GokuMarket User Agreement
Last revised: 2021-01-27
This user agreement (henceforth THE AGREEMENT) sets the legally binding terms and conditions regarding your access to and use of any websites, mobile websites, mobile applications, desktop applications, products or services (hereafter SERVICES), offered by GOKUMARKET OÜ, ’US’, ‘WE’, ’OUR’ shall refer to GOKUMARKET. The User, You, Your shall refer to any natural or legal entity and its authorized agents/users who choose to subscribe or use our services. Certain features of the site may be subjected to additional guidelines and sub rules as incorporated into this agreement.
By accessing or using the services, you are accepting this agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and the capacity to enter into this agreement. You shall not access or use the services or accept this agreement if you are below the age of 18 years. IF YOU DO NOT AGREE WITH ANY OR ALL OF THE PROVISIONS OF THIS AGREEMENT, KINDLY REFRAIN FROM ACCESSING AND /OR USING THE SITE AND ITS SERVICES.
We may amend the agreement with respect to services from time to time. Amendments will be effective on an immediate basis once they are posted onto this location. Your continued access and use of our services and products shall imply your unconditional consent for such amendments and shall therefore bind you with respect to the terms and conditions of this agreement.
Following are the necessary terms and conditions that a user is required to agree and comply with order to use the services and products of GOKUMARKET.
1.1 Accounts Creation:
In order to use certain features of GokuMarket, the user must register for an account and provide certain information about himself/herself as prompted by the account registration form. You represent and warrant that the information provided by you is correct and accurate to the best of your knowledge. You further acknowledge and agree that you will maintain the accuracy of the said information in future. Your use of the services is and shall be in accordance with the law. You may delete your account at any time, for any reason, by following the instructions of the site. GokuMarket can suspend or terminate your account in accordance with the provisions given in section 9.
1.2 Identity Verification:
You further acknowledge the condition that you will provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud or any other financial crime and permit us to keep a record of such information. You will be required to complete certain verification procedures before you are permitted to use the services and your access to the services may be altered as a result of information collected on a regular basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, social security number and your bank account. In providing us with such information or any information that may be required, you acknowledge that such information is accurate and to the best of your knowledge. You agree to update the information and keep it current at all times. You authorize us to make the enquiries, whether directly or through third parties, whichever we consider appropriate, in our sole discretion, to verify your identity to protect you and us from any financial crimes such as money laundering, fraud, etc. and to take action whenever we deem necessary on the basis of such inquiries.
1.3 Restrictions (Anti-Money Laundering & Anti-Terrorist Funding Policy):
By using our services and products, you acknowledge and warrant that neither you nor any of your directors, officers, employees, agents, affiliates or representatives including any individuals or any entity is subject to any sanctions. You acknowledge that you are located at a DESIGNATED JURISDICTION and you further warrant us that you have complied with all the necessary anti terrorism, anti money laundering, anti corruption laws in all material aspects and that you have instituted and maintained all necessary policies and procedures to comply with the aforementioned laws. DESIGNATED JURISDICTION means any country or any territory to the extent the extent that such country or territory is subject to such sanctions. SANCTIONS means any international economic protective measure enforced by UNITED NATIONS SECURITY COUNCIL, THE EUROPEAN UNION or any other relevant sanction authorities.
1.4 Account Responsibility:
By agreeing to this user agreement, you acknowledge that you are responsible for maintaining the confidentiality of your account login information and you shall be fully responsible for all activities that occur under your account including all consequences under any applicable law. You agree to immediately notify GOKUMARKET of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. YOU AGREE AND ACKNOWLEDGE THAT GOKUMARKET CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS.
You agree that you are solely responsible for ensuring that use of the Services is in compliance with all laws, rules and regulations applicable to you and the right to access the services is automatically revoked where the use of such services is prohibited or to the extent that the offering, sale or provisions of the services conflicts with any rule, law or regulation as may be applicable to you. You further acknowledge that the services provided by GOKUMARKET are legally authorized in your jurisdiction. You further acknowledge that you shall bear full responsibility in case of any misrepresentations given by you in order to gain access to the services of GOKUMARKET, thereby causing any violation of any law applicable in your jurisdiction. JURISDICTION means the extent of any law applicable to a country or location.
