you continue to use the Services after the changes.
13. Some Finer Legal Points
Any other agreement between you and Sarap Now about the Services is superseded by the Terms, including all of the rules that make up the Terms. Any unenforceable portion of the Terms will be reduced to the absolute minimal amount necessary to ensure that the remaining portions of the Terms are still fully enforceable. Any provision of the Terms that we choose not to immediately enforce does not constitute a waiver of our right to do so in the future. Any of our rights and responsibilities under the Terms are assignable by us.
14. Contact Information
If you have any questions about the Terms, please email us at email@example.com.