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TERMS AND CONDITIONS

As a User, you must not encourage, propose, recommend, impose to carry out communications outside of the Sewport platform by providing your email address, company website, other websites or links or files with the intent to pass over your contact information or other ways to pass on your contact details to attempt such actions. These actions will be considered as a violation of the Terms and Conditions and may result into but not limited to the restriction of your User account. Please consider and read on the full Terms and Conditions as set forth below.
Effective date: 20.05.2018
1. GENERAL PROVISIONS AND DEFINITIONS
1.1. Sewport Ltd (a company registered in the United Kingdom, Registration Nr. 09512194, having registered address at 21 Ellis street, London, SW1X 9AL, United Kingdom), hereinafter referred as- Sewport. Sewport VAT Nr.GB224265918.

1.2. Sewport provides online Platform wwww.sewport.com / https://sewport.com, for Users to exchange information about products and services they offer or require, to identify and determine the products and services Users provide and/or require and to order, offer, propose, place, accept, conclude, manage and fulfil orders for the provision of services/products and to establish bilateral relationships/enter into bilateral “User to User Agreements” on provision of services /products.

1.3. These Terms and Conditions, Additional Agreements, their changes, updates and amendments constitute the entire legally binding agreement between You, as the User, and Sewport and govern Your use of the Website and Platform and its services.

1.4. Sewport and the User are independent contractors, and no agency, partnership, joint venture, employment or franchising relationship is intended or created by these Terms and Conditions, Additional Agreements, their changes, updates and amendments.

1.5. The titles and Definitions of the Terms and Conditions are for convenience, facilitation and ease of reference only and shall not be used in any way to construe or interpret the Terms and Conditions, Additional Agreements, their changes, updates and amendments.

1.6. Each covenant and agreement in the Terms and Conditions, Additional Agreements, their changes, updates and amendments shall be construed for all purposes to be a separate and independent covenant and agreement.

1.7. If a court of competent jurisdiction or any other authority holds any term, condition or provision (or part of term, condition or provision) of the Terms and Conditions, Additional Agreements, their changes, updates and amendments to be illegal, invalid, or otherwise unenforceable, or any term, condition or provision (or part of term, condition or provision) of the Terms and Conditions, Additional Agreements, their changes, updates and amendments becomes illegal, invalid, or otherwise unenforceable due to the changes or amendments in applicable law, the remaining provisions (or portion of term, condition or provision) of the Terms and Conditions Additional Agreements, their changes, updates and amendments shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

1.8. in addition to the definitions, set forth in other sections of these Terms and Conditions, Additional Agreements, and their changes, amendments or updates, such definitions are used in all the documents, mentioned above:

1) “Website” – means www.sewport.com / https://sewport.com and/or any of its sub-domains or syntax analogues.
2) “Platform” - means www.sewport.com / https://sewport.com and/or any of its sub-domains or syntax analogues and the tools and functions provided by the Website to manage information or interact with other Users of the Website, according to these Terms and Conditions, Additional agreements, their changes, updates and amendments.
3) “User”, “You”, “Your” - means any person, individual or legal entity, visiting and using the Website, Platform, their services and/or any of their subdomains.
4) “Customer” - means any registered User using the Website, to seek and receive products (services) offered by the Manufacturers on the basis of design or idea/vision of a product/service, worked out by the Customer, and having the ability to choose between different products, services and Manufacturers. By the means of a Platform, Customer as an author (designer) of idea, vision and/or product’s design, also referred to as a- “Brand”.
5) “Manufacturer” - means registered User using the Website to offer, discuss, render and sell free or paid services and products to Customers and other Users.
6) “Additional Agreement” – means special terms, conditions and rules, Users may by subjected to, for use of the particular Platform tools or and services.
7) “User to User Agreement” – means an agreement between Manufacturer and Customer on price, performance, provision and receipt of Manufacturers’ services.
8) “Confidential Information” - means all private, business or technical information of Sewport and/or User, whether it is received, accessed or viewed by other Users in writing, visually, electronically or in any other way. Confidential Information includes, without limitation, individual identification and sensitive data, intellectual property, technical information, marketing and business plans, databases, prices, quotations, quotes, specifications, formulations, tooling, prototypes, sketches, models, drawings, specifications, procurement requirements, engineering information, samples, computer software (source and object codes), forecasts, identity of or details about actual or potential Customers or projects, techniques, inventions, discoveries, know-how and trade secrets. "Confidential Information" also includes all such business or technical information of any third party that is in the possession of Sewport or/and User. Notwithstanding the foregoing, any information disclosed by the User will be considered Confidential Information, only if such information is conspicuously designated as "Confidential" or "Proprietary" or would reasonably be regarded as being of a confidential nature, or if provided visually, is identified as confidential at the time of disclosure, or would reasonably be regarded as being of a confidential nature.
9) “User Content” - means any information, text, images, video, visual data, posts, comments, revisions, or other information that User provide, post, send, submit, display, distribute, disclose or any other way use and report to Platform or/and Website.
10) “Intellectual Property Rights” - means all rights granted to the creators and authors of intellectual property, industrial property, including, but not limited to inventions (patents), trademarks, industrial designs, new varieties of plants and geographic indications of origin, copyrights, including, but not limited to original literary and artistic works, designs, music, software, databases, logos etc, and commercial strategies, including, but not limited to trade secrets, know-how, confidentiality agreements, or rapid production. Sewport declares zero tolerance policy towards Users that violate the Intellectual Property Rights. Any unauthorized copying, publication, reproduction or distribution of Third Party Intellectual Property is prohibited and is the subject of Users liability, as set in these Terms and Conditions, applicable law and legal acts. 11) “Service Fee” - means a payment User should pay to Sewport for use of Platform according to these Terms and Conditions, Additional Agreements, or their changes, amendments or updates. These fees may include and named as but not excluding Commission Fees, Servicing Fees or other fees applicable. All Service fees payments are NON-REFUNDABLE.
12) “Payment Method” - means a valid payment (Credit/Debit) card issued by a bank, or other financial institution, who is authorized to issue payment cards and is acceptable to Sewport, User’s bank account linked to User Account or another method of payment, Sewport may accept in written from time to time in its sole discretion.
13) “Sewport Payment System” – is Sewport designated payment system provided by third party, hereinafter “Sewport Payment System” provider, such as “TransferWise”, “Stripe”, “PayPal”, “Payoneer”, connected to the Platform, and used for Users to make payments within “Users to User Agreements” and to pay Sewport Service and Commission fees, and wherein Sewport receives, holds and transfers Users payments, deducting/charging the Service fees and commissions applicable to Users according to these Terms and Conditions, Additional Agreements, their changes, updates and amendments.
2. INTELLECTUAL PROPERTY OF SEWPORT
2.1. Sewport is the sole owner or lawful licensee of all the rights and interests in the Website, Platform and their services. The Website, the Platform and their content and other Sewport intellectual property rights are protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website and its Content shall remain with Sewport whatever the any and all circumstances. All rights are hereby reserved.