2. ACCESS TO THE SERVICES:
Subject to this agreement, GOKUMARKET grants you a non transferable, non exclusive, limited license to use and access its services solely for your personal or internal business purposes, in accordance with the account type you choose to subscribe to.
GokuMarket reserves the right, at any time, to modify, suspend, or discontinue the Services wholly or partially with or without any prior notice to you. You agree that GOKUMARKET shall not be liable to you or to any third party for any modification, suspension, or discontinuation of any services or any part thereof.
2.3 No Support or Maintenance:
You agree that GOKUMARKET will have no obligation to provide you with any support or maintenance in connection with the services.
You acknowledge that all the intellectual property, including copyrights, patents, trademarks, and trade secrets in the services and its content are fully owned by GOKUMARKET or its suppliers. Neither this Agreement nor the access to the services transfers to you or any third rights, except for the limited access rights expressly set forth in section 2.1 GOKUMARKET and its suppliers reserve all rights not granted in this Agreement. You further acknowledge that there is no implied licences granted under this agreement.
If you provide GOKUMARKET with any feedback or suggestions regarding the services, you hereby assign GOKUMARKET all rights in such feedback and related information in any manner it deems appropriate. GOKUMARKET will treat the feedback you provide as non confidential and non proprietary. You agree that you will not raise objections as to the use of the feedback information by you. GOKUMARKET SHALL HAVE THE ABSOLUTE LIBERTY TO USE SUCH FEEDBACK INFORMATION AS IT MAY DEEM NECESSARY.
3. PROHIBITED ACTIVITIES:
3.1. Prohibited Activities:
In connection with your use of services, you hereby agree that you will not
i] violate or assist any party in violating any applicable law, statute, ordinance or regulation; that includes market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
ii] intentionally or unintentionally attempt to defraud or assist in said act GOKUMARKET or any other user;
Iii] provide false, inaccurate, or misleading information;
iv] use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of GokuMarket Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through GokuMarket Services; (ii) attempt to access any part or function of the properties without authorization, or connect to GokuMarket Services or any GokuMarket servers or any other systems or networks of any GokuMarket Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of GokuMarket Services or any network connected to the properties, or violate any security or authentication measures on GokuMarket Services or any network connected to GokuMarket Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of GokuMarket Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of GokuMarket Services or GokuMarket, or the infrastructure of any systems or networks connected to GokuMarket Services; (vi) use any devices, software or routine programs to interfere with the normal operation of GokuMarket Services or any transactions on GokuMarket Services, or any other person’s use of GokuMarket Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to GokuMarket, or (viii) use GokuMarket Services in an illegal way;
v] attempt to take advantage of any technical glitch, malfunction, failure, delay, default, or any other security breach;
vi] take any action or step that interferes with, intercepts, expropriate any system, data, or information;
vii] partake in any transaction involving the proceeds of any illegal activity;
viii] attempt to gain unauthorized access to other GOKUMARKET accounts, the Services, or any related network or systems;
ix] use the Services on behalf of any third party or otherwise act as an intermediary between GOKUMARKET and any third parties;
x] use the Services to engage in conduct or any such activity that is or in near future may prove detrimental to GOKUMARKET or to any other third party;
xi] collect any user information from other users, including, without limitation, email addresses;
xii] defame, harass, or violate the privacy or intellectual property rights of GOKUMARKET or any other user; or
xiii] upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene, or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise;
xiv] further, you agree not to upload, transmit, or distribute to or through the Services any computer viruses, worms or any software program intended to damage or alter a computer system or data as well as you agree that you will not make any attempt to reverse engineer, de compile, disable, interfere with, disassemble, copy or disrupt the integrity or the performance of the Services, any third party use of the Services or any third party data contained therein;
xv] you further agree and warrant that you will not access the services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the services.
