TERMS AND CONDITIONS OF USE

Thank you for using GOSKATEWHEELS and the e-marketplace services. These Terms of Use ("Terms") set forth the rules and restrictions governing your use of our website, products, services ("Services").

Please read the Terms carefully and, if you have any questions, comments or concerns regarding these Terms or the Services, please contact us at info@goskatewheels.com These Terms of Use (the "Terms") constitute a binding agreement between you and International Multibrand Trading SAS as described in Section 1.2 below.

You must accept and agree to all of the Terms; otherwise, you may not use the Services. By using the Services, whether by registering for an account and making a purchase or otherwise, you agree to be bound by these Terms, as well as our Privacy Policy and Copyright Dispute Policy.

If you have a merchant account, your use of the Services is also governed by the Merchant Terms of Service and Agreement. If there is a conflict between the Merchant Terms and these Terms, the Merchant Terms will prevail as to such conflict.

1. The parties

1.1 International Multibrand Trading SAS: (i) operates the electronic marketplace platform, GoSkateWheels (hereinafter referred to as the " Applications or E-Marketplace website") which may be available for operating systems, such as Android or iOS, or mobile web; and (ii) develops and offers other products and services. In this policy, we will refer to International Multibrand Trading SAS "IMT", "we" or "us". We will also refer to end users as "you" and companies that advertise and sell products and services, as the "Merchant(s)".

1.2 Its location determines the International Multibrand Trading SAS partnership established in Colombia with which you have an agreement: The IMT entity with which you have an agreement may change as we continue to grow our business.

1.3 The Electronic Marketplace Applications allow sellers (hereinafter, the "Merchants") to establish stores where services and Products (hereinafter, the "Products") are advertised and sold to end users. When you purchase a Product, the contract of sale is solely between you and the Merchant. Therefore, when you purchase a Product from GoSkateWheels, you are entering into a transaction with the Merchant that advertised the Product and such Merchant is responsible for completing your order. IMT provides the technology platform for the E-marketplace Applications or website and acts as a facilitator of sales and advertising of skating products for the sole purpose of enabling the user to purchase and make payments directly to the merchant after making a purchase of a Product through the E-marketplace website.

2. Services

2.1 IMT operates e-marketplaces that allow Merchants and users to share data and make purchases. Merchants are responsible for their stores, Products, Product listings (including original or crossed-out prices), as well as for the fulfillment of your order. Merchants may be located in the country or region where you reside or elsewhere. If they are located elsewhere, this may have an effect on taxes, customs or the applicability of consumer protection rules.

2.2 Although we are not a party to the contract between you and a Merchant when you purchase Products sold by Merchants, we may, in connection with the provision of our Services or in connection with our role as a facilitator for sales of skate products to assist users in making purchases and payment directly to the Merchant, assist in processing returns, refunds and other customer services. IMT does not warrant (i) the existence, quality, safety, suitability or legality of Merchant's Products or Product advertisements; (ii) the truthfulness or accuracy of Product advertisements, descriptions or other content provided by Merchants; (iii) the truthfulness or accuracy of ratings, reviews or other User Comments; nor (iv) the performance or conduct of Merchants or other third parties. Unless we clearly state otherwise, IMT does not endorse any Merchant, store, Product or Product advertisement. Please read all labels, warnings and instructions provided with a Product you purchase before using or receiving it, and consider doing your own research before making a purchase.

2.3 You acknowledge and agree that IMT acts as a platform for the sale of skate products where you may find your way to make your payments directly to the merchant.

2.4 Check well all details and restrictions related to a Product before placing an order with a Merchant. With regard to any request for services, please note that you are solely responsible (or the person receiving the services is responsible) for informing the Merchant of any medical or health conditions and/or special needs that may affect or be affected by the services (including but not limited to allergy information and health issues).

3. User requirements

3.1 To use the Services, you must be at least 13 years old (or the age established by applicable law for expressing consent) and of legal age to enter into a binding agreement (otherwise, you must have your parent's or guardian's permission to use the Services and one of them must have agreed to these Terms on your behalf). Merchants may sell Products for children use; however, these Products are intended for sale to adults. Certain Products may be intended only for persons of certain ages or "adult audiences". By ordering such Products, you certify that you are old enough to view, use, possess or receive them. IMT has no liability to you for third party content that you consider unacceptable.

