Terms of Service

Full Document

by GlobalValley Solutions PVT LTD
February 27 2021

Terms of Service


The terms and conditions stated herein (the "Agreement") constitute a legal & business agreement between The Client and GlobalValley. By using or receiving any services supplied to client by the GlobalValley ( the "Service"), and downloading, installing or using any associated software supplied by the Company whose purpose is to enable client to use the business software provided by GlobalValley ( the “ChopChop Network"), client hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement. The client will be notified by email regarding updates to terms of service. 

  • The ChopChop Network application for web and mobile device (the "App") provided to you by GlobalValley Solutions pvt Ltd. ("GlobalValley" "us" or "we"), and our websites chopchop.pro, chopchop.lk, outpatient.pro and outpatient.lk (the "Site"), as well as all related web sites, networks, downloadable software, and other services provided by us and on which a link to this Terms of Service is displayed (collectively, together with the App and Site, our "Service"). These Terms of Service (these "Terms"), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Service. These Terms constitute a legal agreement between you and GlobalValley. In order to use the Service you must agree to these Terms.
  • These Terms provide that with limited exceptions all disputes between you and GlobalValley arising out of or relating to these Terms or your use of the Service will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters covered by Exceptions section of these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Dispute Resolution and Arbitration section for the details regarding your agreement to arbitrate most disputes with GlobalValley.
  • BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.
  • As provided in greater detail in these Terms, you agree and acknowledge these material Terms:
  • The App is licensed, not sold to you, and you may use the Service only as set forth in these Terms;
  • Your use of the Service may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
  • You consent to the collection, sharing, and use of your personally identifiable information in accordance with GlobalValley’s Privacy Policy;
  • The Service is provided "as is" without warranties of any kind, and GlobalValley’s liability to you is limited; and
  • Disputes arising under these Terms will be resolved by binding arbitration.

 

  • BY ACCEPTING THESE TERMS, YOU AND GlobalValley ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO WAIVE YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the Dispute Resolution and Arbitration section below for the details regarding your agreement to arbitrate any disputes with GlobalValley.

 

1.1 The GlobalValley Services

 

    • GlobalValley provides a mobile app and web-based technology platform branded under the name ChopChop Network that connects consumers, businesses, service providers, and drivers to facilitate customer relationship management, inventory management, invoicing, accounting, online ordering and delivery management. (the "Platform"). Through the Platform consumers may request product(s) to be delivered to them from a partner business. Independent drivers can access the Platform and receive delivery opportunities.
    • GlobalValley will make necessary arrangements via provided API(application program Interfaces) access to ordering, status update & product/service features of the platform.
    • In-addition GlobalValley provides service providers with the storage and management of protected information through its ChopChop network service. 
    • GobalValley solely provides a platform for business to run their sales & marketing operations. Eg: clients to order/request for product/services, and connect businesses/providers and connect drivers with pick up & delivery from preset locations.

 

1.2 Account Access

 

  • A person must be at least eighteen (18) years old to use the Service. By agreeing to these Terms, you represent and warrant to us:
    • That you are at least eighteen (18) years old;
    • That you have not previously been suspended or removed from the Service; and
    • That your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

 

  • If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

 

1.3 Accounts & Registration

 

  • By creating an account with GlobalValley, you are granted a right to use the services provided by GlobalValley subject to the restrictions set forth in Globallvalley Terms of Service and any other restrictions stipulated to you by us in writing.
  • Our registration process will ask you for information including your name and other personal information, and in registering for an account, you agree to provide true, accurate, current and complete information about yourself as prompted by the services' registration process and as requested from time to time by GlobalValley. 
  • You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Services, or otherwise advice us promptly in writing of any changes or updates to your Registration Data. 
  • You further consent and authorize us to verify your Registration Data as required for your use of and access to the services.
  • We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
  • Once you register for the Services, you shall receive a unique user identification and password in connection with your Account (collectively referred to herein as "Account IDs"). You must use your true and accurate name when signing up for an Account. You are required to select an appropriate and non-offensive Account ID. Ideally, the Account ID you choose will be a reasonably descriptive name that clearly identifies you. We reserve the right to remove or reclaim any Account ID if we believe, in our sole discretion, the Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that an Account ID is similar to the trademark and the Account ID does not closely relate to the User's actual name or trademark rights).
  • You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances.
  • You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so.
  • We are not liable for any harm caused by or related to the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs.
  • You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you.
  • You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed. 

