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English
Last Modified: 31 March 2020
These “Terms” record the contractual agreement between you (“you”, “your”) and Alternative Connection Company Limited. ("Alternative",“Syllere”, “we”, “us”, “our”), regarding your use of and access to the website located at https://www.Syllere.com or/and any other websites owned or operated by Syllere or any portions thereof (collectively, the “Website”), our mobile app “Syllere” (the “App”), our customer service (including refunds) and any resources, features, functionality, or services made available through the Website and/or App (collectively, the “Service”).
REGARDLESS OF WHETHER YOU ARE OR ARE NOT A REGISTERED USER OF Syllere, BY USING THE WEBSITE OR APP, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY LOCATED AT https://www.Syllere.com/privacy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, DO NOT USE THE WEBSITE OR APPLICATION.
Syllere reserves the right to change, add, or delete any portions of these Terms from time to time, without liability or any notice to you. All changes are effective immediately when we post them. Your continued use of the Website and/or App constitutes your acceptance of and agreement with any and all such changes. It is your responsibility to regularly check the Website or App to determine if there have been changes to these Terms and to review such changes. At its sole discretion, Syllere also may offer other services or features governed by different terms and conditions.
Syllere hereby grants you a revocable, royalty-free, non-exclusive, non-transferable, non-sublicensable, limited license to download, install, and use the App in connection with the Services provided to you by Syllere, strictly in accordance with these Terms.
Syllere may from time to time provide enhancements or improvements to the features and functionality of the App, which may include patches, bug fixes, updates, upgrades and other modifications. Such updates may modify or delete certain features and/or functionalities of the App. You agree that Syllere has no obligation to provide any updates or continue to provide or enable particular features and/or functionalities of the App to you. You further agree that all updates will be deemed to constitute an integral part of the App and subject to the Terms.
Certain items of software included with the App may be subject to “open source” of “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject of the Terms. Instead, each item of Open Source Software is licensed under the terms of the end-user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end-user license for the Open Source Software.
Syllere reserves the right at any time and in its sole discretion to modify, refuse (to anyone for any reason) or discontinue, temporarily or permanently, the Website, the App or the Service (or any part thereof) with or without any notice. You agree that Syllere shall not be liable to you or to any third party for any claim or loss related to you and arising out of such modification, suspension, or discontinuance of the Service.
Syllere provides an online platform for merchants who comply with Syllere’s policies to offer and sell certain goods to consumers. Syllere is not directly involved in the transaction between buyers and merchants and any rights that you may have in respect of any item sold through the Website or App are therefore only against the merchant from whom you purchase it and not against Syllere. All purchases through the Website or App or other transactions for the sale of goods or Services are governed solely by the terms and conditions of sale between you and the merchant.
Syllere acts as the merchant’s agent for purposes of processing payments, chargebacks, refunds, customer service and adjustments for transactions between buyers and merchants, receiving and holding transaction amounts on behalf of buyers, charging buyers’ credit cards, and paying merchants amounts buyers owe them. Notwithstanding, in no event shall Syllere be financially liable for chargebacks to merchants or be responsible to resolve disputes between buyers (cardholders) and merchants.
The Service includes various media sharing and communication tools. You understand and agree that the Service may include advertisements and that these advertisements help enable Syllere to provide the Service. You also understand and agree that the Service may include certain communications from Syllere. By using the Website, App or Service, you will automatically be deemed to have opted in to receiving e-mail communications from us and to have agreed that Syllere, registration number: 40103993365, registered address: Riga, Gustava Zemgala st. 78, LV-1039, and/or any other part or division of Syllere, is entitled to obtain, process and/or hand over to our business partners any of your personal data (including sensitive data) or any other information disclosed or provided by you, subject to applicable laws and our privacy policy, for the purpose of enabling optimal and better Services. When you sign in for the first time, your preferences will be set to automatically, allowing interactions from our partners and from merchants that you are buying products from. However, you will be able to edit these preferences at any time under “Settings”.