2.2. Sewport and related images, visual, media, audio textual and other data, icons, marks and logos are registered trademarks/service marks of Sewport and are protected under the applicable intellectual property right, including, without limitation, copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of Sewport’s’ images, visual, media, audio textual and other data, icons, marks and logos is strictly prohibited.

2.3. Sewport may have independent third parties involved in the provision of the Platform Services (for example, the “Sewport Payment System” providers). The User may not use any trademark, service mark or logo of such independent third parties without prior written approval/accept from such parties.
3. ACCEPTANCE OF THESE TERMS AND CONDITIONS, ADDITIONAL AGREEMENTS AND THEIR CHANGES, AMENDMENTS AND UPDATES
3.1. The Terms and Conditions, Additional Agreements and their changes, amendments and updates constitute the entire agreement between the User and Sewport and supersede any and all preceding and contemporaneous oral or written agreements between User and Sewport.

3.2. When using particular Platform services and/or when belonging to a certain and particular category of Users or/and in other cases, defined in these Terms and Conditions, User shall be subject to Additional Agreements, specific guidelines or rules, that are posted on the Website (“Additional Agreements”), related to such specific Platform services/ or/and category of Users/ or and cases, defined in these Terms and Conditions. In case of any conflict or inconsistency between Terms and Conditions and Additional Agreement, the Additional Agreement shall take precedence over the Terms and Conditions only in relation to the Platform Service and/or Category of Users and/or case, defined in these Terms and Conditions, concerned.

3.3. Additional agreements, are in force on the date they are published on the Website. Additional agreements are dated, and the date or the Additional agreements are displayed at the beginning of such document as an “Effective Date”.

3.4. Users- Manufacturers are subjected to “Additional Agreement for Manufacturers”.

3.5. Sewport reserves the right to change, amend or update Terms and Conditions and Additional Agreements, at any time, with or without prior notification to Users, by posting information about changes and amendments on the Website. The prior notification is not applied to changes, updates and/or amendments, concerning the additional functions and services of Platform, or other changes, amendments and updates, which, by the reasonable opinion of Sewport, does not reduce rights and/or increase the liabilities of Users. Such changes, updates and amendments will take effect immediately, without prior notification to Users.

3.6. Changes, amendments and updates are in force on the date they are published on the Website. Changes, amendments and updates are dated, and the date or the Terms and Conditions and /or Additional Agreement is displayed at the beginning of such document as an “Effective Date”.

3.7. By accessing or using the Website and Platform, whether or not You become a registered User, You signify Your unconditional agreement with and utter understanding of the Terms and Conditions, Additional Agreements and any other legal information related to Platform, Website, any content and information on it. You acknowledge that You have read, understood and irrevocably accepted all the regulations mentioned in this Article. You signify and confirm Your agreement with and understanding of these Terms and Conditions, Additional Agreements, their changes, amendments and updates, by clicking “I have read and agree to the [“Additional Agreement” or other regulation name]” check-box during the Sign-Up process.

3.8. If You do not agree to the Terms and Conditions, Additional Agreements, or their changes, amendments or updates, You must stop the use of the Website and Platform immediately. Continued use of the Website and Platform shall clearly mean Users acceptance of the Terms and Conditions, Additional Agreements and/or their changes, amendments or updates.

3.9. These Terms and Conditions, Additional Agreements and their changes, amendments and updates are made in English language, which will be controlling language in all respects. All regulations in any other language, if provided, are and will be for convenience, facilitation and ease of understanding only. In case of any conflict or inconsistency between English and other language version of the Terms and Conditions, Additional Agreements and their changes, amendments and updates, the English version shall prevail.

3.10. Insufficient English language knowledge or lack of proficiency should not excuse or absolve the violation of Your liabilities. By accepting the Terms and Conditions, Additional Agreements, their changes, updates and amendments and using the Website, You confirm and acknowledge that all Terms and Conditions, Additional Agreements, their changes, amendments and updates, are comprehensible and accomplishable.
4. THE PLATFORM AND WEBSITE. SEWPORT SERVICES, RIGHTS AND OBLIGATIONS
4.1. Sewport provides online web-based online Platform www.sewport.com / https://sewport.com for Users to exchange information about services and products they offer and require, that is to:

1) identify and determine the products and services Users provide, offer, require and/or order;
2) to connect Manufacturers with potential Customers, through Manufacturers profiles (User Profile), and Manufacturers catalogues of products, services or know-how;
3) to connect Customers with potential Manufacturers, through Customers publications of ideas, developed design project and other know- how;
4) to place, accept, conclude, manage and perform orders for the provision of services/products and to establish bilateral relationships/enter into bilateral “User to User Agreement” on provision of services /products.