 

1.4 Linking Your Account

 

  • As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a "Third Party Account") by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing GlobalValley to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to GlobalValley and/or grant GlobalValley access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating GlobalValley to pay any fees or making GlobalValley subject to any usage limitations imposed by such third party service providers. By granting GlobalValley access to any Third Party Accounts, you understand that (i) GlobalValley may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "SNS Content") so that it is available on and through the Services via your Account, including without limitation any friend lists, and (ii) GlobalValley may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be Content (as defined below) for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or GlobalValley's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. GlobalValley makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and GlobalValley is not responsible for any SNS Content. 
  • The Services may contain links to third party websites that are not owned or controlled by GlobalValley. GlobalValley has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GlobalValley will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve GlobalValley from any and all liability arising from your use of any third-party website.
  • You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. At your request made via e-mail to info@chopchop.pro, GlobalValley will deactivate the connection between the GlobalValley Services and your Third Party Account and any information stored on GlobalValley's servers that was obtained through such Third Party Account will be hidden, except the username and profile picture associated with your Account.

 

1.5 GlobalValley’s Role

 

  • Each client is solely responsible for selecting the product/service and the location to which the product will be delivered, whether on the premises of a business service location or at a site designated by the client.
  • Any decision by a client to receive a product/service is a decision made in such person's sole discretion and at their own risk.
  • Provider is solely responsible to who has access to customer records.
  • GlobalValley does not conduct background check on customer records.
  • GlobalValley does not conduct background checks on its clients. 
  • GlobalValley does not conduct background checks on drivers
  • GlobalValley does conduct background checks on businesses and providers.
  • GlobalValley does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any services or products.
  • GlobalValley cannot guarantee 100% availability of the Services to any user that may arise due to any industry constraints. 
  • The services may contain links to third party websites that are not owned or controlled by GlobalValley. Eg: marketing links by partner businesses shared to their customers. 
  • GlobalValley has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

 

1.6 Payment Processing

 

  • You may be required to enter credit card or other payment information, and as such GlobalValley may charge fees for orders or advance order, including cancelled and no shows.
  • By entering your payment information when requested, you authorize GlobalValley and its payment processors to charge and process the fees and charges assessed in connection with your orders
  • GlobalValley takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, GlobalValley is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.
  • If you cancel or don't show up to pick up an order, your credit card may still be charged in accordance with the cancellation policy and/or charges placed by the business(es). 
  • GlobalValley has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by GlobalValley, in each case in GlobalValley's sole discretion.  
  • The platform allow clients to pay businesses and businesses to get paid for for GlobalValley services, including Card-based payments initiated with Cards bearing the trademarks of MasterCard International Inc. and Visa Inc. (collectively, the "Networks")through a payment service provider retained by the Company (the "PSP"). We are not a bank and we do not offer banking services as defined by the Central Bank of Sri Lanka. 

 

 

1.7 Third Party Payment Service Provider(PSP)

 

  • You authorize us to process payments in accordance with the Services, using the payment information you have supplied. Users of the Service will be required to provide their credit card or bank account details to Company and the PSP. 
  • Users may be required to register with the PSP, agree to a PSP Account Agreement and the Terms of Service of the PSP and go through a vetting process at the request of the PSP to set up their account with the PSP. The PSP Account Agreement and Terms of Service retained by the Company are available at https://stripe.com/docs/connect/updating-accounts#tos-acceptance (collectively, the "PSP Agreement"), which may be modified by the PSP from time to time.
  • Please note that the Company is not a party to the PSP Agreement and that you, the PSP and any other parties listed in the PSP Agreement are the parties to the PSP Agreement and that the Company has no obligations or liability to any User under the PSP Agreement.
  • Company reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so. 

 

 

1.8 Unauthorized or Illegal Use

 

  • We may decide not to authorize or settle any transaction that you submit to us if we believe in our sole discretion that the transaction is in violation of these Terms of Service or any other agreement or the common laws of Sri Lanka.

 

1.9 Accepted Cards

 