3.2 You are not permitted to use the Services if: (a) you are unable to enter into a binding agreement with IMT; (b) you are located in a country subject to a U.S. Embargo or appear on a U.S. Agency list of prohibited persons or entities, such as the U.S. Treasury Department's list of Specially Designated Persons; or (c) you have previously been prohibited from using any of our Services, unless we have revoked that prohibition, in our sole discretion.

3.3 You may be required to create an account and select a password and user name. You agree to provide us with accurate, complete and updated registration data about yourself, including contact information. If you make any changes to your contact data, you must update it immediately. You may not select as your user name a name that you do not have the right to use, or the name of another person with the intent to impersonate that person. You may not assign your account to any other person without obtaining our prior written authorization.

3.4 The e-Marketplace website may allow you to log in with a social network account and your login details. The configuration of the Mercado Electrónico WEBSITE and social networks may allow certain activity to be published.

4. Rules and Restrictions

4.1 You agree to use the Services for your own internal and personal use, not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms, applicable e-marketplace policies and all laws applicable to you. If your use of the Services (including the purchase of any Products on the Services) is prohibited by applicable laws, you are not authorized to use the Services. We will not assume any liability if you use the Services in a manner that violates any laws.

4.2 You will not share your account or password with others, and you must protect their security. You must notify IMT immediately of any unauthorized use of your password or any other breach of your account security. You are responsible for any and all activity related to your account.

4.3 You must not create multiple accounts or allow others to use your account.

4.4 Giveaways, contests, raffles, surveys, games or similar promotions (collectively, the "Promotions") made available through the Services may be governed by rules that are separate from these Terms of Use. If the rules of a Promotion conflict with these Terms of Use, the rules of the Promotion shall prevail.

4.5 By accessing or using the Services, you agree to:

  1. Comply with all laws, rules, regulations, these Terms and all IMT policies;
  2. Only purchase Products that you can lawfully acquire in your jurisdiction;
  3. Only use (or attempt to use) the Services through interfaces provided by IMT; and
  4. Comply with any instructions that appear in any robots.txt file that is present on the Services.

4.6 By accessing or using the Services, you agree not to do the following:

  1. Infringe or violate the intellectual property rights or any other rights of any other person, including those of IMT;
  2. Violate these Terms, IMT's policies or any laws or regulations, including applicable export control laws;
  3. Engage in activities that are harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise unacceptable;
  4. Circumvent the terms, policies or rules set forth in the Services, including in connection with any promotion, contest or program that is part of the Services;
  5. Collect personal data from users of the Services or use such data found on the Services;
  6. Engage in activity that compromises the security of your account or anyone else's account (such as allowing another person to log in to the Services as you);
  7. Attempt to obtain another user's password, account or other security data in any way;
  8. Use a third party's login information, hide your real IP address or otherwise impersonate or misrepresent your identity or your affiliation with any natural person or entity;
  9. Breach the security of any computer network or crack passwords or security encryption codes;
  10. Run an email list, automated email server, any form of answering machine or "spam" on the Services, or any process that runs or is activated while you are not logged into the Services, or any process that otherwise interferes with the proper functioning of the Services (including by placing an unreasonable load on the Services' infrastructure);
  11. Use a "crawler", "indexer" or "spider" to inspect any page, data or portion of the Services or Content or data related thereto (through the use of manual or automated methods);
  12. Copy or store a significant portion of the Content;
  13. Decompile, reverse engineer or otherwise attempt to obtain the underlying source code, ideas or data from the Services;
  14. Make inappropriate use of promotions, discounts or other benefits offered by GoSkateWheels or Merchants, including charging for discounts or promotional codes.
  15. Schedule, request or otherwise order services from a Merchant if you do not intend to receive or pay for such services, or if you do not meet the Merchant's requirements as stated in the service description; or
  16. Attempt to do any act or permit, encourage, aid or abet any third party to do any act that is prohibited in this posting, or attempt, permit, encourage, aid or abet any other violation of these Terms.
  17. In addition to any other remedies available to us, including, without limitation, monetary and non-monetary damages, breach of any of the foregoing is grounds for adjustment of prices or amounts due; cancellation of one or more purchases; and/or suspension or termination of your right to access or use the Services.