By accessing GokuMarket Services, you hereby agree and acknowledge that GokuMarket has the right to investigate any violation of the aforementioned Terms, also you understand that GokuMarket has the absolute right to unilaterally determine whether you have violated these Terms, and take necessary actions under relevant regulations or laws applicable/in-force without your consent or prior notice. Examples of such actions include, but are not limited to:
- Blocking and closing order requests;
- Freezing your account;
- Reporting the incident to the authorities;
- Disclosing the alleged violations and actions that have been taken;
- Deleting all kinds of misleading, defamatory information that you might publish through respective channels and which might be found incorrect and in violation of GokuMarket Terms and Conditions given under the User Agreement.
You hereby acknowledge and agree to the term that GOKUMARKET reserves the right to investigate and/or take any appropriate action against you at our sole discretion if you engage in any prohibited activities aforementioned or violate any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include, in our sole and absolute discretion, terminating your account in accordance with this agreement, reporting you to law enforcement authorities without providing any notice of you about any such report and confiscating any balance remaining in an GOKUMARKET account which has been terminated.
4. THIRD PARTY PRODUCTS AND SERVICES (OTHER USERS):
4.1 Third Party Services:
You acknowledge that the service will enable and assist you to access, interact with, and/or purchase services from several supported platforms and other third parties via third party websites or applications (hereafter called collectively as THIRD PARTY SERVICES). Such third party services are not under the control of GOKUMARKET. GOKUMARKET does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Services and is not responsible for any Third Party Services. You acknowledge that you are/will use all Third Party Services at your own risk and you acknowledge that GOKUMARKET has appropriately advised you to apply a suitable amount of caution and discretion in doing so. You agree that any use of such Third Party Services is governed solely by their terms and conditions and any contract entered into, or any transaction completed by any Third Party Services, is between you and the relevant Third Party, and GOKUMARKET has no involvement in the same. You agree that you shall comply in all respects with all applicable terms and conditions of such Third Party Services that you access or subscribe to in connection with Services. You acknowledge and agree that if at any time such Third Party Services cease to make their program available to us at reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or any other compensation.
By agreeing to this user agreement, you hereby acknowledge and agree that in case of sale of PREPAID CARD, it is merely a standard USD VISA PREPAID CARD and HAS NO DIRECT OR INDIRECT relation with cryptocurrency. You further understand and agree to the fact that GOKUMARKET is merely a RESELLER and tops up US DOLLARS on card if the equivalent crypto amount sold by user to GOKUMARKET.
4.2 Other Users:
We do not guarantee the identity of any users or any other party or ensure that a buyer or seller is authorized to complete a transaction or will between you and any such users. You agree and acknowledge that GOKUMARKET will not be responsible for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any user, we are under no obligation to become liable or to get involved in the same.
You hereby release and forever discharge GOKUMARKET and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or via Third Party action
5. THE GOKUMARKET WALLET:
5.1 Supported Cryptocurrencies:
The GOKUMARKET wallet allows you to send, receive, and store crypto currencies (collectively called WALLET TRANSACTIONS). The GOKUMARKET is only available in relation to the crypto currencies that GOKUMARKET, in its sole discretion, decides to support (SUPPORTED CRYPTO CURRENCIES). Information about the supported crypto currencies can be found on the GOKUMARKET website. The supported crypto currencies may change from time to time. Under no circumstances should you attempt to carry out a transaction in relation to a crypto currency other than the Supported one.
5.2 Transaction Instructions:
GOKUMARKET will process wallet transactions according to your instructions. You accept and agree that GOKUMARKET does not:
i] guarantee the identity of any user, receiver, or other party to a GOKUMARKET wallet transaction. You are solely responsible for ensuring all transaction details are correct, and you should carefully verify all transaction information prior to submitting transaction instructions to GOKUMARKET.
ii] Have any control over, or any liability in relation to, the delivery, quality, or any other aspect of any goods or services that you may buy or sell to any third party. GOKUMARKET shall not be responsible for, and will not take any action in relation to, ensuring that any buyer or seller you transact with using GOKUMARKET wallet completes the relevant transaction or has requisite authority to do so.
