Thank you for choosing Quickermark! These Terms of Use ("Terms") outline the regulations and limitations that oversee your utilization of our applications, products, services, and websites ("Services").

 

1. Introduction

1.1 Your location does not determine the party with whom you are entering into these Terms:

•             If you are located anywhere in the world, these Terms constitute a contractual agreement between you and the company Pharmatronic LTD.

1.2 Within these Terms and Policies (as defined below), references to "Quickermark," "we," or "us" pertain to Pharmatronic LTD, Pharmatronic LTD UK Limited, and Pharmatronic LTD, as applicable. For the purposes of these Terms and Policies, we also include:

•             Our online marketplace platform, website, and mobile applications, which enable third parties to establish online stores or sell products, and may offer additional features, products, services, or content, including information exchanges, referred to as the “Quickermark platform” or “our marketplace app”;

•             Third parties who list and vend products and services through the Quickermark platform and our Services as "Sellers," and the products and services they offer as “Products”;

•             End users, encompassing visitors to the Quickermark platform and those who utilize our Quickermark platform to procure Products from Sellers, addressed as "you."

1.3 In our capacity as a marketplace, we neither possess nor sell the Products displayed on the Quickermark platform. When you make a purchase of one or more Products from a Seller through the Quickermark platform (an “Order”), the transaction is exclusively between you and the Seller. The Seller is responsible for fulfilling your Order, overseeing their Products, and delivering any post-sale services. We and our affiliates provide technical and operational assistance for our marketplace app and serve as a payment collection agent for the Seller, solely for the purpose of receiving payments from you. On the Quickermark platform, you may make payments for multiple Orders (from various Sellers) in a single transaction, and these Orders may be shipped together in one package.

1.4 Kindly review these Terms thoroughly, and if you have any inquiries, remarks, or concerns regarding these Terms or the Services, please reach out to us: (1) if you are using a Quickermark website, use the appropriate email address provided on the “Contact us” page accessible in the website footer, and (2) if you are using a Quickermark application, contact us through the “Customer support” section located in the “You” menu at the bottom of the home page. These Terms constitute a legally binding agreement between you and Quickermark. By completing the registration process and/or accessing the Services, you affirm that (1) you have read, comprehended, and consented to abide by these Terms; (2) you are of legal age to enter into a binding contract with us; and (3) you possess the authority to enter into these Terms personally. It is advisable not to use or access the Services unless you agree to be bound by all of these Terms.

1.5 Your engagement with specific Services and your participation in them may be subject to supplementary policies that we may issue periodically (“Policies”), including our Privacy & Cookie Policy. In the event of any inconsistency between the Terms and the Policies, the Policies shall prevail in relation to the relevant subject matter. If you maintain a seller account, your utilization of the Services is also regulated by the Seller Services Agreement. In case of a conflict between the Seller Services Agreement and these Terms, the Seller Services Agreement shall take precedence.

1.6 PLEASE BE ADVISED THAT SECTION 20 BELOW INCLUDES PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN YOU AND QUICKERMARK. THIS INCLUDES, BUT IS NOT LIMITED TO, DISPUTES THAT MAY HAVE ARISEN OR BEEN ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. SECTION 20 CONTAINS, AMONG OTHER THINGS, AN AGREEMENT TO ENGAGE IN BINDING AND FINAL ARBITRATION FOR THE RESOLUTION OF ALL DISPUTES BETWEEN YOU AND QUICKERMARK, WITH ONLY LIMITED EXCEPTIONS. UNLESS YOU CHOOSE TO OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS OF THESE TERMS BECOMING EFFECTIVE: (1) YOU AND QUICKERMARK WILL ONLY BE ALLOWED TO PURSUE DISPUTES OR CLAIMS AND SEEK REMEDIES AGAINST EACH OTHER INDIVIDUALLY, AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND EACH PARTY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) EACH PARTY WAIVES THE RIGHT TO RESOLVE DISPUTES OR CLAIMS AND SEEK REMEDIES IN A COURT OF LAW WITH A JURY TRIAL. IN SOME COUNTRIES, YOU MAY HAVE ADDITIONAL RIGHTS, AND CERTAIN ASPECTS OF THE ARBITRATION AGREEMENT MAY NOT APPLY TO YOU AS REQUIRED BY APPLICABLE LAW.

 

1.7 PLEASE BE AWARE THAT THESE TERMS MAY BE MODIFIED AT OUR SOLE DISCRETION AT ANY TIME. Whenever changes are made, we will provide a new version of the Terms and any updated Policies on the Quickermark platform. The "Last Updated" date at the top of the Terms will also be revised. These changes will take immediate effect for all Services users, except for any significant changes that will become effective for existing users thirty (30) days after their announcement. In some cases, we may require you to explicitly consent to the updated Terms before you can continue using the Services. If you do not agree to any such changes after being notified, you must cease using the Services. Otherwise, your ongoing use of the Services will constitute your acceptance of these changes. PLEASE MAKE REGULAR CHECKS OF THE WEBSITE OR APPLICATION TO REVIEW THE MOST CURRENT VERSION OF THE TERMS.

 

2. Services and the Role of Sellers

2.1 We operate a marketplace app that facilitates the exchange of information and the completion of Orders between Sellers and users.

2.2 Sellers are responsible for establishing and managing their stores on our marketplace app, creating and uploading Product listings (including product descriptions and prices) to their stores, and sourcing and fulfilling your Orders. It's important to note that Sellers may not be located in the same country or region as you, which can impact taxes, customs, or the applicability of consumer protection regulations.

2.3 In the course of providing our Services and serving as a payment collection agent for Sellers, we may assist with payment processing, returns, refunds, and other customer service and transaction-related functions for your Product purchases from Sellers. It's crucial to understand that we do not have control over and cannot guarantee the quality, safety, suitability, or legality of the Products, nor can we verify the accuracy or legality of any information contained in Product listings or other information provided by Sellers or other users. Furthermore, we bear no responsibility for the performance or behavior of Sellers or other users, including whether a Seller can effectively sell Products or fulfill an Order. Unless explicitly stated otherwise, we do not endorse any specific Seller, store, Product, or Product listing.

2.4 Our role as a payment collection agent for Sellers is strictly limited to accepting payments from you. Upon receiving your payment for the agreed-upon amount between you and the Seller, we will facilitate the transaction as specified.

Seller, your obligation to pay the Seller for that amount is discharged. It is our responsibility to transmit the funds to the Seller as outlined in the Seller Services Agreement.

 

2.5 Prior to placing an Order with a Seller, please carefully review all descriptions and restrictions pertaining to the Product you are interested in. If you have any specific circumstances (e.g., a medical condition or special need) that may impact or be impacted by the Product you intend to purchase, it is solely your responsibility to inform the Seller before proceeding with your Order.

 

3. User Requirements and Registration

3.1 To utilize the Services, you affirm that you are at least eighteen (18) years old and meet the legal age requirements for entering into a binding contract. Although Sellers may offer Products intended for children, these Products are meant to be purchased by adults. Some Products may also be intended for specific age groups or "mature audiences" only. By ordering such Products, you certify that you are of the appropriate age to view, use, possess, or receive them. We do not assume responsibility for any third-party content that you may find offensive, indecent, or objectionable.

 

3.2 You are prohibited from using the Services if: (a) you lack the capacity to enter into a binding agreement with us; (b) you are situated in a country subject to U.S. embargoes; (c) you appear on any U.S. Agency list that restricts certain individuals or entities, such as the Treasury Department's list of Specially Designated Nationals; or (d) we have banned you from accessing the Services, at our sole discretion.

 

3.3 Creating an account and selecting a password and username may be required. When establishing your account on the Quickermark platform (“Account”), you agree to provide accurate, complete, up-to-date, and genuine information about yourself, including contact details. It is your responsibility to maintain the accuracy of your registration information with us. You are accountable for all activities carried out under your Account. You also commit to supervising your Account to prevent its use by minors and assume full responsibility for any unauthorized use of the Services by minors. Using a username that you do not have the rights to use or impersonating another individual through your username is prohibited. You may not transfer your account to another person without our prior written consent. Furthermore, you are not permitted to create an Account or utilize the Services if you have been permanently banned from any of the Services. Sharing your Account or password with others is prohibited, and you agree to promptly notify us of any unauthorized password use or any security breaches, as well as logging out of your Account at the end of each session.

 

3.4 You can also register an Account by connecting through your social network service account and its credentials (an “SNS Account”). If you choose to access the Services via an SNS as part of the Services' functionality, you can link your Account with SNS Accounts by granting us access to your SNS Account, in accordance with the terms and conditions governing your SNS Account. You confirm that you have the right to grant us access to your SNS Account (including, but not limited to, use for the purposes described herein) without violating any terms and conditions that govern your SNS Account, and without obligating us to pay fees or becoming subject to usage restrictions imposed by such SNS. By granting us access to your SNS Accounts, you acknowledge that we may access, make available, and store (if applicable) any content (as defined below) that you have provided and stored in your SNS Account (“SNS Content”), so that it can be accessed on and through the Services via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be treated as User Submissions for all purposes outlined in the Terms. Depending on your chosen SNS Accounts and subject to your privacy settings on those accounts, personal information that you post on your SNS Accounts may be accessible through your Account on the Services. Please be aware that if an SNS Account or associated service becomes unavailable, or our access to such SNS Account is terminated by the SNS, then SNS Content will no longer be accessible on the Services. You retain the ability to disconnect the link between your Account and your SNS Accounts at your discretion, accessible through the “Settings” section of the Services. PLEASE BE AWARE THAT YOUR RELATIONSHIP WITH THE SNS PROVIDERS CONNECTED TO YOUR SNS ACCOUNTS IS GOVERNED EXCLUSIVELY BY YOUR AGREEMENT(S) WITH THOSE SNS PROVIDERS. WE DISCLAIM ANY RESPONSIBILITY FOR PERSONAL INFORMATION THAT MAY BE TRANSMITTED TO US BY SUCH SNS PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS YOU HAVE CONFIGURED ON THOSE SNS ACCOUNTS. We do not make any effort to review SNS Content for any purpose, including but not limited to, accuracy, legality, or non-infringement, and we do not bear responsibility for any SNS Content.

 

4. Rules and Restrictions

4.1 You consent to using the Services solely for your own purposes and not on behalf of or for the advantage of any third party. Your usage must align with these Terms, the Policies, and all applicable laws and regulations. If your utilization of the Services contravenes any relevant laws, you are not authorized to employ the Services. We bear no responsibility if your use of the Services violates the law.

 

4.2 You hold responsibility for all activities linked to your account. Therefore, it is imperative that you safeguard the security of your account and password and refrain from sharing them with any third party. Any unauthorized usage or security breaches of your account must be promptly reported to us.

 

4.3 The creation of multiple accounts is prohibited.

 

4.4 Any contests, competitions, lotteries, surveys, games, or similar activities (collectively referred to as "Promotions") offered through the Services may be subject to distinct regulations. In the event of any discrepancies between the rules of a Promotion and these Terms, the Promotion rules shall take precedence.

 

4.5 While using the Services, you hereby commit not to engage in any actions or submit any User Submissions through the Services that may:

(1) Infringe upon or violate the rights of another individual, including intellectual property rights;

(2) Contravene any aspect of these Terms, the Policies, or applicable laws and regulations;

(3) Involve in unlawful, detrimental, abusive, misleading, false, fraudulent, deceptive, threatening, harassing, defamatory, libelous, pornographic, obscene, profane, or otherwise objectionable or discriminatory conduct;

(4) Attempt to evade or circumvent any of these Terms, the Policies, or other regulations related to the Services, including the rules governing Promotions;

(5) Constitute unsanctioned or unsolicited advertising, or spamming through junk or bulk e-mail;

(6) Gather personal data from other users or employ any such information obtained from the Services;

(7) Engage in actions likely to result in a security breach of your account;

(8) Acquire another user's password, account, or other security information;

(9) Use the credentials of a third party, obscure your genuine IP address, or otherwise impersonate or misrepresent your identity or affiliation with any person or entity;

(10) Violate or disrupt the proper operation or security of any computer network;

(11) Execute any form of auto-responder or "spam" on the Services, any process running or activated while you are not logged into the Services, or any process that disrupts the normal functioning of the Services (including overloading the system).

(12) potentially damage the Services, including but not limited to, breaching any security features of the Services, utilizing manual or automated software or other methods to access, "crawl," "scrape," or "spider" any page, data, or portion related to the Services, or introducing viruses, worms, or similar malicious code into the Services;

(13) copy or store a significant portion of the content available on the Services without obtaining written consent from us;

(14) decompile, reverse engineer, or otherwise access the source code or fundamental concepts or information related to the Services;

(15) purchase any Products that you are not legally permitted to buy or use;

(16) exploit promotions, discounts, or other advantages offered by us or Sellers in an abusive manner, or manipulate the pricing of any listed Products or interfere with Seller listings; or

(17) attempt, encourage, facilitate, or allow any third party to engage in any activities prohibited in this list.

 

Furthermore, in addition to any other remedies at our disposal, a violation of any of the aforementioned rules may result in:

(1) the removal or refusal to post any User Submission for any reason, solely at our discretion;

(2) the cancellation of your purchases of Products from the Seller;

(3) the cancellation of Rewards or payments due from us; and/or

(4) the suspension or termination of your access or use of the Services.

 

Should we become aware of any potential violations of the Terms by you, we retain the right to investigate such violations. If, as a result of our investigation, we suspect criminal activity, we may refer the matter to, and cooperate with, relevant legal authorities. We are authorized, except where prohibited by applicable law, to disclose any information or materials within the Services, including User Submissions, in our possession in connection with your use of the Services, to (i) comply with applicable laws, legal processes, or government requests; (ii) enforce the Terms and Policies; (iii) respond to claims of third-party rights violations stemming from User Submissions; (iv) address your requests for customer support; or (v) protect our, our users', or the public's rights, property, or personal safety, and those of any law enforcement or other government officials, as we deem necessary or appropriate at our sole discretion.

 

5. Privacy

5.1 Our Privacy & Cookie Policy contains details about how we collect, utilize, and disclose your personal information when you access, visit, or use the Services. In connection with your utilization of the Services, you acknowledge and consent to our collection, access, usage, preservation, and disclosure of your personal information (including account and user information) as explained in our Privacy & Cookie Policy. The Privacy Policy is an integral part of these Terms, and by agreeing to these Terms, you also agree to be bound by the terms of the Privacy & Cookie Policy.

 

5.2 Your purchases are fulfilled by Sellers. In order to facilitate the fulfillment of your purchases, Sellers require certain information about you, such as your mailing address. You acknowledge and consent that when you make a purchase, you grant us authorization to share your information (including your name, street address, and phone number) with the Seller you are purchasing from to facilitate the fulfillment of your Order.

 

6. Communications

6.1 By entering into these Terms or using the Services, you consent to receiving communications from us, including via email, text messages, calls, and push notifications. You agree that we may communicate with you through email and text messages, using any email address or phone number provided by you, for various purposes, including: (i) notifying you about your account; (ii) troubleshooting account issues; (iii) resolving disputes; (iv) collecting debts; (v) conducting surveys or questionnaires to gather your opinions; (vi) notifying you about order, payment, and delivery updates; (vii) sending authentication texts; or (viii) as otherwise necessary to manage your Account or enforce these Terms, the Policies, applicable laws and regulations, or any other agreements we have with you. Standard text messaging rates imposed by your mobile carrier may apply to the text messages we send.

 

6.2 If you wish to receive our marketing materials via mobile texts and alerts, you may opt in to do so. By opting in, you consent to receive promotional messages or other mobile messages from us or on our behalf, which may include one-time passcodes, notifications about your orders, our promotional messages, and reminders for abandoned carts (facilitated by our collection of cookies as described in these Terms), at the mobile number you provide. Opting in for one program does not automatically opt you into another. Message frequency may vary, and your mobile carrier may not be responsible for any message delays or undelivered messages. Message and Data Rates may apply. You acknowledge that your consent to receive marketing texts is not a requirement for using the Services. If you wish to stop receiving text messages from us, you can reply STOP to the corresponding number from the mobile device receiving the messages. However, opting out of receiving texts may impact your use of the Services. To resume the subscription, reply UNSTOP to the corresponding number. We will not share records of your consent, opt-in, or opt-out with any third parties except for text messaging service providers and aggregators. You can also reply “HELP” for assistance. For further assistance, please contact us: 1) if you are using a Quickermark website, at the appropriate email address on the “Contact us” page linked in the website footer, and (2) if you are using a Quickermark application, through the “Customer support” section in the “

 

You” menu at the bottom of the home page.

 

6.3 If you wish to opt out of marketing emails, you can unsubscribe from our marketing email list by following the unsubscribe options provided in the marketing email itself.

 

6.4 Our communications with you may be conducted through a third-party service provider. You acknowledge and agree that, subject to our Privacy Policy, your communications with us, our agents, or Sellers may be recorded, monitored, and stored for quality control and training purposes, or to protect the interests of you, us, and/or Sellers.

 

7. User Submissions

7.1 The term “User Submission” encompasses anything you post, upload, share, submit, store, or otherwise provide through the Services, including suggestions, comments, reviews, ratings, photos, videos, or other feedback or materials. These User Submissions may be visible to Sellers and/or other users. It is essential to note that any User Submission you post in your Account must not contain nudity, violence, sexually explicit content, or offensive subject matter, as determined solely at our discretion.

 

7.2 With respect to all User Submissions, you grant us a fully-paid, royalty-free, perpetual, irrevocable, non-exclusive, transferable, sub licensable, worldwide right (including any moral rights) and license to use, license, store, display, reproduce, save, modify (e.g., to ensure that the User Submission is viewable on different systems and devices), create derivative works, publicly perform, publicly display, distribute, translate, or otherwise act with respect to such User Submissions as we see fit.

7.3 You acknowledge and agree that it is necessary to utilize, promote, and advertise the Services, including the presentation, display, or performance of User Submissions, in accordance with your preferences. You understand and agree that all User Submissions (including your username) are not confidential or proprietary. We have the freedom to openly showcase, disclose, modify, license, transfer, distribute, or otherwise utilize User Submissions without any restrictions or compensation to you.

 

7.4 You guarantee that you own or have control over all rights to the User Submissions and that our use of any User Submission will not infringe upon or violate the rights of any third party or breach any rules and restrictions outlined in these Terms (including those in Section 4).

 

7.5 We do not endorse User Submissions, and they do not reflect our opinions. We explicitly disclaim any liability for User Submissions or any damages arising from them. We expect users to maintain honesty and integrity when submitting User Submissions that others can view, particularly in the context of rating and reviewing Products. You commit to providing truthful, good-faith User Submissions based solely on your firsthand experiences. Additionally, you must clearly indicate if a User Submission was sponsored or paid for in any way. We acknowledge that we are not obligated to pre-screen User Submissions but reserve the right to pre-screen, refuse, exclude, or remove any User Submission at our discretion, without notice. By accepting these Terms, you provide irrevocable consent to such monitoring. You acknowledge that you have no expectation of privacy regarding the transmission of your User Submissions. If we pre-screen, refuse, exclude, or remove any User Submissions, we do so for our benefit, not yours. Furthermore, we have the right to remove any User Submissions that violate the Terms or are otherwise objectionable.