5. Privacy

5.1 Our Privacy Policy provides information about how we collect, use and disclose your personal information. By installing our applications, creating an account, viewing Products, making a purchase or otherwise using the Services, you acknowledge that we will collect, use and disclose your personal information as described in our Privacy Policy.

5.2 Merchants are the ones who complete your purchases. To complete your purchases, Merchants need data about you, such as mailing address. Merchants may be located in the country or region where you reside or elsewhere. You acknowledge that when you make a purchase, IMT considers it as a request from you to share your information (including your name, postal address and telephone number) with the relevant Merchant to, for example, facilitate the shipment or delivery of the Products to you, and that such sharing may result in a transfer of personal data from one region to another.

5.3 You acknowledge and agree that IMT may access, preserve and disclose your account or user information (if any such information exists) as described in our Privacy Policy, including, without limitation, if required to do so by law or if we have a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of your acts infringe the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of IMT, its users and the public.

6. Communications

6.1 IMT may communicate with you via email or calls and text messages to any telephone number you provide to us in order to: (i) send you notices about your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) seek your feedback through surveys or questionnaires; or (vi) as necessary to service your account or enforce these Terms, our policies, applicable law or any other agreement we may have with you.

6.2 If you wish to receive advertising through text messages and mobile alerts, you may register for that purpose, including on a checkout page (where payment is made) to purchase a Product on the e-Marketplace website. By registering, you consent to receive autodialed advertising text messages and other mobile messages on a recurring basis from us or on our behalf at the cell phone number you provided to us. You understand that consent is not a condition of making purchases. Message and data rates may apply. If you wish to be removed from GoSkateWheels' list of advertising text messages, you may follow the instructions included in those messages or reply STOP to any SMS or IMT text message. If you have any questions, you may respond HELP to IMT's SMS or SMS text message alerts, or you may contact customer service at info@goskatewheels.com.

6.3 IMT may communicate with you through a third party service provider and we or the service provider may record or monitor telephone conversations you have with IMT or its agents for quality control and training purposes or for our own protection. You consent to such recording and monitoring. IMT may also track communications between you and Merchants (through a service provider or through other methods) so that IMT and Merchants can access certain details about your communications with IMT or Merchants. As part of this process, IMT and the service provider will receive and store data about your communication, including the date and time of the communication, your contact information and the content of the communication. You agree to these practices of IMT and the service provider. The data is subject to our Privacy Policy.

7. Content; License

7.1 The content displayed, presented or made available on or through the Services, including, without limitation, text, graphic materials, data, articles, photographs, images, illustrations, User Comments, Feedback (all of the foregoing, hereinafter the "Content") is protected by copyright and/or other intellectual property laws. You agree to comply with all copyright notices, trademark rules, data and restrictions contained in any Content you access through the Services, and you may not use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell or otherwise exploit any Content not owned by you (i) without the prior consent of the owner of such Content or (ii) in a manner that infringes the rights of another (including IMT).

7.2 GOSKATEWHEELS is a trademark of IMT, registered in the Patent and Trademark Office of COLOMBIA and in other countries. All rights reserved.

7.3 You agree that IMT owns or licenses the Services. You may not modify, publish, transmit, participate in the transfer or sale of the Services, reproduce, create derivative works based on the Services or otherwise exploit any of the Services.

7.4 Subject to your compliance with these Terms and any applicable policies, rules or guidelines and payment of any applicable fees, IMT or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Services. IMT or its licensors, suppliers, publishers, rights holders or other content providers reserve and retain all rights not expressly granted to you in these Terms or policies or guidelines. Any licenses granted by IMT will terminate if you fail to comply with these Terms or any applicable policies, rules or guidelines.

8. Copyrights

8.1 We respect the intellectual property rights of others, and reserve the right to remove or disable allegedly infringing Content and to terminate the accounts of repeat infringers. To review our full Copyright Dispute Policy and learn how to report allegedly infringing Content, please contact us at info@goskatewheels.com.