5.3 Receiving Cryptocurrency:
You may receive Supported Crypto currency into your GOKUMARKET wallet by providing the sender with a receive address generated in you GOKUMARKET wallet. Your GOKUMARKET wallet will only be credited with Supported Crypto currency sent to a receive address generated through your GOKUMARKET wallet and associated with that Supported Crypto currency.
5.4 User Consent For P2P Transaction:
GOKUMARKET allows you to use fiat currency funds solely in exchange for certain Supported Crypto currencies and with other users in so called P2P TRANSACTIONS. You acknowledge and completely understand that in a P2P transaction GOKUMARKET holds the digital currency in escrow between the two counterparties until payment in fiat currency funds between the buyer and seller users has been confirmed. You further acknowledge that GOKUMARKET does not take custody or facilitate transfer of the FIAT CURRENCY funds in this model and the transfer of the FIAT CURRENCY funds is solely a connection between the user and the currency being purchased. Without prejudice to the foregoing, you hereby grant GOKUMARKET the right to resolve any and every issues and disputes among users in its sole discretion.
5.5 Trading Between Supported Crypto Currencies:
GOKUMARKET allows you to trade with other users between various supported CRYPTO CURRENCIES.
5.6 Sharing User Information:
In the course of processing a WALLET TRANSACTIONS, GOKUMARKET may be required to share your user information with other contractual third parties, or as required under applicable laws or demanded upon a lawful request by any Governmental Authority. YOU HEREBY IRREVOCABLY GRANT FULL PERMISSION AND AUTHORITY TO GOKUMARKET TO SHARE SUCH INFORMATION WITH ANY SUCH THIRD PARTY, OR AS REQUIRED UNDER APPLICABLE LAWS OR DEMANDED UPON A LAWFUL REQUEST BY ANY GOVERNMENTAL AUTHORITY, AND RELEASE GOKUMARKET FROM ANY LIABILITY, ERROR, MISTAKE, OR NEGLIGENCE RELATED THERETO.
5.7 Trade Corrections:
You acknowledge and agree that GOKUMARKET may correct, reverse or cancel, in its sole discretion , any order, trade, transfer, or other transaction or activity with respect to which GOKUMARKET has discovered that there was an error or abnormality, whether such error or abnormality was caused by you, GOKUMARKET or any third party or due to any abnormality was caused by you, GOKUMARKET or any third party or due to any technical issues, system issues, software failure or otherwise. You agree that GOKUMARKET provides no guarantee and warranty that any such attempt will be successful and will have no liability for any and will have no liability for any such errors or any correction attempts.
You agree to pay GOKUMARKET the fees set forth in the website which may be updated from time to time at our sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorize GOKUMARKET to remove any amounts from your account for any applicable fees owed by you under this Agreement.
6.2 Withdrawal Fees:
You may be charged a fee to send or withdraw a Supported Crypto Currency from your GOKUMARKET wallet.
6.3 Service Charges:
GOKUMARKET charges a particular fee for the customers who trade Supported Crypto currency using our Services. GOKUMARKET will, at the time of any transaction on its Exchange, notify you of any fees that will be applicable on the transaction. By proceeding with any transaction, you accept and agree to the applicable fees. NO FURTHER OBJECTIONS SHALL BE APPLICABLE ON THE FEES CHARGED.
7. ACCOUNT SUSPENSION OR TERMINATION:
This agreement will continue to apply to you until terminated by either you or GOKUMARKET. Any provision of this Agreement which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of this Agreement.
7.2 Suspension, Termination:
We may terminate your Account or suspend your access to the Services at any time and with immediate effect for any reason or no reason, in our sole discretion, delay deposits or withdrawals if we believe the transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates the terms of this Agreement.If the account is terminated due to fraud, violation of law, or violation of this Agreement, GOKUMARKET may, in its discretion, confiscate any balance remaining in the Account and deliver it to any applicable Government, law enforcement, or other authorities where the circumstances warrant.