Any user IDs, names or passwords associated with your account shall be maintained by you as confidential and should not be shared by you with anyone else. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You may have multiple accounts on Syllere, but Syllere strictly forbids the use of multiple accounts for the same single user or the use of one account for multiple users for the purpose of earning more rewards. Syllere will not honor rewards from such accounts.
Each user represents, warrants and agrees that any information posted or displayed to the Website or App shall:
Each user represents, warrants and agrees that you shall/are:
By registering as a user, you certify that you are 13 years of age or older. Children under the age of 13 may not become a Syllere user, and parents or legal guardians may not agree to these Terms on their behalf. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally-identifiable information or for the use of the Service, by registering as a user, you hereby represent that your registration as a user, the provision of your personally-identifiable information to us, and our use of such personally-identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.
Syllere has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions or content in Syllere’s sole discretion. By using the Website, the App or the Service or communicating with Syllere or others by means of your access to the Website or App, you consent to receiving communications from Syllere, including but not limited to, emails, text or messages in social networks, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Website or App, including but not limited to, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates these Terms.
By using the Website, App or Service or becoming a registered user, you agree to be subject to the terms and conditions set forth in our Privacy Policy. All information we collect on this Website or App or through our Services are subject to the Privacy Policy.
The Website, App, and the content and all intellectual property rights included in or associated with the Website or App, including, but not limited to patents, copyrights, trademarks, service marks, logos, (collectively, the “Content”) are either owned by Syllere or owned by others and licensed to us. All rights, title and interest in and to the Website or App and such Content remains with us or our licensors. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website, App or in the Content. You agree not to access the Service by any means other than through the interface Syllere provides via the Website or App for use in accessing the Service. Unless specifically set forth herein, your use of the Website, App or Service does not grant you any right, license or permission of any kind to reproduce, distribute, modify, create derivative works of, publicly display, republish, store, download, or otherwise use Syllere’s intellectual property.
The Content is provided for general information only. It is not intended to amount to advice on which you should rely, and any reliance you place on such information is strictly at your own risk. Syllere disclaims all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of the Content. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website or App.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete, useful or up to date.
Syllere welcomes your feedback, but if you send us or post or embed on the Website, App or via any part of the Service, (a) any feedback, messages or comments; (b) your creative or original concepts or ideas; (c) any content, data, text, photographs, graphics or other materials; or (d) any confidential, proprietary or other information (each, a “Submission”), you represent and warrant to Syllere that you own the Submission and have the right to grant Syllere the license set out below.
You agree that in using all or part of a Submission, Syllere shall not be required to compensate you for any such license or Submission in addition to the provided possibility to utilize the Service, that any such Submission shall not be considered confidential, proprietary, or non-public once submitted to Syllere, and that Syllere alone is free to decide whether or not to post or use all or any part of the Submission. In the event that all or part of a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to Syllere via the Website, App or otherwise, you: (a) agree not to make any Submission that violates these Terms in any way; (b) automatically grant Syllere a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of any use by us or any of our licensees of any Submission; and (e) agree that you, not Syllere, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through the Service, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these Terms.
Syllere reserves the right to remove any Content at any time with or without any notice. Inappropriate content is not permitted on the Website or App. Inappropriate content includes, but is not limited to: Submission related to firearms, alcohol, illegal drugs and drug paraphernalia, tobacco and tobacco products; adult or pornographic material; offensive or obscene material; Submission that promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; Submission that will likely deceive any person; Submission that impersonate any person or misrepresents your identity or affiliations; or Submission that violates the intellectual property rights or right to privacy of any other person. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Syllere’s, employee, officer, partner or customer may result in immediate termination of your accounts.
We are not responsible for viruses, spyware, worms or any other malicious software or code and you must not introduce them to the Website or App.
This Website may include information and materials uploaded by other users of the Website or App, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS Syllere AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Syllere DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Syllere OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website or App and cannot ensure prompt removal of inappropriate content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding Submissions, transmissions, communications, or content provided by any user or third party.
Syllere shall have the right to terminate your use of the Website, App and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these Terms, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, Syllere shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that Syllere terminates your use rights, Syllere shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and/or liabilities occasioned by any such breach or violation.
All provisions of these Terms save for the license grant will survive termination. Termination of these Terms will not limit any of Syllere’s rights or remedies at law or in equity in case of breach by you (during the term of these Terms) of your obligations under the present Terms.
The Website, App and Service may contain links to third-party websites or services not under our control or operation. You acknowledge and agree that Syllere shall not be responsible for any third-party websites or services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Syllere or users may provide any such links only as a convenience and you access and use them entirely at your own risk and subject to such third party’s terms and conditions. Syllere does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Website and/or App may contain news, advertisements, content, image and information published by various third-party providers. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to our site in any website that is not owned by you. The website in which you are linking must comply in all respects with our content standards from time to time.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without any notice at any time.
Since we respect artist and content owner rights, it is Syllere’s policy to consider notices of alleged infringements.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on Syllere, please notify Syllere’s copyright agent at [email protected]. When filing your report, please provide the following information:
In an effort to comply with consumer legislation, we strongly encourage our merchants as well as our end customers to maintain good standing with respect to custom and value-added taxes or VAT, where applicable.
Due to separate and applicable tax jurisdictions, the end customers’ purchases may be subject to specific sales, custom or value-added taxes, (and it is your responsibility to pay these, if applicable), and the shipping time and associated cost may increase. When ordering an item via the Website or App you are the importer of goods and must fully comply with all laws and regulations of the destination country.
It is easy to make a purchase from the Syllere Website.
The merchant will receive your order information 2 hours after payment. So if you change your mind within 2 hours of purchase, you can cancel the order at the bottom of the order page (see “How to request a refund”, below).
Please note that it may not always be possible for a merchant to accept an order (perhaps because you live in a country that restricts imports or imposes high import tariffs or for other reasons) and that an order will only become binding if it is accepted by the merchant. It typically takes 1-2 days for a merchant to ship your order although the exact delivery times will vary depending on your location. Your payment may be processed through Ingenico ePayments P&E creation Company limited or Alternative Connection Company Limited or Alternative Connection LLC
Please note that if there is a change in the rate of any sales tax between your order date and the date any product is supplied to you, we may be required to adjust the rate of sales tax that you pay.
You will be entitled to a full refund if:
You should return the product to the merchant. Do not forget to contact our customer support team to clarify the return address before you return the product; otherwise Syllere reserves the right to reject your refund request. Only after the support team has received a proof of the return shipment can a refund be considered. We aim to respond to all requests within 48 hours upon receiving the same.
The following products cannot be returned unless they were clearly defective:
Syllere does not cover the shipment costs of returns.
You may be entitled to a partial refund if the product quality is different than that in the relevant product description.
There are several ways to request a refund:
Neither Syllere nor its licensors or suppliers makes any representations or warranties concerning any Content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and Services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided from Syllere “AS IS” and without any warranty of any kind, either express or implied. Any written warranty about a specific product by a third-party merchant using Syllere’s platform to sell a particular product extends from the merchant to you directly and binds only the merchant, not Syllere. YOUR USE OF THE WEBSITE AND APP AND THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SAME IS AT YOUR OWN RISK. THE WEBSITE AND APP AND THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SAME ARE PROVIDED BY Syllere (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER Syllere NOR ANY PERSON ASSOCIATED WITH Syllere MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR CONTENT THEREOF.
For products shipped internationally, please note the following: the manufacturer warranty may not be valid, depending on the manufacturer’s or your jurisdiction; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported your country. When ordering from the Website or App, you are the importer and must therefore comply with all laws and regulations of your country.
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. HOWEVER TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF STATUTORY DUTY, STRICT LIABILITY, OR OTHERWISE, SHALL Syllere (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY DAMAGES OF ANY KIND (EVEN IF FORESEEABLE), UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE, LOSS OF GOODWILL BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION OR ANTICIPATED SAVINGS, WORK STOPPAGE, ACCURACY OF RESULTS, LOSS OF DATA, OR COMPUTER FAILURE OR MALFUNCTION. IN NO EVENT SHALL Syllere'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF (I) 100 EUR OR (II) THE AMOUNT PAID BY YOU TO Syllere IN CONNECTION WITH THE PRODUCT OR SERVICES GIVING RISE TO THE APPLICABLE CLAIM.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Syllere, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of these Terms, including any Submissions, any use of the Website or App content, Services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website or App. In the event of such a claim, suit, or action, we will attempt to provide notice of such claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without Syllere’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
These Terms and your use of the Service will be governed by and interpreted in accordance with the laws of the State of Delaware and all claims and disputes (including non-contractual claims and disputes) arising out of or in connection with your use of the Service will be determined in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule. The United Nations Convention on Contracts for the International Sale of Products is hereby excluded from this Agreement.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that Syllere may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
You and Syllere agree that these Terms and our Privacy Policy are the sole and entire agreement and mutual understanding between you and Syllere, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Syllere, and you do not have any authority of any kind to bind Syllere in any respect whatsoever.
Please read this carefully. It affects your rights. YOU AND Syllere AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICE, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SERVICE, TO THESE TERMS, OR TO THE CONTENT, AND/OR USER SUBMISSION (PUBLIC, PERSONAL AND/OR LIMITED AUDIENCE) ON THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION AS FURTHER DESCRIBED BELOW.
“Disputes” shall include, but are not limited to, any claims or controversies between you and Syllere related in any way to or arising out of in any way from the Service, the Content, or any Submission, including but not limited to claims or controversies concerning any sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Syllere, even if the claim arises after you or Syllere has terminated Service or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that Syllere brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Syllere, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Syllere; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.
Before initiating an arbitration, you and Syllere each agree to first provide the other party a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute sent to Syllere should be sent to: Gustava Zemgala st. 78, LV-1039, Riga, Latvia and emailed to [email protected]. Syllere will provide a Notice of Dispute to you via the email address associated with your Syllere User ID. You and Syllere agree to make attempts to resolve the Dispute during the period of 45 days after a Notice of Dispute is given and not to commence an arbitration proceeding until this45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Syllere may commence an arbitration proceeding.
Unless you and Syllere agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS International Arbitration Rules then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) be conducted by phone, based on written submissions, or in person in the county where you reside or some other place reasonably convenient to you. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Syllere each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. Further, unless both you and Syllere expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Unless the arbitrator determines the claim is frivolous, (1) Syllere will pay all filing, administration, and arbitrator fees associated with the arbitration, at your request, for claims for which the value of the relief sought is 10,000 EUR or less; (2) Syllere will not seek attorneys’ fees and costs in arbitration; and (3) you will be entitled to recover reasonable attorney fees. However, if the arbitrator determines that the claim is frivolous, you agree to reimburse Syllere for all of the foregoing fees paid by Syllere on your behalf.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial. YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND Syllere ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
If your claim does not exceed 5,000 EUR, you and Syllere agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Syllere submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Syllere, or deemed necessary by the arbitrator, you and Syllere agree that the hearing will be conducted telephonically or videographically.
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed 5,000 EUR, Syllere will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).
As an alternative to arbitration, you or Syllere may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Syllere on your behalf.
Please feel free to contact Syllere Support at [email protected] with any questions or concerns.
Here you can send a request to get a copy of your data.
Here, you can opt-out of having your data shared with Facebook, Adjust, and Google.
Here you can send a request to delete your data.
Here you can withdraw your consent on our use of all or a specific category of your data and ask us a question.