9. Responsibilities

9.1 Any data or Content that is publicly displayed or privately submitted through the Services is the sole responsibility of the person who submitted such data or Content. You access such information and Content at your own risk and we are not responsible for any errors or omissions in the information or Content or for any loss or damages of any kind incurred in connection therewith. We cannot control and are not obligated to take any action with respect to how you may interpret and use the Content or what action you may take as a result of your exposure to the Content, and you hereby release us from any and all liability for your acquisition or non-acquisition of Content through the Services. We cannot guarantee the identity of users with whom you may interact when using the Services, nor are we responsible for users who access the Services.

9.2 You are responsible for all Content that you contribute, in any manner, to the Services, and you represent that you have all necessary rights to do so in the form in which you contribute it.

9.3 The Services may contain links or links to third party websites or services that are not owned or controlled by IMT. When you access third party websites or use third party services, you accept that there are risks in doing so and that IMT is not responsible for those risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service you visit or use.

9.4 IMT has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices, or opinions expressed on third party websites or by third parties with whom you interact through the Services. In addition, IMT shall not and cannot monitor, verify, censor or edit the content of any third party website or service. By using the Services, you release us from all civil and criminal liability arising from your use of any third party website or service.

9.5 Your interactions with organizations and/or individuals you encounter on or through the Services, including communications, payment, performance and delivery of Products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make such investigation as you deem necessary or appropriate before proceeding with any transaction with any such third party. You agree to take reasonable precautions in all communications and interactions with these third parties and others with whom you communicate or interact as a result of your use of the Services, especially if you choose to meet offline or in person to receive Products from a Merchant. You agree that IMT shall not be liable for any loss or damage of any kind incurred as a result of such dealings.

9.6 If a dispute arises between participants of this site, or between users and third parties, you agree that IMT is not obligated to become involved. In the event that you have a dispute with one or more users, including a Merchant, you will release IMT, its officers, employees, agents and successors from claims, demands and damages of every kind or nature, known or unknown, foreseen or unforeseen, disclosed or undisclosed, arising out of or in any way connected with such disputes and/or our Services.

10. Modifications to the Services

10.1 We are always working to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or add new features, put limits on certain features, or restrict access to the Services in whole or in part. We will try to notify you when we make a major change to the Services that affects you, but this may not always be feasible. We also reserve the right to remove any Content from the Services at any time, for any reason (including but not limited to if someone claims that you contributed such Content in violation of these Terms), in our sole discretion and without prior notice.

11. Costs and Fees

11.1 Currently, access to and browsing on the E-marketplace site, as well as other aspects of the Services, are free of charge. However, you may choose to purchase Products through the Services, and you alone will be responsible for paying the purchase price of such Products, in addition to taxes and shipping costs, when applicable. We may cancel or limit quantities of Products purchased, and we reserve the right to refuse any order. In the event that we need to make a change to an order, we will attempt to notify you via the email address, billing address and/or telephone number provided at the time the order was placed. Prices are subject to change at any time. Due to separate and applicable tax jurisdictions, your purchases may be subject to specific sales, use, customs or value-added taxes, and shipping time and associated cost may increase accordingly. As changes are made to tax regulations, IMT may calculate and collect applicable taxes on some purchases.

11.2 IMT reserves the right to require payment of fees for some or all of the Services in addition to the fees charged for the purchase of Products. You shall pay all fees as described on the E-Marketplace website in connection with such Services that you select. IMT reserves the right to change prices and incorporate new charges at any time upon notice to you, which may be sent by email or posted on the Services. Your use of the Services following such notices will signify your acceptance of the new or increased charges.

12. Purchases; Prices

12.1 You are responsible for reading the full announcement of the Products prior to purchase. By confirming your purchase, you agree to pay all fees, taxes and other amounts related to your use of the Services. In addition, you acknowledge your responsibility for value added tax and customs duties. You agree that, where applicable, you will act as the importer of the products purchased and hereby authorize GoSkateWheels to appoint a freight forwarder to act as your direct representative and pay taxes and customs duties on your behalf. Please note that taxes, customs duties and similar charges charged at the time of purchase are estimated values and may be subject to change in accordance with local laws. If additional amounts are charged, you are responsible for these. GoSkateWheels cannot be responsible if a Product is delayed or denied customs clearance as a result of your failure to pay such amounts. Where a transaction is made pursuant to a shipment contract, risk of loss and ownership of the products transfer to you upon delivery of the products to the carrier.