You may cancel your Account at any time by sending us a request on the website. UPON TERMINATION OF THIS AGREEMENT AND YOUR ACCOUNT, YOU SHALL BE SOLELY LIABLE FOR ALL TRANSACTIONS MADE WHILE THE ACCOUNT WAS OPEN.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND GOKUMARKET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90)DAYS FROM THE DATE OF FIRST USE. GOKUMARKET DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR ANY CONTENT PROVIDED BY THIRD PARTIES. GOKUMARKET DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. GOKUMARKET IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY SERVICES ASSOCIATED WITH OR OF ANY SUCH THIRD PARTY SERVICES OR SUPPORTED PLATFORMS.
9. INDEMNIFICATION CLAUSE:
YOU HEREBY ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD GOKUMARKET OÜ HARMLESS, INCLUDING COSTS AND ATTORNEYS’ FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF SERVICES, YOUR VIOLATION OF THIS AGREEMENT, YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS, ANY THIRD PARTY SERVICES. GOKUMARKET RESERVES THE RIGHT, AT YOUR EXPENSE , TO ASSUME THE EXCLUSIVE DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF GOKUMARKET. GOKUMARKET WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
10. LIMITATION ON LIABILITY:
To the maximum extent permitted by the applicable law, in no event will GOKUMARKET, its affiliates their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including without limitation, damages for loss of data, information, revenue, profits or other business or financial benefits) arising out of or in connection with the services, any performance or non performance of the services, or any other product, service or any other item provided by or on behalf of GOKUMARKET and its affiliates, whether under contract, statute, strict liability or other theory even if GOKUMARKET has been advised of the possibility of such damages.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF GOKUMARKET, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ETC ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GOKUMARKET OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES OR CHARGES PAID BY YOU TO GOKUMARKET UNDER THIS AGREEMENT IN THE TWELVE(12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
11. NON LIABILITY DISCLAIMER:
By agreeing to this agreement, you hereby acknowledge that trading in crypto currencies involves a high risk. Cryptocurrencies are subject to constant and frequent fluctuations in value and exchange rates, and further the value of cryptocurrency asset may increase or decrease at any time. Accordingly, you may suffer a complete loss of the funds invested in the same. By giving consent to this agreement, you acknowledge that you are solely responsible for determining the nature, suitability and appropriateness of the trading risks for you. GOKUMARKET OÜ shall not be responsible for any losses or gains incurred in connection of your use of its services and products. You also acknowledge and agree that GOKUMARKET OÜ does not solicit any advice or recommendations regarding the trading of crypto currencies including the suitability and appropriateness of any investment strategies for such trading in crypto currencies.
You further acknowledge and agree that GokuMarket and your ability to use its services and products may be detrimentally impacted by any regulatory actions or changes in regulations with respect to crypto currency. You agree that we may disclose your personal account information if we believe or have any reason for the same that it is necessary to comply with any existing or future LAW, REGULATION, or for any legal process or any GOVERNMENTAL REQUEST.
You further acknowledge that GOKUMARKET is not a financial institution, bank, credit union, trust, hedge fund, broker or investment or financial advisor and is not subject to the same laws, regulations, directives or requirements applicable to such persons. You also acknowledge that no oral or written information or advice provided by GOKUMARKET, its officers, directors, employees or agents, nor any information obtained through the services will or shall constitute an investment or financial advice. You shall be solely and exclusively responsible for any and all trading decisions carried out by you using our services.
YOU ALSO ACKNOWLEDGE THAT GOKUMARKET IS MERELY A TECHNOLOGICAL PLATFORM AND YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE LEGAL, REGULATORY, AND TAX COMPLIANCE.
12. DISPUTE RESOLUTION MECHANISM:
The agreement requires that ARBITRATION be used as the method of dispute resolution on an individual basis rather than Court Trials or Class Actions and also limit the remedies available to the user in case of a dispute arises. It also provides that you are giving an unconditional CLASS ACTION WAIVER to GOKUMARKET.