4.2. The Platform is an online web-based tool for Users- individuals, legal entities, brands or fashion freelance specialists, who provide their services, communication and project management, in order to fulfil any stage of creation of products, starting from an idea or visualization to manufacturing of the final product.

4.3. As a Customer, User may search the appropriate services of Manufacturers, post Customers design projects (any development stage – from idea to completely crafted design), discuss and accept Manufacturers offers and services, discuss and accept the “User to User Agreement” terms with the Manufacturer and make payments according to “User to User Agreement”.

4.4. As a Manufacturer, User may post information on services provided, Manufacturers company and production catalogues, view and discuss the orders with Customers, offer services to Customers, discuss and accept the “User to User Agreement” terms with the Customer and get payments according to “User to User Agreement”.

4.5. The Platform services are available only to Users who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18.

4.6. Users are not permitted and shall not access and use the Platform and Website by other means than provided by the Platform and Website, and must not use any information provided on the Website or gained from other Users for any purposes other than defined in Terms and Conditions, Additional Agreements and/or their changes, amendments or updates.

4.7. The risk assessment and the choice of the User-business partner (Customer or Manufacturer), and/or of the products and services, and/or of the terms and conditions of “User to User Agreement”, is the Your sole decision and Your sole responsibility. You hereby confirm that You are duly warned and informed that You may be at risk of dealing with persons acting in bad faith, malicious intense, fallacy, delusion, or fraud. Sewport cannot and is not liable or responsible for confirming and validating each Users identity, and for lawfulness, accuracy, correctness, validity, reliability, completeness or up-to-dateness of any information provided by Users.

4.8. Sewport is not the owner, holder or distributor of any products or services created or rendered by the Users of the Platform. Sewport does not represent either the Manufacturer or Customer in specific Users transactions (“User to User Agreements”). Sewport does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered by Users on the Website or the ability of the Users to complete an order, Proposal and/or payments.

4.9. Sewport not responsible for any violation of “User to User Agreement”, including, but not limited with unsatisfactory quality, defects, delays, wrong calculations, violation of warranty, and any violation of copyright, intellectual property etc. Users are solely responsible for any of such violations.

4.10. Sewport does not introduce Users to each other and does not participate in securing any “User to User Agreement”, but merely acts as a tool for communication between Users, provided by the Website and the Platform.

4.11. Sewport in its sole discretion may develop and provide Website and Platform updates, upgrades, bug fixes or patches or error corrections. Such changes may result in modification or deletion of certain features, data or functionality. With any of such changes and updates Sewport does not guarantee to maintain, keep or update particular functions or functionality of the Website and the Platform. Sewport reserves the right to update, remove, suspend of discontinue provision of its services and provision of availability to the Website without notice. You agree that Sewport will not be held liable for any of such cases and their results.

4.12. In case of technical glitches, disruption of Platform service or any other cases where normal use of the Platform is not possible, for whatever reasons, Sewport is not and will not be liable for any financial, physical of moral losses of User, and any and all other direct, indirect, exemplary, punitive, incidental or consequential, actual and/or special damages or any damages whatsoever and other deleterious consequences arising as a result of such cases, including, without limitation, cases, where and when commonplace and normal communication via Platform is not possible or Platform communication services are not available. Sewport is also not liable and responsible for any and all direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever and other deleterious consequences in case if Users proposal, order, “User to User Agreements” or payment is not accomplished due to any Platform service disruption.

4.13. Sewport is not obliged, but have the full right and power to assist and consult in resolving of any User to User disputes. Upon receipt of a dispute, Sewport has the right to request Users involved in the dispute to provide supporting documents. You agree that Sewport have the absolute discretion to reject or receive any supporting document. Sewport is not and will not be in anyway considered liable for any direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever or results that arises if documents provided within dispute are not true, accurate, up to date complete and lawful. You also acknowledge Your understanding and agreement, that Sewport is not a judicial or arbitration institution and will make the determinations, decisions and assistance only as an ordinary non-professional person. If You involve Sewport to settle down any dispute with other User, Sewport is not and will not be liable for any special, direct, indirect, exemplary, punitive, incidental or consequential damages or any damages whatsoever, including, but not limited to loss of profit, which may arise in connection to any opinion, decision, assistance etc., given to You by Sewport. In case another User, involved in dispute does not agree to submit the dispute to Sewport, Sewport may refuse to assist in resolving of the dispute, retaining the rights to apply penalties, preventive, exemplary, and punitive actions, and disciplinary sanctions, set forth in these Terms in Conditions, in case if the subject of the dispute is the violation of legal acts, these Terms and Conditions, Additional Agreements, their amendments, updates and changes.

4.14. No information or advice provided by Sewport and its representatives, including, without limitation Sewport’s directors, members of the board, actioners, shareholders, officers, employees, agents, authorized persons and (sub) contractors, whether directly or indirectly, will constitute personal, legal or financial advice or create a warranty, condition or representation of any kind with respect to this Website or the Platform or its services found at this Website. You should consult an appropriate professional for specific advice Your situation or problem.

4.15. Sewport may, in certain cases, when required by law/legal acts, or at its own discretion, for example, if having reasonable doubt about Your identity and legal capacity, or about Your eligibility and competence to use any or all of Your User Content, ask You to provide Sewport with certain documentation and information, in order to validate Your User Account and to identify You. Sewport may request the submission of such documents:

4.16. For Users -Individuals:

1) A colour copy of Your photo identification document: Passport, Driving License or National Identification Card (ID Card) (photographic), which must have at least three months validity - for Personal identification;
2) Utility Bill (less than 3 months old) or copy of Bank Statement - (less than 3 months old)- for address verification.

4.17. For Users - Legal Entities:

1) Copy of the Certificate of Incorporation;
2) Directors or member of the board or any other legal representative personal identification and address verification documents, as set for the Users- Individuals;
3) Company Bank Statement (less than 3 months old).

4.18. Address verification documents, which are addressed to a PO Box number are unacceptable for validation;

4.19. The documents mentioned in Articles 4.16. and 4.17. must be clear and legible.

4.20. The documents mentioned above must be send to [email protected] scanned in JPEG or GIF file formats only, with a maximum size of 10MB per email.

4.21. You should not send to Sewport the originals of the documents, and Sewport shall not be liable for any and all direct, indirect, exemplary, punitive, incidental or consequential, actual, special, damages or any damages whatsoever or results arising from Your failure to comply with the provision of this Article.

4.21.1 If Sewport requested documents set forth in Articles 4.16-4.21 and these documents were not submitted according to Article 4.20 Sewport may hold Customers payments or not withdraw payments to until such documents are provided.
Still in special cases, when required by law/legal acts or governmental authorities, banks, financial institution, and other authorized persons, Sewport may ask and You must provide Sewport with document originals or notarized, apostilled or publicly certified copies (excluding identification documents or documents, which contains publicly available information (for example, incorporation data). 4.22. You must provide Sewport with any other identification and verification documentation at any time and at any demand of Sewport.

4.23. Sewport may at any time and in its reasonable discretion, impose limitations on, suspend or terminate Your User Account and use of the Platform or the Website without being liable to You for damages and results, in case of Your failure to comply with the requirements of Articles 4.15.- 4.22.

4.24. Sewport protects the privacy of Your and other User personal data and information. You should read Sewport Privacy Policy and Cookies Policy, which determines Sewport policies and procedures regarding the collection, use and disclosure of personal information received from Users of the Platform and Website and/or collected via the Website, Platform and its tools and services. By using this Website and the Platform, You unconditionally agree to the processing, regulations and rules described therein and You warrant that all data provided by You is true, complete, accurate and up-to- date. You are responsible for maintaining and promptly updating User Account and User Profile information.

4.25. However, Sewport reserves the right to cooperate fully with governmental authorities and other authorized persons in the investigation of any suspected criminal, administrative or civil wrongdoing. Further, Sewport may disclose Your identity and contact information, if provided by law/legal acts, requested by a state, governmental institutions, law enforcement body, court or other authorized institution or organization. Sewport shall not be liable for any and all direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever, or results arising from such information disclosure, and User agrees not to bring any action or claim against Sewport for such disclosure.

4.26. Sewport will report any Users violation or other activity, which Sewport reasonably believes is illegal and/or contains indications of criminal or administrative liability and/or is aimed to committing a crime/offense, etc. to the relevant law enforcement authorities or courts and disclose Users identity to them. Sewport shall not be liable for any and all direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever, or results arising from such information disclosure, and User agrees not to bring any action or claim against Sewport for such disclosure.
5. SERVICE FEES
5.1. In consideration of the Platform services provided by Sewport, Users shall pay Sewport Service fees, according to the rates and terms listed in Additional Agreements and Terms and Conditions.

5.2. Sewport reserves the right to change the terms related to the rates and application of Service Fees.

5.3. All Service fees payments are NON-REFUNDABLE. Service fees include all state, and/or other governmental sales, goods and services, value-added, harmonized or other taxes, fees or charges applied to Sewport.

5.4. In addition to Service fees, the Users - Manufacturers may be required to pay Sewport a Commission fee, according to terms and conditions of the “Additional Agreement for Manufacturers”.

5.5. As a Customer, You confirm and agree to pay Sewport ESCROW handling fees, according to the rates and terms listed below.

5.5.1. The ESCROW handling fee is calculated as a percentage amount of the NET amount from a Proposal, accepted by both You as a Customer and proposed by a Manufacturer (“User to User Agreement”) and is a Total Net Price, according to the rates, mentioned below:

“User to User Agreement” Total Net Price
ESCROW handling fee
From 0,6 GBP to 5,99 GBP
50 %
From 6 GBP to 99,99 GBP
12 %
From 100 GBP to 299,99 GBP
10 %
From 300 GBP to 499,99 GBP
8 %
From 500 GBP to 2999,99 GBP
6 %
From 3000 GBP to 9999,99 GBP
4 %
From 10000 GBP to 49999,99 GBP
3 %
From 50000 GBP to 99999,99 GBP
2 % (bank transfer only)
From 100000 GBP and more
1 % (bank transfer only)


5.5.2. The applicable ESCROW handling fee will be shown as a separate line in the Customers window of the Proposal form and will be calculated automatically, based on a Total Net price. PLEASE note, that the ESCROW handling fee is and should be paid solely by You as a Customer. It is an added fee to Your Proposal. Additionally, the same applicable ESCROW handling fee will be also shown in the User Invoice to the proposal generated in the case such a Proposal is accepted by the Customer.

5.5.3. You, as a Customer agree, that any and all amount paid within and/or on regard of use of the Platform, is considered to be the amount, paid within “User to User Agreement” and Sewport will deduct/charge ESCROW handling fee from any amount, the Customer pays to a Manufacturer via Sewport Payment System.