12.2 IMT (and any third party service providers we may use) may charge you fees for purchases made through the eMarketplace Website. You must timely pay all fees or amounts related to your use of the Services, including purchases. YOUR PAYMENTS ARE NON-REFUNDABLE, EXCEPT AS EXPRESSLY STATED IN THE APPLICABLE POLICIES.

12.3 To make purchases, you must provide accurate and complete data for use of a valid payment method that you are authorized to use, such as a credit card. You must promptly update your account with any changes related to your payment method. BY PROVIDING PAYMENT METHOD DATA, YOU AUTHORIZE INTERNATIONAL MULTIBRAND TRADING SAS (IMT) OR ITS AGENTS OR PAYMENT SERVICE PROCESSORS TO CHARGE BY PAYMENT METHOD FOR (a) amounts due for products purchased; (b) any and all applicable taxes; and (c) any other charges incurred in connection with the use of the services.

12.4 Each final price is determined based on a price provided by the Merchant offering a Product for sale. Merchants provide all other data appearing in advertisements for Products, including reference prices or crossed-out prices. Merchants are obligated to provide accurate information, but we cannot in any way guarantee the truthfulness or accuracy of the data appearing in Product advertisements. IMT does not state or warrant that the Merchant has actually offered or sold the Product at the crossed-out price. You should not rely on the crossed-out price to make a purchase decision. If the comparison price is an important factor in your purchase decision, you should do your own research and comparisons before making a purchase.

12.5 Errors in pricing or availability may occur from time to time. IMT reserves the right to cancel any order containing pricing or availability errors, without further obligation to you, even after you have received an order confirmation or shipping notification.

13. Refunds, exchanges and related matters

13.1 We want you to be satisfied with your purchases made on the Services. If you have a problem with an order or purchase, contact us. You agree that: (i) in accordance with its SHIPPING-RETURNS-EXCHANGES-GUARANTEES POLICY, IMT may issue a refund to resolve any problems that occur with your order, including the content of a Product listing or delivery, terms, performance or quality; and (ii) if you wish to seek any other remedy, you must do so directly with the applicable Merchant. If you accept a refund, your ability to seek further recourse from the applicable Merchant may be affected.

13.2 Except as set forth in the SHIPPING-RETURNS-EXCHANGES-GUARANTEES POLICY, IMT cannot refund, reimburse, cover or be liable for any other amounts, including, without limitation, those not paid to IMT for customs, taxes, or any return shipping costs you may incur arising from the refund process.

14. Termination of relationship

14.1 You may stop using the Services at any time. However, any amounts that you have not paid and owe to IMT (for our fees) or Merchants (for Products you purchase) will remain due and owing. IMT also has the right to terminate your use of, or suspend access to, the Services or your account for any reason in our sole discretion, including your breach of these Terms. IMT has the sole right to decide whether you are in breach of any of the restrictions set forth in these Terms. These Terms will continue to apply to you and amounts owed by you to IMT (for our fees) or Merchants (for products you purchase) will continue to be considered unpaid even after your right to use the Services is terminated.

14.2 If you close your account, the Content related to your account may be deleted, so please remember this before you decide to close your account.

14.3 Provisions which by their nature are intended to continue in force after termination of these Terms subsist upon termination. For example, all of the following provisions will subsist on termination: (i) any obligation you have to us to pay or indemnify us; (ii) any limitations on our liability; (iii) the terms relating to proprietary and intellectual property rights; and (iv) the terms relating to arbitration and waiver of class claims.

15. Disclaimer of warranty. This disclaimer section is an essential part of these terms and conditions.

15.1 Neither IMT nor its licensors or suppliers make any representations regarding any content displayed on or accessed through the services. Further, we are not responsible for the accuracy, copyright compliance, legality or honesty of the material displayed on or accessed through the services. We (and our licensors and suppliers) make no representations regarding suggestions or recommendations for services or products offered or purchased through the services.
15.2 Your use of the services, and the products offered and purchased on the services, is at your own risk. To the extent permitted by applicable law, the services, services and products offered and purchased on the services and other content are provided on an "as is" and "as available" basis, without warranties of any kind. To the fullest extent permitted by applicable law, IMT expressly disclaims all express or implied warranties, representations, and conditions of any kind, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.
15.3 You acknowledge and agree that, to the fullest extent permitted by applicable law, you assume total responsibility for use of the services and that the data you send or receive in the use of the services may not be secure and may be accessible to or interviewed by unauthorized persons. You agree that, to the fullest extent permitted by applicable law, IMT shall not be liable for any loss or damage to your property or data arising from any material you access or download from the services.
15.4 If you rely on data or information obtained through the services, you do so at your own risk. You are solely liable for any damages or damages that occur as a result of your use of such data or information.
16. Limitation of liability
16.1 Notwithstanding IMT's designation as a facilitator for the sale of skate products, for users to make purchases and payment directly to the merchant for products posted on the website, to the fullest extent permitted by applicable law, under no circumstances and on no legal theory (including, but not limited to, tort, contract, strict liability or otherwise), IMT (or its licensors or suppliers) shall be liable to you or any other person for (a) indirect, special, punitive, incidental or consequential damages of any kind, including damages for lost profits, loss of trade credit, work stop, accuracy of results or computer failure or malfunction arising out of or in connection with the services; or (b) your use of the services including, but not limited to, any inability to access or use the services, or the purchase and use of products offered for sale within the services, even if IMT, its suppliers or any other person has been advised of the possibility of damages.
16.2 This disclaimer of liability shall apply, without limitation, to any damage, harm or physical injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, damage to files, communication line, network or system failure, your loss of profits, as well as any theft, destruction, unauthorized access to, alteration, loss or use of any records or data, and other tangible or intangible losses.
16.3 You specifically acknowledge and agree that IMT shall not be liable for any inappropriate, offensive or illegal conduct of any merchant or user of the services.

17. Indemnification

17.1 To the extent permitted by applicable law, you agree to exonerate IMT, its affiliates, officers, agents, employees and partners from any claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising out of, or relating in any way to, claims by third parties with respect to: (a) your use of the Services, including, without limitation, User Comments or any action taken by a third party through your account; (b) your breach of these Terms; (c) your violation of any rights of another party, including, without limitation, any intellectual property, proprietary or privacy rights or any third party agreement; or (d) your violation of any applicable law, rule or regulation. In the event of any such claim, suit or action ("Claim"), we will attempt to notify you of the Claim through the contact data we have for your account (provided that failure to deliver such notice will not eliminate or reduce your indemnification obligations hereunder).

18. General Provisions

18.1 Electronic Communications Electronic Communications You agree to receive communications from IMT electronically, such as emails, text messages, mobile push notifications or notifications and messages on the Services, and to retain copies of these communications for your records. You also agree that all terms and conditions, agreements, notices, disclosures and other communications and documents that IMT sends to you electronically will have the same legal effect as such communications or documents would have if they were set forth "in writing."

18.2 Transfer You may not assign, delegate or transfer these Terms or your rights or obligations hereunder or your Services account in any manner (by operation of law or otherwise) without IMT's prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without consent.

18.3 Force Majeure IMT shall not be liable for any delay or failure to perform arising from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, accidents, pandemics, strikes or shortages of transportation, fuel, power, labor or materials.

18.4 Applicable Law These Conditions and disputes of any kind that may arise between you and IMT shall be interpreted in accordance with the laws of COLOMBIA, without regard to the principle of conflict of laws or other principles providing for the application of the law of another jurisdiction.

18.5 Exclusive Competent Jurisdiction Any claim or dispute between you and International Multibrand Trading (IMT) arising out of or related to the Services and that is not subject to arbitration or does not meet the requirements for filing a small claim shall be resolved exclusively in a court of competent jurisdiction located in the City of Medellin - Colombia. In this act, you hereby grant your consent and waive any argument of lack of personal jurisdiction.

18.6 Limitation Period You agree that, notwithstanding any provision of law to the contrary, any claim arising out of or related to the Services must be brought within six (6) months after the cause of action arises. Thereafter, such cause of action shall be permanently barred.