WAIVER OF JURY TRIAL:
You hereby acknowledge and agree that you waive your rights to go to a COURT OF LAW and have a trial in front of the same. Instead you agree that all claims shall be settled by way of Arbitration under this Arbitration clause.
WAIVER OF CLASS ACTION SUIT:
All claims and disputes within the scope of this agreement 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.
YOU AGREE TO FIRST GIVE US AN OPPORTUNITY TO RESOLVE ANY CLAIMS MADE BY YOU BY CONTACTING US ON OUR WEBSITE/MOBILE OR DESKTOP APPLICATION. IF WE ARE UNABLE TO RESOLVE ANY CLAIMS MADE BY YOU WITHIN 90 DAYS OF RECEIVING THE NOTICE, YOU MAY SEEK RELIEF THROUGH ARBITRATION PROCEEDING AS DISCUSSED ABOVE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL ASPECTS OF THE ARBITRATION PROCEEDING, INCLUDING BUT NOT LIMITED TO THE AWARD OF THE ARBITRATOR AND COMPLIANCE THEREWITH, SHALL BE STRICTLY CONFIDENTIAL. YOU AGREE TO MAINTAIN THE CONFIDENTIALITY UNLESS OTHERWISE REQUIRED BY LAW. THIS CLAUSE SHALL NOT PREVENT GOKUMARKET FROM SUBMITTING TO A COURT OF LAW ANY SUCH INFORMATION WHICH MIGHT BE NECESSARY IN ORDER TO ENFORCE THIS AGREEMENT, TO ENFORCE AN ARBITRATION AWARD, OR TO SEEK ANY INJUNCTIVE OR EQUITABLE RELIEF.
IF ANY PART OF THIS AGREEMENT BECOMES INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN SUCH SPECIFIC PART/PARTS SHALL CEASE TO BE IN EFFECT AND SHALL BE SEVERED AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.
THIS ARBITRATION CLAUSE WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH GOKUMARKET.
EXCEPTIONS TO ARBITRATION CLAUSE:
NOTWITHSTANDING THE FOREGOING, ANY CLAIMS OF DEFAMATION, INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTYS’ PATENT, COPYRIGHT, TRADEMARK, OR TRADE SECRET SHALL NOT BE SUBJECT TO THIS ARBITRATION CLAUSE.
13. APPLICABLE LAW:
The laws of Estonia and other European Union jurisdictions will govern the TERMS AND CONDITIONS and any dispute that arises between you and GOKUMARKET OÜ.
14. NON LIABILITY IN CASE OF FORCE MAJEURE:
YOU HEREBY ACKNOWLEDGE AND AGREE TO THE CONDITION THAT GOKUMARKET IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY DELAY OR FAILURE TO PERFORM UNDERTAKINGS UNDER THIS AGREEMENT WHEN THE CAUSE OF DELAY OR FAILURE IS DUE TO FIRES, STRIKES, FLOODS, POWER OUTAGE OR FAILURES, ANY OTHER ACT OF GOD OR THE STATES’ ENEMIES, WAR, ANY LAWFUL ACT OF AN PUBLIC AUTHORITY, ANY AND ALL MARKET MOVEMENTS, SHIFTS, OR VOLATILITY, ANY TECHNICAL MALFUNCTIONS, SECURITY BREACH OR IN CASE OF AN CYBER ATTACK, OR ANY OTHER DELAYS, DEFAULTS, FAILURES OR INTERRUPTIONS THAT CANNOT BE REASONABLY FORESEEN OR PROVIDED AGAINST. YOU AGREE THAT IN CASE OF SUCH FORCE MAJEURE, GOKUMARKET SHALL BE EXEMPTED AND EXCUSED FROM ANY AND ALL PERFORMANCE RELATED OBLIGATIONS UNDER THIS AGREEMENT FULLY AND CONCLUSIVELY.
15. CONSENT FOR ELECTRONIC COMMUNICATION:
You hereby give your consent to receive communication from GOKUMARKET in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that GOKUMARKET provides to you electronically satisfy all the legal requirements that such communications would satisfy if it were in a hardcopy writing.
16. ENTIRE AGREEMENT: