Terms of Service
Welcome to Elikia. Before using our platform, it is important to understand our rules.
Accepting these Terms
This document, our rules, policies and the other documents referenced make up our Terms of Service (“Terms”). The Terms are a legally binding contract between you and Elikia Advertising (“Elikia”). This contract sets out your rights and responsibilities when you use Elikia and our Service (the “Service” includes the “Website” and the application for your mobile device (the “App”), as well as all related websites, networks, downloadable software, and other services provided by us and on which a link to the Terms or Help Center are displayed) provided by Elikia. Please read them carefully.
BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.
The Help Center is used to host policies in the “Rules and Manners” sections such as the Vendors’s List of Prohibited Conduct and Prohibited Items and provides clarifications to frequently asked questions (“FAQs”). The Help Center can be accessed from the side menu of the App. We expect you to read our policies carefully!
We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.
Some important introductions for you.
1. Description of the Service
- The Service is an online business-to-consumer marketplace. Elikia does not own any of the products or services, it acts as intermediate, receiving commissions in every sale. Elikia also does not sell or purchase any goods itself, take possession of the goods, either for itself or on behalf of users or others. While Elikia may help facilitate transactions between businesses that list and sell items through the Service (“Vendors”) and users that purchase items through the Service (“Buyers”). Vendors are entirely responsible for the sale of goods (referred to herein as “goods”, “products” or “items”) transactions between them, including without limitation the listing of goods and any applicable product warranties. Vendors and Buyers are collectively referred to herein as “Users” of the Service. We do not offer Byers accounts
- Elikia provides payment processing services through third-party service providers for items listed on its marketplace. Users can pay with and accept payment by credit card, debit card, PayPal, Apple Pay and Android Pay. Vendors may have funds from sales deposited into their designated bank account. Please remember, payment instruments and bank accounts can only be registered on one Elikia account at a time.
- Elikia is responsible for processing refunds, chargebacks or payment reversals and providing customer service in relation to questions related to the App or the Website, but is not and shall not be involved in disputes between Users.
2. Other Terms and Policies Which Apply
For Vendors to have a Elikia account your business must be locate in the United States and the Vendors have to be at least 18 years old, or the age of majority in your state of residence.
By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time-to-time apply to you (“Policies”). These Terms apply to all Users:
- Prohibited Conduct
- Prohibited Items
- Electronic Communications Delivery Policy (E-sign Disclosure and Consent)
- DMCA Policy
- Safety Policy
- Law Enforcement Information
Elikia helps Businesses in the U.S. sell, list and transact online to sell and buy goods. The following Terms may apply, depending on how you use our Service.
Seller Rules – If you list any items for sale, these additional Policies apply to you.
Buyer Rules – If you use our Service to browse or purchase, these additional Policies apply to you.
Intellectual Property Owners – If you are the owner or authorized agent of the owner of copyrighted or other protected intellectual property, the DMCA Policy describes your rights and obligations to have your content removed from the App.
Law Enforcement and Information Requests – If you are contacting us to request information about a User or Transaction from an authorized law enforcement agency this process applies to you.
3. Your Account with Elikia
You’ll need to create an Account with Elikia to use some features of our Service. If Elikia determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, Elikia may, at its sole discretion, take action, up to and including termination of your account. Additional information can be found in the Seller Policy, Prohibited Conduct and Prohibited Items Policies. If you have previously violated our Terms using another account, refuse to provide information, or if we are unable to verify the information you provided, you may be ineligible for an Account.
Here are a few rules about Accounts with Elikia:
- A User shall not use an Account for money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms. As a condition for using the Service, we hold all buyers or Vendors accountable for violations of law, violations of these Terms and all applicable policies.
- You must be 18 years of age or older to have an account
- You may only register for and maintain one Account. Payment instruments and bank accounts can only be registered on one Elikia account at a time; they cannot be shared on multiple accounts.
- You may be required to provide us with current and accurate information about yourself (such as your name, address, date of birth, Social Security number, and/or a copy of your driver’s license or other government-issued identification) (“User Information”). We may verify your User Information with a third-party vendor. We also may request you to send us additional documents or information to help us verify your identity. It is prohibited to use false information or impersonate another person through your Account.
- If you make purchases, you will be asked to provide information about your Payment Instrument(s), which may include a credit card, debit card, Account or Balance resulting from earnings from prior sales or another payment method permitted by us. Payment Instruments may be stored with us for future use. We may validate that your Payment Instrument is in good standing with the Payment Instrument issuer. You agree that the User Information and Payment Instrument information you provide to us is accurate and that you will keep it updated.
- If you complete a sale, you may withdraw your Account Balance to your bank account using Direct Deposit or Instant Pay. It is your responsibility to ensure that your bank account information is entered correctly. We may be unable to recover money sent to an inaccurate bank account number using Direct Deposit or Instant Pay.
- If you utilize our shipping options it is your responsibility to select the correct weight class for the labels and to provide valid tracking. You are responsible for any additional fees from the carrier(s).
- You are solely responsible for any activity and listings on your Account. You also are responsible for ensuring your Account accurately reflects your current User Information.
- You are responsible for all fees, chargebacks, payment reversals or refunds received by Elikia, even after you close your Account. Amounts owed may be removed from your Balance.
- You are responsible for keeping your Account password secure. See Our Safety Guidelines for tips on keeping your Account secure. If you believe your account has been compromised please contact us firstname.lastname@example.org
Please visit our Help Center for questions about setting up an account with Elikia
4. Termination by You
You may terminate your Account with Elikia at any time from your Account Settings in the App. You can find more information in the Help Center. Terminating your Account will not affect the availability of some of your listing content that you posted through the Service prior to your termination and completed transaction information. You are still responsible for all fees, shipping overages, chargebacks/payment reversals or refunds received by Elikia, even after you close your Account. You remain obligated to resolve any disputes with other Users that are the result of purchases or sales of goods occurring prior to termination. Mercari-issued Credits are invalid and expire upon termination of your account.
5. Scope of License
The App and Website are licensed, not sold, to you for use only under our Terms. Elikia reserves all rights not expressly granted to you. Elikia hereby grants you a personal, limited, revocable, non-transferable license to use the App and Website on a single compatible device that you own or control, solely for your own personal use.
You may not modify, alter, reproduce, distribute or make the App or Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App or Website.
You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation or third-party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the App or Website or any content available through the App or Website.
The Service may include open source software or third-party software. Any such software is made available to Users under the terms of the applicable licenses. Please refer to the Help Center Section for the applicable notices and license terms.
6. third-party Services and Linked Websites
7. Your Content
Content that you post using our Service must be content you own or have the right to use (so let’s refer to it as “Your Content”). That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
- Responsibility for Your Content. You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third-party’s rights by posting it.
- Permission to Use Your Content. By posting Your Content through our Service, you grant Elikia a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Elikia function and grow. That way, we won’t infringe any rights you have to Your Content and we can help promote your listings and/or Account.
- By posting Your Content, you grant Elikia a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Service and to promote Elikia, or the Service in general, in any formats and through any channels, including across any Elikia Service or third-party website or advertising medium.
- Reporting Unauthorized Content. Elikia has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Service. If content that you own or have rights to has been posted to the Service without your permission and you want it removed, please follow the steps listed in our DMCA Notification in the Help Center. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We will notify you if that happens.
- Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Elikia’s Service (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy, Prohibited Conduct Policy or any part of our Terms. You also agree not to post any content that is false, misleading or uses the Service in a manner that is fraudulent or deceptive.
8. Your Use of Our Service
License to Use Our Service. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service—subject to these Terms and the following restrictions:
- Don’t Use Our Service to Break the Law. You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal and international laws that may apply to you. It’s your responsibility to obtain any permits or licenses and have proof of ownership or receipts if required; You may not use Elikia to list or sell items that violate any laws. You may not use Elikiai Service to commit fraud, theft or any other crimes against Elikia, another Elikia user or a third-party. Please review our Prohibited Items Policy and Prohibited Conduct Policy for more details.
- Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- Agreement to Receive Electronic Communications. By using our Service, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
- Items You Purchase. Elikiai does not manufacture, store or inspect any of the items sold through our Service. We provide the venue; but the items in our marketplaces are produced, listed and sold directly by independent Vendors, so Elikia cannot and does not make any warranties about items’ quality, safety or legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release Elikia from any claims related to items sold through our Service, including for defective items, misrepresentations by Vendors or items that caused physical injury (like product liability claims).
- Content You Access. You may come across materials that you find offensive or inappropriate while using our Service. Elikia is not responsible for the decency, accuracy, copyright compliance, or legality of content posted by Users that you accessed through the Service. You release us from all liability relating to that content.
- People You Interact With. You can use the Service to interact with other individuals. However, you understand that we do not screen Users of our Services, and you release us from all liability relating to your interactions with other Users. Please report Users who engage in Prohibited Conduct in the Help Center so we may review their account. Please also follow our Safety Guidelines.
- Other Disclaimers/Warranties.
- Elikia is dedicated to making our Service the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
- We do not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. We will take every reasonable effort to ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.
9. Suspension or Termination by Mercari Elikia
Elikia reserves the right to change, suspend or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).
We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law). For example, Elikiawill promptly terminate without notice the Accounts of Users who are determined by Elikia to be “repeat offenders.” A repeat offender is a User who has been notified of a violation of our Terms, engages in infringing activity, or has had content removed from the Service at least twice.
If we terminate or suspend your Account or access to our Service:
- You don’t have a contractual or legal right to continue to use our Service, for example, to sell or buy on our Websites or Apps. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.
- You remain responsible for fees, shipping fees, chargebacks/funds reversals, returns or refunds requested and remain obligated to resolve any disputes with other Users that are a result of purchases or sales of goods occurring prior to termination/suspension.
- Funds may be held initially for 30 or 90 days based on risk. You may be required to provide additional information regarding your account, your identity, your listings or your transactions to release the holds on these funds. However, additional infractions may extend the holding period up to 180 days to cover our risk. Funds for illegal activity or items will not be released.
- We may obtain reimbursement of any amounts owed by a Seller to Elikia by deducting from future payments owed to the Seller, reducing any credits from the seller’s Elikia Account Balance, charging any of the Seller’s Payment Instrument(s) on file, or seeking reimbursement from the Seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of these methods to seek reimbursement.
- Elikia will make refunds or other payments owed to you, as required by applicable law or regulation.
10. Buying and Selling Generally
Prohibited Transactions. When buying a product using the Service, in addition to the limitations in our Prohibited Items and Prohibited Conduct Policies, Buyers also must not place orders without the intent to purchase, purchase goods for a commercial purpose (e.g., resale), or place any order that is determined by Elikia to be fraudulent or illegal. You agree that the Service may only be used for bona fide purchases of goods, and may not be used to transfer money between a Buyer and Seller that is unrelated to a purchase of goods.
A Seller shall not purchase a product Seller themselves has listed. A Seller who wishes to withdraw a listing must do so per the procedures specified by Elikia in the Help Center Section.
Sales Contract. A sales contract for a product will be formed with the Seller when the Buyer completes the steps for purchasing a product as prompted on the Service, but before payment is made by the Buyer. The Seller and the Buyer shall not assign to a third-party, provide as security, or otherwise dispose of their rights and obligations arising under such sales contract.
Elikia’s Role. Seller agrees that Elikia and its designated payment processor act as agents for the Seller in processing payments for purchases. A Buyer’s obligation to a Seller for the purchase price shall be deemed extinguished upon receipt by Elikia of the purchase price (except for Buyer’s obligations in the event of a chargeback or other payment reversal).
Ratings. Once a product has been received by a Buyer, the Buyer shall promptly rate the Seller. Once the Buyer has rated the Seller, the Seller shall promptly rate the Buyer. Ratings need to be provided by the Buyer and the Seller in order for the Seller to receive his or her earnings.
Settlement to Vendors. When user ratings by both a Buyer and a Seller are complete, Elikia and its designated payment processor will process the payment to Seller. Elikia will make commercially reasonable efforts to credit Seller’s earnings Balance with Elikia within ten (10) business days of receipt of the settled payment proceeds by Elikiai. Elikia shall transfer earnings to Seller’s bank account upon Seller’s request. Elikia may ask for Vendor’s User Information to ensure the transfer and purchase is secure, and may retain the earnings until Seller’s User Information has been verified and confirmed.
For more information on our payment procedures, please refer to the Help Center Section.
11. Fees Generally
A User’s responsibility for bank transfer fees and other costs incurred to make or receive a payment shall be subject to the rules set forth in the Help Center Section. Elikia charges a $2 fee for Direct Deposit withdraw requests under $10, and a $2 processing fee if a Direct Deposit transfer is rejected by your bank.
If you are eligible for Instant Pay to withdraw your balance to a debit card, Elikiai charges a $2 processing fee per Instant Pay transaction.
All fees associated with a transaction and/or shipping are communicated to the User at time of transactions.
Elikia may charge a cancellation fee of 5% of the item price but no more than $25 maximum. This will be subtracted from your balance and/or charged to the credit card on file within 30 days after you receive a notification from us.
Learn more about Elikia fees in our Help Center.
12. Buyer Transactions and Fees
Any payment by a Buyer in connection with the Service shall be made through Elikia and its payment processor and the details of such payment or settlement shall be subject to the rules set forth in the Help Center Section. Purchases made by Payment Instrument through the Service are also subject to the terms and conditions between Buyer and the issuer of the Payment Instrument.
When Buyer requests to make a purchase, Elikia processes such transactions on behalf of the Seller, and Buyer authorizes Seller to submit charges or credits (in the case of refunds/reversals), as applicable, to the Buyer’s Payment Instrument. By agreeing to these Terms, you authorize Elikia and its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or incur fees for the Service. Refunds under a certain dollar amount may be issued in Elikia Credit rather than requiring a shipping return to the Seller and a refund to the payment instrument at Elikia’s discretion. If a sales contract is formed, the Buyer shall pay the total amount of the product price and any applicable shipping fees. If shipping for a product will be paid by the Seller, it will be included in the listed product price. If shipping will be paid by the Buyer, the product will be shipped after the Buyer pays the product price and shipping fee.
If shipping for a product will be paid by the Seller, it will be included in the listed product price. If shipping will be paid by the Buyer, the product will be shipped after the Buyer pays the product price and shipping fee. If we are contacted by one of our shipping carriers and/or if Elikia is charged for postage or if Elikia is charged due to use of incorrect shipping labels or weight classifications, Elikia may remove the amount paid to the carrier on your behalf from your Account Balance.
You, as a Buyer, agree that purchases made through the Service are transactions between you and the Seller, not with Elikia or its affiliates. Elikia and its affiliates are not parties to your payment transaction with the Seller. You also agree that Elikia shall not have any liability to you for any payments made through Elikia’s designated payment processor.
13. Vendor Fees.
Vendors agree to pay Elikia the current “Transaction Fee,” which is defined in the Help Center Section, upon a successful completion of a sale. The current Transaction Fee is a flat 20% Transaction Fee per transaction. If applicable, the Transaction Fee amount will be displayed when Seller lists a product for sale.
If the Seller chooses to use the shipping label provided by Elikia when listing a product, the Seller also agrees to pay Elikia the applicable “Shipping Fee.” If an incorrect Shipping Fee is selected and/or if the carrier charges Elikia for postage due, Elikia may remove the amount paid to the carrier on your behalf from your Balance.
Both the Transaction Fee and Shipping Fee will be subtracted from Seller’s earnings.
Elikia may charge a cancellation fee of 5% of the item price but no more than $25 maximum. This will be subtracted from your Balance and/or charged to the credit card on file within 30 days after you receive a notification from us.
14. Cancellation of a Transaction; Refunds
Cancellation of a transaction is not permitted once the product has been ordered by a Buyer, except as required by applicable law or regulation. However, Elikia may allow cancellation of an order if the Buyer does not make a payment or does not pay on time; the Buyer receives an item that is not as described in the listing, is sent the wrong item, or is sent a damaged item; if the Seller does not ship within 4 (four) days; or for other reasons Elikia deems appropriate.
If a Buyer receives an item that’s damaged, not as described in the listing or is sent the wrong item, the Buyer must report the problem to us within 3 (three) days of delivery, or within such longer time as required under applicable law or regulation, through “Contact Us” in the Help Center Section. In such a case, the Buyer must NOT rate the Seller. Items may be returned to the Seller, as Elikia permits, for a refund.
Any refund will be issued to the original form of payment, or if a return of the item is not required, the buyer may be issued a refund in Elikia Credit. If the Buyer and Seller agree to a return after this determination, Elikia may be contacted to process to the original form of payment. We do not provide refunds or returns for Prohibited Items.
Transactions where payment is sent outside of the Elikia platform are strictly prohibited by Elikia’s Terms and Conditions and not protected by our Buyer Protection Guarantee. Listings or profiles soliciting such transactions are subject to removal without notice.
15. Redeeming and Using Earnings; Earnings Limitations
After a transaction is complete and goods have been delivered to the Buyer, and after both the Seller and the Buyer have rated each other, the Seller may request to have his or her earnings Balance resulting from the sale deposited in his/her bank account by requesting a Direct Deposit or to use his or her earnings Balance as a Buyer for purchasing goods through the Service. Elikia and/or its banks or processors may impose additional limitations on the dollar amount or frequency of bank deposits or use of earnings; these limitations are subject to change without notice.
A Seller whose User Information has not been verified and confirmed by Elikia may not complete a sale through the Service that would result in an Account earnings Balance more than $1,900 (one thousand nine hundred dollars) on any day (24 hour period) as calculated by Elikia at its discretion.
Elikia limits Instant Pay to $500 total per month until you meet certain conditions and complete verifications.
16. Transaction Records, Receipts and Customer Service
Receipts may not be issued to Users for payments made or received on the Service, except as required by applicable law or regulation.
Records of your payment transactions through the Service and Elikia Account Balance transactions will be reflected in your transaction history in your Elikia Account. You are responsible for reviewing your payment transaction history to determine if there are any errors or unauthorized transactions, and for alerting Elikia of such events through Contact Us in the Help Center Section, contacting us via email at email@example.com
It is your obligation to print or save a copy of your transaction history if desired. Please refer to the Electronic Communications Policy for additional information.
In addition to reporting any issues directly to Elikia through Contact Us options in the Help Center Section, residents of certain states may have rights regarding concerns or complaints with our payment services. See the Licenses/Disclosures page for more information.
17. No Interest.
Elikia and its bank do not pay interest to you on earnings or any other funds which may be maintained in an Account or otherwise with Elikia. You assign to Elikia the right to earn interest on earnings or other funds maintained with Elikia and its bank, in consideration of your use of the Service.
18. Handling of Credits
A user may earn Credits by participating in various campaigns offered through the Service or as otherwise explicitly provided by Elikia. The amount of Credits that may be earned and other conditions for earning Credits shall be subject to the applicable Credit campaign rules provided by Elikia. To the extent permitted by applicable law or regulation, Elikia may change the rules at any time, and may terminate the entire Credits system without any refund or other compensation for existing Credits. “Credits” means credits that can be used solely to purchase eligible products through the Service in accordance with these Terms.
- A user will not be able to exchange Credits for cash, property, or any other economic benefits other than for the purchase of eligible products through the Service that are specified by Elikia. A user will not be able to transfer Credits to any other User or person. Credits may be refunded in accordance with applicable laws and regulations and displayed by the Service. A user is responsible for any unauthorized use of his or her Credits. Warranties and Limitation of Liability
- Credits expire at 11:59 PM Pacific Standard Time 30 days following the date on which the Credits were earned, if Elikia has informed the User of a separate period at or prior to the issuance applicable to particular Credits, such period shall apply to those Credits. Once expired, Credits will not be reinstated.
- If Elikia determines that your use of Credits violates our Terms or is otherwise inappropriate, Elikia may invalidate all the Credits earned by either you or through associated accounts.
19. Handling of Coupons
A user may earn Coupons by participating in various campaigns offered through the Service or as otherwise explicitly provided by Elikia. The value that may be earned by using Coupons and/or other conditions of Coupons shall be subject to the applicable campaign rules provided by Elikia. To the extent permitted by law or regulation, Elikia may change the rules and may terminate the entire Coupons system without any refund or other compensation for existing Coupons and/or Credits earned by using Coupons. “Coupons” means coupons that can be used to earn Credits, and/or to get discounts and/or for other purposes specified in the applicable campaign rules provided by Elikia, through the Service in accordance with these Terms.
- A user will not be able to exchange Coupons for cash, property, or any other economic benefits other than for Credits and/or any other benefits through the Service.
- A user will not be able to transfer Coupons to any other user or person.
- Elikia will not refund Coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the Coupons shall be determined by Elikia in accordance with applicable laws and regulations. A user is responsible for any unauthorized use of his or her Coupons.
- If Elikia determines that your use of Coupons violates our Terms or is otherwise inappropriate, Elikia may invalidate all the Coupons and/or Credits earned by using Coupons owned by such user.
- Coupons expire in accordance with the applicable campaign rules provided by Elikia. Once expired, Coupons will not be reinstated.
20. Disputes Between Users
Vendors agree to resolve any disputes directly with the Buyer according to our Terms. In the event that a dispute is escalated to Elikia, we reserve the right to issue a refund to a Buyer if a transaction is found to be in violation of Elikia’s Terms.
In the event that a Buyer submits a chargeback or other form of payment reversal, Elikia will respond to the payment network as the merchant of record on behalf of the Seller involved in the transaction. The Seller agrees to provide any requested information to Us within five (5) calendar days of the request. Elikia reserves the right to recoup funds associated with Buyer chargebacks/payment reversals or refunds through any permissible legal means.
Returns of prohibited items to Vendors are not allowed. Buyers may be eligible for a refund after the goods have been confirmed destroyed. Vendors will not be reimbursed for prohibited items.
If there is a dispute between Users, or between a User and a third-party with regard to the Service, the matter shall be resolved by such users at their own cost. Elikia may participate in the dispute at its discretion. After a transaction is processed, Elikia is the final arbiter of disputes between Users and Elikia shall not bear any liability related to such disputes.
If you have a dispute with one or more users, you release Elikia(and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
21. Indemnification; Limitation of Liability
We hope this never happens, but if Elikia gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending Elikia to the best of your ability. That means you must assist Elikia in defending any matter in which you were involved. This includes providing information regarding your experience (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights.
Liability Limits. To the fullest extent permitted by law, neither Elikia, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, actual, indirect, special or punitive damages arising out of or in connection with the Service or these Terms. In no event shall Elikia’s aggregate liability for any damages exceed the greater of one hundred ($100) U.S. Dollars or the amount you paid Elikia in the past twelve months for Seller fees.
Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify Elikia from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third-party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Disclaimer of Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Elikia DISCLAIMs ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Elikia IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. Elikia HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.
Limitation of Liability. IN NO EVENT WILL Elikia BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Elikia HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF Elikia TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO Elikia FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (II) $100.
FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR Elikia ACCOUNT BALANCE, THE SOLE REMEDY AGAINST Elikia SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL Elikia BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF Elikia OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.
Elikia SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.
Elikia SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Force Majeure. Elikia shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; labor conditions; power failures and/or internet disturbances.
- These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Elikia.
- The Terms, including the Policies and other documents incorporated by reference herein, supersede any other agreement between you and Elikia regarding the Service.
- If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
- Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
- The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
- You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without consent.
If Elikia determines that there is a need to notify or contact a user, it will do so by sending a text message, email, or letter to the email address or mailing address provided by the User. Alternatively, the notice may be displayed on the App or the website, or by other reasonable means. Elikia shall not be liable for any damages incurred due to the fact that Elikia’s notice or communication was not received or was delayed.
You may contact Elikia by emailing us through the Help Center. You may print or PDF our policies If you are a California resident, you may also have these Terms sent to you electronically by emailing us a request for these Terms.
You hereby agree to comply with any and all applicable tax laws and regulations in connection with your use of the Service, including reporting and payment of any taxes arising from a payment transaction or income received through sales made through the Service.
Governing Law and Jurisdiction
- These Terms shall be governed and construed under the laws of California. Any dispute that arises between you and Elikia that may not be subject to arbitration and shall be submitted to the exclusive jurisdiction of the state and federal courts in Palo Alto, California.
- If you are a California resident, California Civil Code Section 1789.3 allows you to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210, in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
23. Legal Disputes and Use of Arbitration
You and Elikia each agree that any and all disputes or claims that have arisen or may arise between you and Elikia relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Service, any goods sold, offered, or purchased through the Service, or any payments processed for goods sold, offered or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than in court, except that you may assert a claim in small claims court, if it meets the criteria. Arbitration is more informal than a lawsuit filed in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and Elikia agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND Elikia AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Elikia AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
The assigned independent arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this or any other applicable Terms or Policies, any part thereof, including, but not limited to, any claim that all or any part of these Terms are void or voidable.
All arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable). The AAA’s rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must also send a copy of the completed form to Us at the following address in order to initiate arbitration proceedings: Elikia, Inc. Attn: Compliance PO Box 60178, Palo Alto, CA 94306.
For claims under $10,000, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place at a mutually-agreeable location or, if user and Elikia are unable to agree, in Santa Clara County, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Elikia user to the extent required by applicable law or regulation. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. For claims under $10,000, Elikia will pay all arbitration fees and will reimburse you for the initial filing fee.
If you receive an arbitration award that is more favorable than any offer Elikia makes to resolve the claim before an arbitrator was selected, then Elikia will pay user’s reasonable attorneys’ fees (not to exceed the actual amount of attorney’s’ fees incurred by user) in addition to any substantive award. Elikia will not seek its attorney’s’ fees and costs in arbitration unless the arbitrator determines that user’s claim is frivolous.
Severability. With the exception of any of the provisions in this Policy, if an arbitrator or court decides that any part of this Policy is invalid or unenforceable, the other parts of this Policy shall still apply. If an arbitrator or court decides that any of the provisions in this Policy (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this section shall be null and void.
IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THIS ARTICLE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO Elikia, INC., PO BOX 60178, PALO ALTO, CA 94306.
24. Notice Regarding Apple®
To the extent that you are using our App on an iOS device, you further acknowledge and agree to this section. You acknowledge that these Terms are between you and Elikia only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third-party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the App infringe that third-party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Established June 18 2020