  • GlobalValley works with any US-issued and most non-US issued credit, debit, prepaid, or gift cards ("Cards") with a Visa, MasterCard, or Discover logo. We may remove or add Cards that we accept at any time without prior notice.
  • If payment for purchases on your account is delinquent, your account information may be sent to a collection agency / debt collector and you may be subject to a collection action, and payment of collection related fees and costs.
  • Drivers and businesses are subject to the payout schedule identified below, we will deposit amounts received by us for transactions you submit through the Services (less any applicable Fees) to your verified bank account. 
  • In the event the bank account you link to your Account is incorrect and GlobalValley is not able to debit or credit the bank account, the bank account will be de-linked from your Account.
  • In the event that you do not have an ACH-enabled bank account linked to your Account, you may request a physical check. Check requests may be subject to a processing fee and an identity verification process. It is your obligation to request a check or otherwise link an ACH-enabled bank account to your Account in order to receive your funds.
  • Funds for any given transaction will not be deposited until the transaction is deemed complete. Transactions will be deemed complete when we have received or sent the funds and when we or the designated financial institutions have accepted the transaction or funds. 
  • Once you validate your bank account, and have ten dollars equivalent or more in your Account, GlobalValley will automatically initiate a payout to your bank account at the end of every business day when you have more than ten dollars in your account. Payouts to your bank account for payments received before 4pm Sri Lanka Time will usually be credited within 3 business days.
  • Should GlobalValley need to conduct an investigation or resolve any pending dispute related to your Account, we may defer payout or restrict access to your funds for the entire time it takes for us to do so. We also may defer payout or restrict access to your funds as necessary to comply with applicable law or court order, or if otherwise requested by law enforcement or governmental entity. 
  • You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of our software and services ("Taxes"). 

 

 

1.10 Right To Terminate

 

  • GlobalValley reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time. 
  • We may also suspend your access to the Services and your Account (including the funds in your Account) if you (a) have violated the terms of these Terms of Service, any other agreement you have with GlobalValley, including without limitation the EULA, or GlobalValley's policies, (b) pose an unacceptable credit or fraud risk to us, (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) for any other reason in GlobalValley's sole discretion. 
  • You may terminate these Terms of Service and/or the EULA by terminating your Account at any time. Upon closure of an Account, any pending transactions will be cancelled.
  • If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Service, (b) to immediately stop using the Services, (c) that any licenses granted to you under these Terms of Service shall end, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that GlobalValley shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data. You agree that GlobalValley may retain and use your information and account data as needed to comply with investigations and applicable law.
  • We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of these Terms of Service does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in these Terms of Service. 
  • GlobalValley is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid as determined in GlobalValley's sole discretion Fraudulent Actions”).  

 

1.11 Right to Restrict Account Access

 

  • GlobalValley reserves the right, in its sole discretion, to restrict access to user account either to a specific client or through the entire platform to preserve the integrity of the system.
  • Accounts can be restrictions based on the username, full name, phone & email. 
  • If an account is restricted, the user will be barred from registering & login from the client white-labeled services. However, the client can continue to administer the account and create new orders from the business portal. 
  • GlobalValley is not liable for any losses relating from user access restriction. 

 

1.12 GlobalValley Programs

 

  • GlobalValley may at any time in its sole discretion, change, modify, add to, supplement or delete the terms and conditions of any promotions, including without limitation changing the name, fees and eligibility requirements to participate in such promotion. 

 

1.13 Gift Cards

 

  • At times and under circumstances in Company's sole discretion, the Company may issue to certain Client/Businesses gift cards ("Gift Cards") that can be used to pay for Services and fees or expenses associated with the Services. Gift Cards are not replaceable if lost or stolen and have no expiration date, but in certain states, after a period of time, we may be required to remit the cash associated with unused Gift Card balances to certain states pursuant to their abandoned property laws. Once we have remitted such cash to a state, if someone tries to redeem the Gift Card, it may no longer be redeemed and we may direct them to that state's government instead. Gift Cards are not redeemable by the Company for cash except as required by applicable law.
  • If you wish to redeem your Gift Card and you can do so under applicable law, simply send your Gift Card along with a self-addressed envelope to 200A, Stanley Thilakarathna Mawatha, Nugegoda, Sri Lanka marked as “Attention: Gift Cards.”
  • We'll verify your address, confirm that your Gift Card balance qualifies you for redemption, and send you a check for the exact amount in the envelope provided. If we determine that the Gift Card is not required to be redeemed under applicable law, or we can't verify your residency, we'll return your Gift Card in the envelope provided. Company will be unable to redeem or return your Gift Card without a self-addressed envelope and is not responsible for mail that doesn't arrive at the address provided and cannot guarantee delivery in any way after submittal to the Postal Service.
  • A Gift Card cannot be combined with any other Gift Cards, gift certificates or other coupons for any given individual transaction on the Website. A Gift Card cannot be used as a credit or debit card. Company reserves the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means.
  • No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot "reload" (i.e., you cannot add value/balance to your Gift Card at this time). If a Gift Card holder's purchase exceeds the amount of that Gift Card's balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Company reserves the right to correct the balance of a Gift Card if Company believes that a billing error has occurred. Company disclaims all liability for any such billing errors. Gift Cards and their use are subject to these Terms of Service, and use of a Gift Card constitutes acceptance hereof. Unused Gift Card balances are not transferable.

 

 

1.14 Use of Services; Limitations and Changes to the Services

 

  • We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and GlobalValley shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. GlobalValley has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services. 
  • We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will endeavor to provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes, pandemic situations or other labor problems or Internet service provider failures or delays.

 

 

  • We do our best to keep GlobalValley safe and spam free, but can't guarantee it. In order to help us do so, you agree not to:
    • send or otherwise post unauthorized commercial communications (such as spam) on the Services.
    • collect Users' content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    • engage in unlawful multi-level marketing, such as a pyramid scheme, on the Services.
    • upload viruses or other malicious code.
    • solicit login information or Account IDs or access an account belonging to someone else.
    • bully, intimidate, or harass any User.
    • post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
    • develop, advertise or otherwise market alcohol-related or other mature content.
    • use GlobalValley to do anything unlawful, misleading, malicious, or discriminatory.
    • do anything that could disable, overburden, or impair the proper working of GlobalValley or the Services, such as a denial of service attack.
    • facilitate or encourage any violations of these Terms of Service.
    • To make sure we are able to provide a service to our Users and Users, we need to make sure our pages are accurate and up-to-date. To help us do so, you agree to:
      • keep your Registration Data and contact information accurate and up-to-date.
      • keep your Account IDs and Account information confidential and to not share your login information or Account IDs, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.
  • We may set rate limits and/or block access to one or more API endpoints if we deem they are being abused or experience excessive usage.

 

1.15 HIPAA Notice

 

  • The Services has the feature for healthcare providers to communicate protected health information, and it is compliant with the US Health Insurance Portability and Accountability Act (HIPAA). The term "protected health information" means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. 

 

1.16 Proprietary Rights

 

  • The Services contains content and technology of the Company that is protected by copyright, Intellectual property rights, trademark, patent, trade secret and other laws. The Company owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, logic, technology and documentation (collectively, the "Company Property"). You may not copy, modify, or reverse engineer any part of the Services or the Company Property. 
  • In order to operate the Services, the Company needs to make certain use of your publicly posted Content. Therefore, by posting, uploading or submitting to GlobalValley, or making available for inclusion in publicly accessible areas of GlobalValley, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, "Content"), you represent that you have full authorization to do so. You also hereby grant GlobalValley a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on GlobalValley and will terminate at the time such Content is removed from the Services by you or by GlobalValley; provided that the license will not terminate and will continue notwithstanding any removal of the Content or termination of your use of the Services to the extent that GlobalValley needs to use such Content in connection with any investigation or in compliance with any laws.
  • The Service, and the media and materials contained in the Service, including all intellectual property rights in the Service, are the sole and exclusive property of GlobalValley and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by GlobalValley in these Terms are expressly reserved. 

 

1.17 Indemnity

 

  • You agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney's fees) arising from or relating to: (i) your use of and access to the Services; (ii) Styling Services facilitated by the Services or any interaction between you and another user; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services. This defense and indemnification obligations will survive the termination of these Terms of Service and your use of the Services. 

 

1.18 Dispute Resolution

 

 

  • To expedite resolution and the cost of any dispute, controversy or claim related to these Terms of Service ("Dispute"), you and GlobalValley agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. 
  • If you and GlobalValley are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Services (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Arbitration Act of Democratic socialist republic of Sri Lanka. Your arbitration fees and your share or arbitrator compensation will be governed by the Arbitration Act Laws. If your claim for damages does not exceed LKR 200,000, GlobalValley will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms of Service, you and GlobalValley may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

 

  • Claims where mandatory arbitration is prohibited by a valid, non-preempted law to the extent waiver of such claim is deemed unenforceable by a court of competent jurisdiction, are not covered by this arbitration provision. Nothing in this arbitration provision will prevent either party from bringing an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a court in Democratic Socialist Republic of Sri Lanka, with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights.

 

  • You and GlobalValley agree that any arbitration will be limited to the Dispute between GlobalValley and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND GlobalValley ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and GlobalValley otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

 

  • Arbitration will take place in Democratic Socialist Republic of Sri Lanka. You and GlobalValley agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Democratic Socialist Republic of Sri Lanka have exclusive jurisdiction and you and GlobalValley agree to submit to the personal jurisdiction of such courts.

 

1.19 Privacy

 

  • Our collection of data and information via the Services from Users and others is subject to our Privacy Policy
  • You understand that through your use of the Services that you consent to the collection and use (as set forth in the Privacy Policy) of such data and information.

 

1.20 Security

  • We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.