18.7 Notices When IMT asks you to provide an email address, you are responsible for providing IMT with your most current email address. In the event that the last email address you provided to IMT is invalid, or for any reason IMT is unable to send you the notices required or permitted under these Terms, IMT's sending you the email containing such notice will constitute effective notice. You may send notice to IMT at the following address: Carrera 79 1 200 local 102 Medellín - Colombia. Such notice shall be deemed given when received by IMT by letter delivered by a nationally recognized overnight delivery service or by postal mail at the above address.

18.8 Miscellaneous You shall be responsible for paying, withholding, filing and reporting all taxes, duties and other governmental fees arising from your activity in connection with the Services, provided that IMT may perform, in its sole discretion, any of the foregoing actions on your behalf or in its own capacity as IMT deems appropriate. The failure of you or us to exercise, in any manner, any right granted hereunder shall not be deemed a waiver of rights hereunder. Subject to arbitration in the event that any provision of these Terms is determined to be unlawful or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary for these Terms to remain in full force and effect and enforceable. You hereby acknowledge and agree that you are not an employee, agent, partner or joint venture of IMT, and you have no authority of any kind to bind IMT in any respect.

19. Arbitration

Please read carefully the following arbitration agreement set forth in this section (the "arbitration agreement"). This agreement provides that most disputes with IMT will be submitted to arbitration and may have a material effect on your legal rights. You and IMT agree that all disputes, controversies or claims arising out of or relating to your use of the services, including but not limited to the electronic marketplace website, any products or services sold or distributed on the electronic marketplace website, these terms or the content (a "dispute") will be resolved only by: (A) bilateral, definitive and binding arbitration, with the exceptions set forth below; or (B) in a little claims or minimum amount court-court. You and International Multibrand Trading SAS (IMT) agree that the present Conditions have effects between the parties and will be resolved before an International Arbitration Court before the Chamber of Commerce of Medellin for Antioquia - Colombia composed by One (01) arbitrator who will decide in law.

19.1 Disputes "Disputes" shall include, among other things, claims or disputes between you and IMT relating to the Service, Content, User Feedback (for general, personal and/or limited audience), or arising out of the foregoing, including, without limitation, sales, returns, refunds, cancellations, defects, policies, privacy, advertising or any communication between you and IMT, even if the claim arises after you or IMT has terminated use of the Services or these Terms or closed the user's account. Disputes also include, but are not limited to, claims: (a) brought by you against our employees, agents, affiliates or other representatives; (b) brought by IMT against you; (c) that in any way relate to, or arise out of, any aspect of the relationship between you and IMT, whether based on contract, tort, statute, fraud, misrepresentation, advertising claims or any other legal theory; (d) that arose prior to your acceptance of these Terms or a prior set of Terms with IMT; (e) that are subject to ongoing litigation to which you are not a party or class member; and/or (f) that arise after the termination of these Terms. Disputes do not include disagreements or claims relating to patents, copyrights, moral rights, trademarks, trade secrets, and claims for piracy or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and good faith negotiation described below.

24.4 Authority of Arbitrator(s) The arbitrator(s), and not a federal, state or local court, tribunal or agency, shall have exclusive power to resolve any dispute relating to the interpretation, applicability, enforceability or construction of this Arbitration Agreement, including, without limitation, any claim that all or part of this Arbitration Agreement is void or voidable. The arbitrator(s) shall decide the civil rights and liabilities, if any, of you and International Multibrand Trading SAS (IMT). The arbitration proceeding shall not be consolidated with any other matter or joined with other proceedings or parties. The arbitrator(s) shall have the power to grant applications for the disposition of any claim or dispute in whole or in part. The arbitrator(s) shall have the power to grant monetary damages and to grant any non-monetary remedy or relief available to a person under applicable law, the rules of the arbitral forum and these Terms (including the Arbitration Agreement). The arbitrator(s) shall issue a written arbitration award and a statement of decision describing the essential findings and conclusions on which the arbitration award (or decision not to make the award) is based, including the calculation of the compensation awarded. The arbitrator(s) shall comply with applicable law. The arbitrator(s) have the same power to grant relief on an individual basis as would a judge in a court/tribunal of law. The decision of the arbitrator(s) is final and binding on you and us, subject to the Arbitration Appeal Procedures.