5.5.4. You as a User, regardless Customer or Manufacturer irrevocably, perpetually and unconditionally agree and authorize Sewport to charge applicable Service and ESCROW handling fees from any payment amount, a User transfers using Sewport Payment System. Irresistibly from this authorization, You as the Customer are responsible and liable for the full and timely payment of Service, ESCROW handling fees or any other debt or amount You owe to Sewport.

5.5.5. In any case, excluding if You prove the contrary by submitting the Sewport legal, objective and written evidence, Sewport will consider that the final Total Net price of Your “User to User Agreement” is the largest amount from listed below – The Total Net price of “User to User Agreement” or the amount (excluding VAT proportionally to the VAT rate in Your Proposal), you paid to a Manufacturer via the Platform and/or Sewport Payment System.

5.5.6. All ESCROW handling fee payments are NON-REFUNDABLE, including, but not limited to the cases, where and when the Customer uses “return rights”, and/or where and when the “User to User Agreement” is completely, totally or partially terminated, cancelled, revoked, expired or ceased to be valid/in force, regardless of the reason for such termination, revocation, expiration or loss of power /validity.

5.5.7. Sewport reserves the right to change the terms related to the rates and application of ESCROW handling fees.

5.5.8. ESCROW handling fees will include VAT and all other state, and/or other governmental taxes, commissions, charges and fees, applicable to Sewport.

5.5.9. Within 5 business days of ESCROW handling fees is applied and charged from Users payment amount, Sewport will issue You the appropriate invoice on ESCROW handling fees by sending it to e-mail, indicated in Your User Profile.

5.5.10. By using the Platform, You irrevocably and unconditionally accept the rates and the terms of application of ESCROW handling fees, and grant Sewport irrevocable, unconditional permission and authorization to deduct/charge a Commission fee from any amount paid by You via Platform and Sewport Payment System.

5.6. By using the Platform and the Website, You acknowledge and warrant, that in case, if amount received to the Sewport payment system is smaller than the Total Net price defined in the Invoice or “User to User Agreement” (Proposal, accepted by the Customer), or in case of unilateral or bilateral violation of payment terms, defined in Terms and Conditions by You and/or the Manufacturer, You are responsible and liable for covering and paying any difference between the final (article 5.5. ) and actually charged ESCROW handling fee or any amount outstanding.

5.7. Once an Invoice is raised and paid by the Customer, Sewport not later than within 5 (five) Banking days, charges an ESCROW handling fee from that payment amount, and transfers the remainder of the payment to the Manufacturer. In case the Manufacturer did not receive the payment amount within 5 (five) banking days from the day, a Customer has made the payment, please inform Sewport support team by e-mail [email protected].

5.8. You agree and authorize Sewport to charge applicable Service fees, Commission fees or ESCROW handling fees from any payment amount, You transfer via “Sewport Payment System”. Irresistibly from the authorization mentioned above, You are responsible and liable for the full and timely payment of Service, Commission fees, ESCROW handling fees or any other debt or amount You owe to Sewport.
6. CONTACTS AND CORRESPONDENCE
6.1. In case of any question or confusion about the usage of a Platform and Website, please do not hesitate to contact Sewport support team by e-mail [email protected].

6.2. All notices to Sewport, intended to have a legal effect, must be in writing and delivered either in person or in writing to the e-mail to [email protected] or to the following address Sewport Ltd, 21 Ellis street, London, SW1X 9AL, United Kingdom, against receipt mark and signature, made by official representative or designated employee of Sewport. All such notices are deemed effective upon receipt by Sewport. Sewport reviews and answers to such correspondence within 60 days of receipt.

6.3. Sewport does not accept any legal process, Claim, objections on the dispute resolving procedure defined in these Terms and Conditions, pre-arbitration procedure, or enquiry by email or mail; all such correspondence should occur by hand delivery to the following address Sewport Ltd, 21 Ellis street, London, SW1X 9AL, United Kingdom against receipt mark and signature, made by official representative or designated employee of Sewport. Sewport reviews and answers to such correspondence within 60days of receipt, except if other terms are defined in these Terms and Conditions, Additional Agreements, their changes, amendments and updates.

6.4. In case You need assistance advice regarding a dispute arising with another User, please submit Your dispute in writing to Sewport Ltd, 21 Ellis street, London, SW1X 9AL, United Kingdom, according to Article 4.13. of these Terms and Conditions. Sewport reviews and answers (submits opinion, decision or advice) to such dispute within 60 days of receipt of all the documents concerning the Dispute, that Sewport required.
7. USER ACCOUNT
7.1. To use the Platform and its services, You should register the User Account, that is: to fill in and complete a registration form and provide information required in User Profile. You should provide true, accurate, up to date and complete information, as requested in the registration form, and should regularly update the information to keep it current. As part of the registration process, You should identify an email address (which will be used as Your Login) and Password. In order to make and receive payments via “Sewport Payment System”, You must provide at least one valid Payment method and Bank account in European Union, United States of America or Australia. You are responsible for maintaining the security of User account, User Profile Login, Password and User Content, and for any activities occurring from Your User Account or on behalf of You, as registered or not registered User. Sewport reserves the right to refuse registration or cancel any User Account if it deems inappropriate.

7.2. You may access the Platform through User Account by entering Login and Password. You are solely responsible for maintaining the confidentiality of Your Login and Password and for all activities that occur under Your Login and Password. Login and Password are unique to a single User account and You shall not share, assign or permit the use of Your Account, Login or Password to another person.

7.3. User must register for a separate single User Account and has the right to use Platform as an individual/private person, company or any other legal entity. Each User Account must be personal to the extent that it is operated and used by a specific identifiable person.

7.4. You may not share User Account with other persons, or allow multiple /various Users to use Your User Account. You hereby agree that Sewport shall not be liable for any direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever arising from the Your failure to comply with this paragraph.