 

8. Ownership

8.1 You recognize and agree that all materials presented, displayed, or accessible through the Services, including text, graphics, data, articles, photos, images, illustrations, and User Submissions (collectively referred to as "Content"), are protected by copyright and other intellectual property laws worldwide. You commit to complying with all copyright notices, trademark regulations, information, and constraints within the Content. You may not copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or use any Content not owned by you for any purpose without the prior consent of the content owner.

 

8.2 We respect the intellectual property rights of others and reserve the right to remove or disable Content that allegedly infringes upon another person's intellectual property rights, as well as to terminate the accounts of alleged infringers. Refer to our Intellectual Property Policy for information on reporting potentially infringing content.

 

8.3 You acknowledge and agree that we either own or have licensed the Services. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services, except as expressly provided in this Section 8.

 

8.4 Subject to your compliance with these Terms and all applicable policies, rules, and guidelines, and your payment of any applicable fees, we or our content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for personal and non-commercial purposes solely for using the Quickermark platform. All rights not expressly granted in these Terms or any policies or guidelines are reserved by us or our licensors, suppliers, publishers, rightsholders, or other content providers. These licenses will terminate if you do not comply with these Terms or any applicable policies, rules, or guidelines.

 

8.5 You may not use any of the information provided on the Services for commercial purposes or use the Services to benefit another business without explicit permission from us in advance. You may not solicit, advertise to, or contact users for employment, contracting, or any purpose unrelated to the Services facilitated through the Quickermark platform. We reserve the right to refuse service, terminate accounts, and cancel purchase transactions (or require Sellers to cancel Orders) if you violate this provision at our discretion.

 

9. Responsibilities; Third-Party Risks

9.1 You recognize and agree that any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person who posted or transmitted it. You access and use Content, and interact with other users, at your own risk. We are not responsible for any errors, mistakes, omissions, or inaccuracies in the Content. We do not control the Content and have no obligation to take any action regarding how you interpret, use, or react to the Content. We do not review or monitor, approve, endorse, or make any representations or warranties about the Content. You also understand that we cannot guarantee the identities of the users with whom you interact on the Services and are not responsible for which users gain access to the Services.

 

9.2 You are responsible for all Content you contribute to the Services in any manner, and you represent and warrant that you have all the necessary rights to contribute such Content to the Services in that manner.

 

9.3 The Services may contain links or connections to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, accuracy, privacy policies, or practices, or opinions expressed on any third-party websites or services. Additionally, we do not monitor, verify, censor, or edit the content of any third-party website or service. You acknowledge and agree that we are not responsible for any risks resulting from your access or use of any third-party websites or services. We encourage you to be aware when leaving the Services and to read the terms of use and privacy policy of each third-party website or service you visit or use.

 

9.4 Your interactions with Sellers, other users, other entities, or individuals as a result of using the Services, including communications, payments, performances, and deliveries, are solely between you and those third parties. Quickermark reserves the right to intervene in such interactions but is not obligated to do so. Before engaging in any interaction with these third parties, you should conduct any necessary investigation and seek professional advice as you see fit. You acknowledge and agree that we are not responsible for any loss or damage incurred as a result of such interactions, and you release Quickermark from any liability arising from such interactions.

 

9.5 Arranging the sale of listed items from, or payment of fees to, Sellers outside the Quickermark platform to circumvent the obligation to pay fees for Products purchased through the Services constitutes a material breach of these Terms.

10. Release

10.1 We explicitly disclaim any liability that might arise among users of the Quickermark platform, including all participants in our marketplace app. In the event of a dispute between you and a Seller, another user, or any third party on our marketplace app, we are not obligated to intervene. Since we are not a party to the actual agreements between you and Sellers, to the maximum extent permitted by applicable law, you release us, along with our parent companies, subsidiaries, affiliates, directors, officers, employees, agents, and successors, from all claims, demands, and damages of any kind or nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or in any way connected to such disputes and/or the Services, including those related to the purchase or use of Products and the actions, performance, or behavior of Sellers.

 

By entering into this release, you expressly waive any protections (whether statutory or otherwise) that would limit the scope of this release to include only those claims that you may know or suspect to exist in your favor at the time you agree to this release.

 

11. Purchases; Pricing

11.1 Before making a purchase, it is your responsibility to thoroughly review the complete Product listing. By confirming your purchase, you agree to cover all applicable fees, taxes, shipping expenses, and any other associated costs. Additionally, where applicable, you acknowledge your duty to handle sales tax, VAT, and customs duties. You consent to act as the importer of the purchased products and hereby grant us the authority to designate a freight forwarding agent to act as your representative and pay any sales tax, VAT, and customs duties on your behalf, if necessary. Please be aware that sales tax, VAT, customs duties, and similar charges collected at the time of purchase are estimated values and may change based on applicable laws. You are responsible for any additional amounts assessed. We will not be held responsible if a Product experiences delays or is denied customs clearance due to your failure to pay these amounts. When a purchase is made under a shipping contract, the risk of loss and title for the Product transfer to you upon delivery to the carrier.

 

11.2 Payment for your purchases made through the Services may incur fees charged by third-party payment service providers ("Payment Processor"). You will be informed of these processing fees through our marketplace app. Your use of the Services and the payment processing offered by the Payment Processor are subject to your agreement with the Payment Processor, as may be modified over time. To use the payment services, you must provide accurate and complete information and authorize us to share this information with the Payment Processor.

 

11.3 To make purchases, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. You are obligated to promptly update your account with any changes related to your payment method. By providing payment method information, you authorize us, our agents, or payment service processors to charge the payment method for: (A) amounts owed for purchased Products; (B) all applicable customs, taxes, and shipping expenses; and (C) any other charges incurred in connection with your use of the Services. Your payments are generally non-refundable, except as explicitly provided in applicable policies.

 

11.4 You establish direct contracts with Sellers when purchasing Products, and we are not parties to these sales, though we facilitate them. Sellers set the listing prices (including any reference or strike-through prices) for the Products they offer on our marketplace app. Sellers also supply all other information in the Product listings. While we require Sellers to provide accurate information, we cannot guarantee the accuracy, completeness, or truthfulness of the information in Product listings. Consequently, we do not represent, warrant, or guarantee that Sellers genuinely offered or sold Products at strike-through prices. It is advisable not to rely solely on the strike-through price when making a purchase decision. If comparing prices is a crucial factor in your purchase decision, you should conduct your own comparison prior to making a purchase.

 

11.5 Pricing or availability errors may occasionally occur. We reserve the right to cancel (or require the Seller to cancel) any order with pricing or availability errors, without further obligations to you, even after you have received an order confirmation or shipping notice.

 

12. Refunds, Exchanges, and Related

12.1 Our aim is for you to be satisfied with your purchases through the Services. You have the right to request a refund and may return purchased products in accordance with our Return and Refund Policy. If you wish to request a refund, please follow the instructions outlined in the policy. It is important to acknowledge and agree that: (i) We, acting as payment collection agents for Sellers, may issue refunds on behalf of the relevant Seller following the Return and Refund Policy; and (ii) if you seek any other remedy, you must directly pursue that remedy from the Seller.

 

Unless otherwise stated in the Return and Refund Policy, the refund will not cover customs, taxes, or any return shipping costs you may incur during the refund process.

 

13. Rewards

13.1 Through the use of the Services, you may receive credits, coupons, cash, gifts, or other forms of reward, collectively referred to as "Rewards." Some Rewards may only be used for discounts on eligible purchases made on or through the Services (please note that not all Products may be eligible), and they cannot be exchanged for cash, unless required by law in certain jurisdictions. It is advisable to carefully review the information and applicable rules regarding various types of Rewards.

 

14. Ending Our Relationship

14.1 You have the freedom to discontinue using the Services at any time. Likewise, we retain the right to terminate or suspend your use of the Services or your account, at our discretion and for any reason, including if you violate these Terms. You acknowledge and agree that we have sole discretion in determining whether you have breached any of the restrictions outlined in these Terms. Even after the termination or suspension of your use of the Services, these Terms will remain binding on you, and any outstanding amounts you owe to us or Sellers will remain payable.

 

14.2 In the event of your account's termination for any reason, all Content and Rewards associated with your account will be deleted and invalidated. It is recommended to use any remaining Rewards prior to the effective date of termination.

 

14.3 All provisions of these Terms that, by their nature, should survive, will continue to be in effect after the termination of these Terms, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

15. WARRANTY DISCLAIMER.

 

15.1 We want to make it clear that to the maximum extent allowed by applicable law, we do not provide any guarantees or assurances, whether explicit or implicit, concerning the Services, the Content, or any products you may buy through the Services. This includes, but is not limited to, warranties related to the condition, quality, durability, performance, accuracy, reliability, merchantability, fitness for a particular purpose, or non-infringement of products. Moreover, we do not guarantee the accuracy, correctness, completeness, or legality of the Content. Any such warranties, representations, conditions, or undertakings are explicitly disclaimed. No communication or information, whether oral or written, obtained from or through the Services, can establish any warranty beyond what is expressly stated in this agreement. Additionally, we do not make any warranties or representations concerning the suitability or recommendations for products offered or bought through the Services. Please note that this section 15 does not impact our return and refund policy for products purchased via the Services.

 

15.2 When using the Services and purchasing any products through them, you do so at your own risk. To the fullest extent allowed by applicable law, unless explicitly specified otherwise, the Services, products available through the Services, and the Content are provided to you on an "as-is" and "as-available" basis, with all faults, and without any warranties.

 

15.3 You acknowledge and agree that the Quickermark Parties (as defined in Section 17.1) are not responsible, and you agree not to hold them liable, for the actions of third parties, including external site operators. The risk of harm from such third parties lies solely with you. We do not make any commitments regarding third-party products, services, information, programming, or anything else accessible to you through the Services, nor do we assume any liability for the quality or conduct of any third party you may encounter while using the Services.

 

15.4 You acknowledge and agree that, to the fullest extent permitted by applicable law, you are entirely responsible for your use of the Services, including your interactions with other users, and that any information you transmit or receive during your use of the Services may not be secure and could be accessed or intercepted by unauthorized individuals. You further agree that, to the fullest extent allowed by applicable law, we are not responsible for any loss or damage to your property or data resulting from any materials you access or download from the Services.

 

15.5 If you rely on any data or information obtained through the Services, you do so at your own risk. You are solely responsible for any damage or loss that may result from your use of such data or information.

 

16. LIMITATION OF LIABILITY

 

16.1 Even though we act as a payment collection agent for the seller solely for the purpose of accepting funds from you, to the maximum extent permitted by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall the Quickermark Parties be liable to you or any other person for (A) any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including damages for loss of data, profits, revenue, goodwill, reputational harm, business interruption, accuracy of results, or computer failure or malfunction arising from or in connection with the Services or (B) your use of the Services, including any inability to access or use the Services or the purchase and use of products offered through the Services, even if we or any other person has foreseen or been advised of the possibility of such damages. This limitation of liability does not apply to the Quickermark Parties' liability for (I) death or personal injury caused by our gross negligence or (II) any injury caused by our fraud or fraudulent misrepresentation.

 

16.2 This disclaimer applies, without limitation, to the maximum extent allowed by law, to any damages or personal injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, theft, destruction, unauthorized access to, alteration of, loss, or use of any record or data, and any other tangible or intangible loss.

 

16.3 You explicitly acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct by any seller or user of the Services.

 

16.4 To the fullest extent permitted by applicable law, under no circumstances will the total aggregate amount for which the Quickermark Parties are liable to you exceed the greater of: (A) the total amount paid to us by you during the one-month period before the act, omission, or occurrence giving rise to such liability; (B) $100.00; or (C) the remedy or penalty imposed by the statute under which such claim arises. This limitation on liability does not apply to the liability of a Quickermark Party for (I) death or personal injury caused by our gross negligence or (II) any injury caused by our fraud or fraudulent misrepresentation. This provision does not preclude your obligation to prove actual damages.

 

16.5 Certain jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights.

 

16.6 The limitations of damages set forth above are crucial to the agreement between you and us.

 

17. Indemnity

Rephrased:

 

**17.1** To the maximum extent allowed by applicable law, you agree to indemnify and protect us, our parent companies, subsidiaries, affiliates, directors, officers, agents, employees, suppliers, licensors, and partners (referred to individually as a "Quickermark Party" and collectively as the "Quickermark Parties") from any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from or related to any third-party claims connected to: (a) your use of the Services, including User Submissions or any actions taken by a third party using your account; (b) your violation of these Terms; (c) your infringement of any rights of another party, including copyrights, property rights, or privacy rights, or any third-party agreements; or (d) your violation of any applicable laws, rules, or regulations. In case of such a claim, lawsuit, or action ("Claim"), we will make an effort to notify you through the contact information we have for your account (note that failure to deliver such notice does not exempt or reduce your indemnification responsibilities under these Terms).

 

**17.2** We retain the right, at our own expense, to assume exclusive defense and control over any matter subject to indemnification by you. In such cases, you must cooperate fully with us in asserting any available defenses.

 

**17.3** You agree that the provisions in this section will remain in effect even after the termination of your Account, the Terms, or your access to the Services.

 

**18. App Stores**

**18.1 Application License:** Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use one copy of the Quickermark mobile application ("Application") on a single mobile device or computer that you own or control, solely for your personal or internal business use. Furthermore, when using an Application obtained from the Apple App Store ("App Store Sourced Application"), you agree to use it only on an Apple-branded product running the iOS operating system, following the "Usage Rules" in the Apple App Store Terms of Service. However, in the case of an Application obtained from the Google Play store ("Google Play Sourced Application"), you may have additional licensing rights to share the Application within your designated family group.

 

**18.2 App Stores:** You acknowledge and agree that the availability of the Application and Services depends on the third party from whom you received the Application license, such as the Apple App Store or Google Play (each referred to as an "App Store"). You also acknowledge that the Terms are an agreement between you and Quickermark, not with the App Store. Quickermark is solely responsible for the Services, including the Application, its content, maintenance, support services, and warranty, as well as addressing any claims related to it (e.g., product liability, legal compliance, or intellectual property infringement). You are responsible for paying all fees associated with wireless network access and any fees charged by the App Store for the Services, including the Application. You must comply with all terms imposed by the applicable App Store when using any Service, including the Application, and you recognize that the App Store and its subsidiaries are third-party beneficiaries of the Terms with the right to enforce them.

 

**18.3 Accessing and Downloading the Application from iTunes:** The following applies when dealing with an App Store Sourced Application obtained from the Apple App Store:

 

**18.3.1** You acknowledge that the Terms are an agreement between you and Quickermark, not with Apple. Quickermark is solely responsible for the App Store Sourced Application and its content. Your use of the App Store Sourced Application must comply with the App Store's Terms of Service.

 

**18.3.2** Apple has no obligation to provide maintenance and support services for the App Store Sourced Application.

 

**18.3.3** If the App Store Sourced Application does not meet its applicable warranty, you can notify Apple, and Apple will refund the purchase price to you, with no further warranty obligations from Apple. Any other claims related to warranty are Quickermark's sole responsibility.

 

**18.3.4** In the event of any third-party claims related to the App Store Sourced Application or your use of it, including product liability, legal or regulatory compliance, or consumer protection claims, Quickermark, not Apple, is responsible for investigation, defense, settlement, and resolution.

 

**18.3.5** Apple and its subsidiaries are considered third-party beneficiaries of the Terms concerning your license of the App Store Sourced Application, granting Apple the right to enforce the Terms against you as a third-party beneficiary.

 

**18.3.6** Alongside other Terms, you must adhere to all applicable third-party terms when using the App Store Sourced Application.

 

**19. General**

**19.1 Electronic Communications:** Communications between you and Quickermark may occur electronically, whether through visiting the Services, sending Quickermark emails, receiving notices on the Services, or through email communication. You consent to receiving electronic communications from us, such as emails, texts, mobile push notifications, and messages on or through the Services. You acknowledge that all electronically provided terms, conditions, agreements, notices, disclosures, and other communications have the same legal effect as written documents. This does not affect your statutory rights, including those under the Electronic Signatures in Global and National Commerce Act.

19.2. Assignment. You are prohibited from transferring, delegating, or conveying these Terms, along with your associated rights and responsibilities, to any other individual in any manner (whether by legal operation or otherwise) without obtaining our prior written consent. Any attempt to assign, subcontract, delegate, or transfer in violation of this restriction will be deemed null and void. We reserve the right to transfer, assign, or delegate these Terms and their associated rights and obligations to another party without requiring your consent.

 

19.3. Unforeseen Events. We shall not be held liable for any delay or failure to perform resulting from circumstances beyond our reasonable control. Such circumstances may include, but are not limited to, acts of God, war, terrorism, riots, embargos, actions by civil or military authorities, fires, floods, accidents, pandemics, labor strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

 

19.4. Choice of Law. These Terms, as well as any disputes that may arise between you and us, will be governed by the laws of United Kingdom. This is in accordance with the United Kingdom Arbitration Act, and it disregards any conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. If you reside outside of the United Kingdom, you may be entitled to the protections offered by your local consumer protection laws.

 

19.5. Exclusive Venue. Any dispute arising from or related to the Services that is not subject to arbitration or eligible for small claims action shall be exclusively decided by the following courts: (a) if you entered into these Terms with Pharmatronic LTD, a competent court located in United Kingdom. By accepting these Terms, you consent to the jurisdiction and venue of these courts, waiving any objections based on personal jurisdiction and forum non conveniens.

 

19.6. Statute of Limitations. Both you and Quickermark agree that any claim arising from or related to the Services must be initiated within one (1) year after the cause of action accrues, regardless of any contrary statute or law. Failure to do so will result in the permanent bar of such claims.

 

19.7. Notice. You acknowledge that we may provide notices to you via email using the most recent email address you have provided to us. Such notices will be considered effective upon receipt. It is your responsibility to keep your email address information up to date. You can provide notices to us at the following addresses:

If contacting Pharmatronic LTD:

Pharmatronic LTD

33 Potter Close Mitcham.

Cr4 1BX

UK

Notices to us are deemed delivered when received at the above address, either through a nationally recognized overnight delivery service or prepaid first-class mail.

 

19.8. Export Control. You commit to using the Services and Products obtained through the Services in compliance with all relevant United Kingdom. and other export and re-export restrictions. Specifically, you acknowledge and agree that the Services and any products purchased through them may not be exported or re-exported (a) to any United Kingdom embargoed countries. You confirm that (i) you are not located in a country subject to a United Kingdom. Government embargo or designated as a "terrorist supporting" country, and (ii) you are not included in any United Kingdom. Government list of prohibited or restricted parties. You also agree not to use the Services or Products for any purpose prohibited by applicable law.

 

19.9. Waiver. Our failure to respond to a breach by you or others does not waive our right to take action in response to subsequent or similar breaches.

 

19.10. Severability. If any provision of these Terms is determined to be unenforceable or invalid, that provision will be limited or eliminated to the extent necessary to allow these Terms to remain in full force and effect and enforceable.

 

19.11. Third-Party Beneficiaries. These Terms do not confer any intended benefits on third parties.

 

19.12. Entire Agreement. These Terms constitute the final, comprehensive, and exclusive agreement between the parties regarding the subject matter herein, superseding all prior discussions.

 

19.13. Translation. Translations of these Terms of Use, Privacy & Cookie Policy, Intellectual Property Policy, or any other terms or policies are provided for reference purposes only. In the event of discrepancies between the English version and versions in other languages, the English version prevails.

 

20. ARBITRATION AGREEMENT

PLEASE REVIEW THIS SECTION 20 ("ARBITRATION AGREEMENT") CAREFULLY. IT CONTAINS PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN YOU AND QUICKERMARK. THIS SECTION 20 INCLUDES AN AGREEMENT TO RESOLVE ALL DISPUTES BETWEEN YOU AND QUICKERMARK THROUGH BINDING AND FINAL ARBITRATION, EXCEPT UNDER LIMITED EXCEPTIONS. ADDITIONALLY, THIS SECTION 20 INCLUDES A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS. PLEASE NOTE THAT IN CERTAIN COUNTRIES, YOU MAY HAVE ADDITIONAL RIGHTS, AND CERTAIN ELEMENTS OF THIS ARBITRATION AGREEMENT MAY NOT APPLY TO YOU AS REQUIRED BY LAW.

 

20.1. Applicability of Arbitration Agreement. Subject to the conditions outlined in this Arbitration Agreement, both you and Quickermark agree that any disputes, claims, or disagreements arising from or related to your use of the Services, any communications you receive, any products sold or distributed through the Services, or the Terms themselves (each referred to as a "Dispute") will be resolved through binding arbitration in the English language, rather than through litigation in court. However, there are two exceptions: (1) claims or relief may be sought in small claims court if they meet the criteria for such court; and (2) you or Quickermark may pursue equitable relief in court for cases involving infringement or other misuse of intellectual property rights.

Revised: "Intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights, and patents, are encompassed within the scope of this Arbitration Agreement. For the purposes of this agreement, the term 'Dispute' will also encompass conflicts that originated or involve events occurring before the existence of this agreement or any prior versions of the Terms, as well as claims that may arise after the termination of the Terms.

 

20.2. Resolution of Informal Disputes. There may be situations where a Dispute arises between you and Quickermark. In such instances, Quickermark is dedicated to collaborating with you to achieve a fair resolution. Both you and Quickermark acknowledge that sincere, informal attempts to resolve Disputes in good faith can lead to a swift, cost-effective, and mutually advantageous resolution. Therefore, prior to either party commencing arbitration against the other (or pursuing legal action in a small claims court, if either party chooses to do so), we agree to personally engage in a telephonic or videoconference meeting, in a good faith effort to informally resolve any Dispute covered by this Arbitration Agreement ('Informal Dispute Resolution Conference'). If you are represented by legal counsel, your attorney may participate in the conference, but you also commit to participating. The party initiating a Dispute must provide written notice to the other party of its intent to initiate an Informal Dispute Resolution Conference ('Notice'). This conference shall take place within forty-five (45) days after the other party receives the Notice, unless both parties mutually agree to an extension in writing. To notify Quickermark of your intention to initiate an Informal Dispute Resolution Conference, please send an email to support@Quickermark.com. The Notice should include: (1) your name, telephone number, mailing address, and the email address associated with your account (if applicable); (2) the name, telephone number, mailing address, and email address of your legal counsel, if any; and (3) a description of your Dispute.

 

The Informal Dispute Resolution Conference must be individualized, requiring a separate conference each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties consent to a joint conference. Multiple individuals initiating Disputes cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. During the period between the Notice being received and the Informal Dispute Resolution Conference taking place, this Arbitration Agreement does not prohibit the parties from engaging in informal communications to resolve the initiating party's Dispute. Participation in the Informal Dispute Resolution Conference is a prerequisite and mandatory step before initiating arbitration. The statute of limitations and any filing fee deadlines will be paused while the parties engage in the Informal Dispute Resolution Conference process outlined in this section.

 

20.3. Waiver of Jury Trial. YOU AND QUICKERMARK HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Quickermark are instead choosing to resolve all Disputes through arbitration under this Arbitration Agreement, except as stated in Section 20.1 above. Arbitration does not involve a judge or jury, and court review of an arbitration award is subject to very limited scrutiny.

 

20.4. Waiver of Class and Other Non-Individualized Relief. YOU AND QUICKERMARK AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 20.9, EACH OF US MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. THE PARTIES HEREBY RENOUNCE ANY RIGHT TO HAVE ANY DISPUTE HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS PERMISSIBLE, AND DISPUTES INVOLVING MORE THAN ONE CUSTOMER OR USER CANNOT BE SUBJECT TO ARBITRATION OR CONSOLIDATION WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to the provisions of this Arbitration Agreement, the arbitrator may only grant declaratory or injunctive relief to the individual party seeking relief, to the extent necessary to address the party's individual claim. This paragraph does not impact the terms and conditions of Section 20.9. Notwithstanding any contrary provisions in this Arbitration Agreement, if a court, by means of a final decision that is not subject to further appeal or recourse, determines that the limitations specified in this Section are invalid or unenforceable with regard to a particular claim or request for relief (such as a request for public injunctive relief), both you and Quickermark agree that only that specific claim or request for relief (and no other) will be separated from arbitration and may be litigated in the courts outlined in Section 19.5. All other Disputes will be subject to arbitration or small claims court litigation. This subsection does not prevent you or Quickermark from participating in a class-wide settlement of claims.

 

20.5. Rules and Jurisdiction. The Terms represent a transaction involving interstate commerce, and regardless of any other provisions herein regarding the applicable substantive law, United Kingdom Arbitration Act will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not lead to a satisfactory resolution within sixty (60) days after the receipt of the Notice, both you and Quickermark agree that either party has the right to conclusively resolve the Dispute through binding arbitration.

A party wishing to initiate arbitration must furnish the other party with a request for arbitration ('Request'). The Request must include: (1) the name, telephone number, mailing address, and email address of the party seeking arbitration, along with the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement outlining the legal claims being asserted and the factual foundations for those claims; (3) a description of the remedy sought and an accurate, bona fide estimate of the amount in dispute in British Pound; (4) a statement confirming completion of the Informal Dispute Resolution process as described earlier; and (

 

5) Proof that the initiating party has paid any required filing fees related to the arbitration. If the party requesting arbitration is represented by legal counsel, the Request should also include counsel's name, telephone number, mailing address, and email address. Legal counsel must sign the Request. By signing the Request, counsel certifies to the best of their knowledge, information, and belief, after conducting a reasonable inquiry under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as harassment, unwarranted delay, or unjustifiably increasing the cost of dispute resolution; (2) the claims, defenses, and other legal contentions are supported by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

20.6. Arbitrator Selection: You and Quickermark both acknowledge the need for an efficient exchange of information during arbitration, given its expedited nature. As part of this understanding, you and Quickermark agree that all materials and documents shared during the arbitration proceedings will remain confidential. These materials will only be shared with the parties' legal representatives, accountants, or business advisors, subject to the condition that these individuals also commit to maintaining the confidentiality of the exchanged materials.

 

20.7. Arbitrator's Authority: The arbitrator chosen for the arbitration proceedings will be either a retired judge or an attorney licensed to practice law in the United Kingdom. The arbitrator will be selected by mutual agreement. In the event that the parties fail to reach an agreement on the arbitrator within thirty-five (35) days of receiving the arbitration request, the United Kingdom Arbitration Institutions will appoint the arbitrator following the applicable the United Kingdom Arbitration rules. However, in cases where the Batch Arbitration process under Section 20.9 is triggered, the United Kingdom Arbitration Act will appoint the arbitrator for each batch.

 

The arbitrator will possess exclusive authority to resolve any Dispute, including disputes related to the interpretation or application of the Arbitration Agreement. This includes matters such as enforceability, revocability, scope, or validity of the Arbitration Agreement or any of its portions, except for the following exceptions:

 

1. Disputes arising from Section 20.4, including claims regarding its enforceability, legality, voidness, or breach, will be decided by a court of competent jurisdiction and not by an arbitrator.

2. Matters concerning the payment of arbitration fees, unless expressly contemplated in Section 20.9, will be determined solely by a court of competent jurisdiction and not by an arbitrator.

3. Disputes about whether any party has met conditions precedent to arbitration will be resolved exclusively by a court of competent jurisdiction.

4. Issues concerning the applicability of a specific version of the Arbitration Agreement will be settled solely by a court of competent jurisdiction.

 

The arbitration process will not be consolidated with other cases or parties, except as outlined in Section 20.9. The arbitrator has the authority to grant motions that dispose of all or part of a Dispute. Following the arbitration, the arbitrator will issue a written award and statement of decision, detailing the essential findings and conclusions forming the basis of the award, including any awarded damages. The arbitrator's award is final and binding on both parties, and it can be entered as a judgment in a court with jurisdiction.

 

20.8. Attorneys' Fees and Costs: Unless the arbitrator deems that the substance of the Dispute or the relief sought in the Request is frivolous or brought for an improper purpose, each party will bear their own attorneys' fees and costs in arbitration. If one party needs to resort to a court of competent jurisdiction to compel arbitration, the prevailing party in that action has the right to collect reasonable costs, necessary disbursements, and reasonable attorneys' fees from the other party.

 

The prevailing party in a court action related to whether either party has met conditions precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.

 

20.9. Batch Arbitration: To enhance the efficiency of arbitration administration and resolution, you and Quickermark agree that when one hundred (100) or more individual Requests of substantially similar nature are filed against Quickermark within a thirty (30) day period, United Kingdom Arbitration Act will:

 

1. Administer the arbitration demands in batches of 100 Requests per batch (plus any remaining Requests in a final batch).

2. Appoint one arbitrator for each batch.

3. Provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees per side per batch, one procedural calendar, one hearing (if necessary), and one final award (referred to as "Batch Arbitration").

 

Both parties concur that Requests are considered of a "substantially similar nature" if they stem from the same event or factual scenario, involve similar legal issues, and seek comparable relief. In case of disagreement regarding the application of the Batch Arbitration process, the disagreeing party shall notify United Kingdom Arbitration Act, which will then appoint a sole standing arbitrator to decide the applicability of the Batch Arbitration process (referred to as the "Administrative Arbitrator"). The parties agree to expedite the resolution of such disputes, and the Administrative Arbitrator may establish necessary procedures for prompt resolution. The fees of the Administrative Arbitrator shall be borne by Quickermark.

 

You and Quickermark commit to cooperating in good faith with United Kingdom Arbitration Act to implement the Batch Arbitration process, which includes the payment of single filing and administrative fees for Request batches. Additional steps to minimize arbitration time and costs may include:

 

1. Appointing a discovery special master to assist the arbitrator in resolving discovery disputes.

2. Adopting an expedited calendar for the arbitration proceedings.

 

This Batch Arbitration provision is not intended to authorize class, collective, or mass arbitration or any arbitration involving joint or consolidated claims, except as explicitly specified in this provision.

 

 

20.11. Invalidity and Expiration: Except as provided in Section 20.9, if any part or parts of this Arbitration Agreement are determined to be invalid or unenforceable under the law, those specific portions will be deemed null and void. The remainder of the Arbitration Agreement will continue to be in full force and effect. You also agree that any Dispute subject to this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitations, or it will be time-barred. All applicable statutes of limitation will apply to arbitration in the same way as they would in a court of competent jurisdiction.

 

20.12. Modification: Despite any provisions in the Terms to the contrary, Quickermark agrees that if it makes any substantial changes to this Arbitration Agreement in the future, it will notify you. Unless you reject the changes within thirty (30) days after they become effective by notifying Quickermark at the address specified in Section 19.7, your continued use of the Services, including accepting products and services offered through the Services, will be considered as your acceptance of those changes. Rejection of any change or update to this Arbitration Agreement, if you were previously bound by an existing agreement to arbitrate Disputes related to your use of the Services, will result in the provisions of this Arbitration Agreement, as of the date you first accepted the Terms (or any subsequent changes to the Terms), remaining in full force and effect. Quickermark will continue to honor any valid opt-outs of the Arbitration Agreement made under prior versions of the Terms.