7.5. You have to notify Sewport immediately of any unauthorized use of Your User Account, Login or Password or any other violation of Your security.

7.6. You unconditionally agree, that all activities (including, but no limited to activities that directly or indirectly affined to accepting Terms and Conditions, Additional Agreements, their changes, amendments and updates, making offers, orders, proposals, payments, posting, submitting or displaying any of User Content) that occur under Your User Account will be deemed to have been performed wittingly, directly and by You. You are purely and solely responsible for activities that arise from Your User Account, unless these activities are in result of Events of Force Majeure.

7.7. You should not use or attempt to use other person User Account, registration information, password or other information, unless you have express permission from that other person.

7.8. You can terminate Your User Account at any time by clicking the "Delete Account" button in Your Account Settings, and following the instructions. For more information, please do not hesitate to contact Sewport support team by e-mail [email protected]. Please note, that the termination of Your User Account will not exempt You from the liability for any and all Your activities, and from the obligation to pay any fee and indemnify any damages to Sewport, which arise before the termination of Your User Account, whatever the causes and initiator of Users Account termination are. Sewport rights to terminate Your User Account are set forth in these Terms and Conditions.
8. USER WARRANTIES AND GENERAL OBLIGATIONS
In addition to the obligations and warranties of User, set forth in other sections of these Terms and Conditions, Additional Agreements and their amendments, changes and updates, You have the following responsibilities and obligations:

8.1. By posting or displaying any User Content on the Website or providing any User Content to Sewport, You grant to Sewport a worldwide, perpetual, irrevocable, royalty-free license, with unlimited sublicense rights to use this information for promotion of Sewport, including without limitation, the rights to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may promote the Platform, Website and Sewport. You confirm and warrant to Sewport that You have all the rights, power and authority necessary to grant the above license.

8.2. You authorize Sewport to receive and to transfer to payee payments from/to other Users on Your behalf, via “Sewport Payment System”.

8.3. You authorize Sewport to charge applicable Service, ESCROW handling fees and Commission fees, set forth in these Terms and Conditions, Additional agreements, their amendments, updates and changes, and other debts, and amount You owe to Sewport, from any payment amount, You transfer or receive via “Sewport Payment System”.

8.4. You authorize Sewport and “Sewport Payment System” provider to collect, operate, check, store and process Your credit card and other Payment method data and information. Please note, that this information is NOT and will NOT be stored on Sewport servers. This information is stored on the “Sewport Payment System” provider servers, who’s security measures comply with all necessary EU regulations relevant to operating, storing and processing such information.

8.5. You confirm, acknowledge, represent and warrant that You, Your representatives, actioners, shareholders, directors, officers, controlling parties, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not subjected to any economic or fraud sanctions of any governmental, international or regulatory authority, are not limited or economically barred by any global or local sanctions or operating in violation of international trade regulations or trade sanctions.

8.6. You confirm, acknowledge, represent and warrant that You are not a scraper or any other automated tool for collecting or analysing information.

8.7. You confirm, acknowledge, represent and warrant that any material downloaded or otherwise obtained through the Platform and/or Website is done at Your sole discretion and risk and You are solely responsible for any damage to Platform, it tools, Sewport system, “Sewport Payment System”, other User computer systems, loss of Your, Sewport’s, other User data, that may result from the download of any such material.

8.8. You confirm, acknowledge, represent and warrant that You are solely responsible for protection and possible disclosure of Your confidential and sensitive information. Any publication, sharing with or disclosure to other Users or persons of such information while using the Platform and the Website, or while communicating with other Users/persons, is done at Your sole discretion and risk. You assume the risks of violation of Your confidential and sensitive information by other Users, if and when You are sharing this information during communication or other way making this information publicly available. Sewport is not liable for any leaks or disclosures of confidential, sensitive information during the use of the Website or the Platform.

8.9. You must create, maintain and keep Your communication records with other Users, documents and information gained, sent, received and shared within communication with other Users, “Additional User to User Agreements” (Article 11.2.) on special terms and provisions (including, but not limited to, provisions of return rights, warranty services, delivery terms, insurance, licenses, permits, handling, transportation and storage of products and services), payments information and tax returns and declarations and tax-payment proofs. Upon request from Sewport, the User must provide such records to Sewport without delay.

8.10. In order for Sewport to retain any records and provide them to You electronically, You must provide Sewport with a valid email address and must have access to a computer or other device with an existing internet connection and valid operating system and software that is able to process documents in “.pdf”, “.doc” and “.docx” file formats.

8.11. You confirm that any rating or review You post, submit in Your or other User Profile is true, unbiased and related to actual dealings with the reviewed or rated User. In case You have rated or reviewed a User that has not dealt with You, or the information provided cannot be verified or is undoubtfully false, Sewport retains the right to edit or remove any of such reviews or rating without prior notification to You.

8.12. Sewport does not investigate and is not responsible for any comments, posts, remarks, reviews or any other information posted by Users but may do so in cases requested by Users or when Sewport may deem necessary or appropriate in its sole discretion. Sewport is not responsible for harmful, hateful, misleading or incorrect comments, posts, remarks, reviews or any other information, and emotional, physical or financial harm, direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever or results, arising from such comments, posts, remarks, reviews or any other information.

8.13. You confirm, acknowledge, represent, agree and warrant that Sewport may, through Your use of the Platform, collect information about You, Your User profile and its data, Your business, and Your “User to User Agreements”, including but not limited to Your credit information, business information, personal information, and financial information. Sewport reserves the right to use such information for the purposes set in these Terms and Conditions, and according to Sewport’s’ Privacy and Cookies Policy.

8.14. As User, You confirm, acknowledge, represent, agree and warrant that YOU HAVE AND WILL HAVE FULL POWER AND AUTHORITY:

1) to provide Sewport and “Sewport Payment System” provider with Your payment information, credit card and/or other Payment method data and information;
2) to authorize Sewport and “Sewport Payment System” provider to collect, operate, check, store and process Your credit card and other Payment method data and information;
3) to use Your payment card or other Payment method and the bank or other financial institution account and funds founded on or connected to it;
4) to authorize Sewport to charge applicable Service, ESCROW handling fees and Commission fees from any payment amount, You transfer via “Sewport Payment System”.
5) to authorize Sewport to receive and to transfer to payee payments from/to other Users on Your behalf, via “Sewport Payment System”.
6) and/or ownership of the funds and/or payment amount, transferred via “Sewport Payment System”;
7) to accept these Terms and Conditions, Additional Agreements, their changes, amendments and updates, Sewport Privacy and Cookies policy;
8) to grant Sewport a worldwide, perpetual, irrevocable, royalty-free license, with unlimited sublicense rights to use Your User Content according to the terms, set forth in this section of Terms and Conditions;
9) to grant to Sewport all the other licenses and authorizations, as provided in these Terms and Conditions, Additional Agreements, their changes, amendments and updates, and to perform any and all the obligations set forth in these Terms and Conditions, Additional Agreements, their changes, updates and amendments;

8.15. As User, You confirm, acknowledge, represent, agree and warrant that YOU SHOULD AND WILL:

1) use the Platform, carry any activities on Platform and Website only in compliance with these Terms and Conditions, Additional Agreements, their changes, amendments and updates, Sewport Privacy and Cookies policy and all applicable laws/legal acts (including but not limited to policies and laws related to data, Customer right, intellectual property right and other civil right protection, policies and laws regulating civil and commercial deeds, policies and laws related to data spamming, privacy, obscenity, or defamation);
2) Conduct any communication with other Users about services and products required and/or provided only via the communication tools (chat, Proposal forms) provided by the Platform;
3) Conduct “User to User Agreements” in good faith and according to these Terms and Conditions, Additional Agreements, their changes, amendments and updates, and applicable law/legal acts (including but not limited to policies and laws related to data, customer and consumer right, intellectual property right and other civil right protection, policies and laws regulating civil and commercial deeds, policies and laws related to data spamming, privacy, obscenity, or defamation);
4) be solely responsible for payment of VAT and all and any other taxes, fees, charges, duties or other governmental, state and/or other obligatory fees and charges and taxes, which are or may be charged or applied to You, as to Manufacturer or Customer, in connection to “User to User Agreement”, Your services and Your payments;
5) Conduct “User to User Agreements” on Your own risk and responsibility, and resolve any dispute arising between You and other User in connection to the terms, conditions, violation or improper performance of “User to User Agreement”, including, but not limited to unsatisfactory quality, defects, delivery and/or payment delays, wrong calculations, violation of warranty, and any violation of copyright, intellectual property etc.;
6) NOT use the Platform and Website by other means than provided by the Platform and Website and/or defined in these Terms and Conditions, Additional Agreements, their changes, amendments and updates;
7) NOT use any information provided on the Website or gained from Users for any purposes other than defined in Terms and Conditions, Additional Agreements, their changes, amendments and updates;
8) Protect and NOT disclose to third parties, except if legally required by a state, governmental institutions, law enforcement body, court or other authorized institution or organization, any and all Sewport and/or other User confidential and sensitive information, without the written consent of the owner of such information;
9) Use the Website and the Platform at Your own risk understanding and accepting that Website, Platform and the services found at this Website are provided "as is", "as available" and "with all faults";
10) NOT copy the code, not adapt, not reverse engineer, not decompile or not attempt to modify or copy the source code of the Website and Platform unless permitted by Sewport. Any such attempts without written permission of Sewport will be considered a violation of intellectual property right and might result in prosecution;
11) cooperate and promptly provide Sewport with required documentation, including, but not limited with copies of tax returns and declarations or other documentation that may be reasonably requested by authorities to perform such audits or checks in relation with Your engagements and services rendered via Platform, in the event of any governmental or institutional check or audit;
12) be solely responsible for obtaining all necessary third-party licenses and permissions regarding any User Content that You provide, post, send, submit, display, distribute, disclose or any other way use and report;
13) NOT be subjected to any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction;
14) Be solely responsible for the legality, fitness, compliance with Your demands and requirements, validity, accuracy, correctness, reliability, quality, stability, completeness or up-to-dateness of all the terms and provisions of “User to User Agreements”, You have conducted on with other User, through or as a result of use of the Platform and Website, including, but not limited with, prices, payment terms, returns, warranties, deliveries, insurance, fees, taxes, licenses, fines, permits, handling, transportation and storage;
15) NOT commit or encourage a criminal, administrative offence or other unlawful activities or wrongdoings, including, but not limited with causing annoyance to or defraud other Users, Sewport and any other person;
16) NOT engage, participate in or perform such actions as: spamming, distributing of unsolicited email, unsolicited advertisement and promotional information (including information of your own or other websites), transmitting or distributing a virus or other technologically harmful, destructive, malicious, spying, offensive or obscene material, programs and/or codes, harmful agent or mechanism, that is designed to disrupt functionality, harm, disable or collect information, or post any other material which is malicious, technologically harmful, or in any way offensive or obscene; attempting to affect the performance or functionality of any Platform facilities of or accessed through this Website;
17) NOT hack into any aspect of the Platform and Website, not extract, copy, reproduce, exploit or expropriate Platform various proprietary directories, databases and listings corrupt data, use any systems or software to extract data from Website for any purposes;
18) NOT frame or link to the Website unless permitted in written by Sewport;
19) NOT violate other person personal and proprietary rights;
20) Inform Sewport immediately about other Users violation of these Terms and Conditions, Additional Agreements, or their changes, amendments or updates, or law/legal acts, including but not limited to policies and laws related to data protection, consumer rights, intellectual property rights and other personal and proprietary right protection, policies and laws regulating civil and commercial deeds, policies and laws related to data spamming, privacy, obscenity or defamation. In case You fail to comply with this obligation, You may be considered and may by liable as accomplice of such a violation;
21) Indemnify and hold harmless Sewport and its representatives, including, but not limited to Sewport’ directors, members of the board, actioners, shareholders, officers, employees, agents, authorized persons and subcontractors, against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorney’s fees) in connection with any claim or action or direct, indirect, punitive, incidental or consequential, actual, special damages or any other damages, that arises from:

a) and in connection with “User to User Agreements”, and/or violation or improper performance of “User to User Agreement”, including, but not limited to unsatisfactory quality, defects, delivery and/or payment delays, wrong calculations, violation of warranty, violation of the return rights, violation of copyright and violation of intellectual property, etc.;
b) Your and other User use of the Website and/or Platform, including, but not limited to mismatch of Your expectations in use of Platform;
c) Any Platform faults, technical glitches, disruption of service or any other cases where normal use of the Platform is not possible or is limited;
d) Application of penalties, preventive and punitive actions and disciplinary sanctions, defined in these Terms and Conditions, Additional Agreements, their changes, amendments and updates, applicable law and legal acts;
e) Any opinion, decision, assistance etc., given to You by Sewport, if You ask for Sewport’s advice or consultation concerning Your dispute with other User;
f) Disclosure of Your identity and contact information, in cases defined in these Terms and Conditions, Additional Agreements, their changes, amendments and updates, Sewport Privacy and Cookies policy and all applicable law/legal acts, or when requested by a state, governmental institutions, law enforcement body, court or other authorized institution or organization;
g) submission, posting or displaying of any User Content, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive, harmful (including, but not limited to virus or other technologically harmful, destructive, malicious, spying, offensive or obscene material, programs and/or codes, harmful agent or mechanism, that is designed to disrupt functionality, harm, disable or collect information) or illicit material by You or other User;
h) Your or other User violation or improper performance of these Terms and Conditions, Additional Agreements, their changes, amendments and updates, and all applicable laws (including but not limited to policies and laws related to data protection, customer and consumer right, intellectual property right and other civil right protection, policies and laws regulating civil and commercial deeds, policies and laws related to data spamming, privacy, obscenity, or defamation);
i) any violation of Intellectual property rights, committed by You or other Users, by sharing, posting, editing or distributing data, video, images and other written, visual etc. information on Platform and Website.

8.16. You confirm, warrant and agree that the User Content and any other information, data, images, posts etc., that You submit, provide, post, send, submit, display, distribute, disclose or any other way use and report to the Platform, and /or Website, send to other Users or Sewport via email etc., or other way, IS and SHOULD:

1) NOT violate any of the Intellectual Property rights or any other personal or proprietary rights of any third party, and You have the right and authority to offer, sell, trade and other way use the products or services described in Your User Content and such offering, sale, trade, and other usage of services and products mentioned above does not violate any Third-Party Rights;
2) NOT directly or indirectly violate Terms and Conditions and the other applicable Additional Agreements, their changes, amendments and updates, any applicable laws and legal acts and other regulations;
3) be valid, true, accurate, up to date, complete and lawful;
4) NOT contain excessively violent, brutal, obscene expressions, and other expressions that cause uncomfortable feeling in others;
5) NOT be false, misleading or deceptive;
6) NOT contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit, discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
7) NOT contain any link directly or indirectly to any other Website, which includes any content that may violate these Terms and Conditions and the other applicable Additional Agreements, their changes, amendments and updates, any applicable law and regulations.
8) NOT contain virus or other technologically harmful, destructive, malicious, spying, offensive or obscene material, programs and/or codes, harmful agent or mechanism, that is designed to disrupt functionality, harm, disable or collect information, or any other material which is malicious, technologically harmful, or in any way offensive or obscene.
9. FORCE MAJEURE
9.1. According to these Terms and Conditions, Additional Agreements, their changes, amendments and updates, an “Event of Force Majeure” means any circumstance out of the reasonable control of the Party (that is - Sewport and/or User) affected, but only if and to the extent that:

1) such circumstance does not depend from the will of the Party, and the Party objectively was not and is not able to foresee, predict, prevent, avoid or eliminate such circumstance;
2) and such circumstance materially and adversely affects the ability of the Party to perform their obligations under these Terms and Conditions, Additional Agreements, their changes, amendments and updates, and such Party has taken all due care, reasonable precautions and alternative measures in order to prevent, avoid and/or eliminate the effect of such circumstance on the Party’s ability to perform their obligations under these Terms and Conditions, Additional Agreements, their changes, amendments and updates, and to mitigate the consequences of such circumstance.
3) Such circumstances do not arise due to the fault, violation or blame of the Party, who claims protection in respect of an Event of Force Majeure;

9.2. Events of Force Majeure as set in Article 9.1. include, but not limited to:

1) fire, earthquakes, cyclones, hurricanes, floods, droughts or such other extreme weather or environmental conditions, chemical or radioactive contamination or ionizing radiation, epidemic, famine, plague or other natural calamities and acts of God;
2) explosion, crash accident, structural collapse, or chemical pollution, caused by a person not being the affected Party or one of its contractors or subcontractors or any of their respective employees or agents;
3) acts of war, invasion, acts of terrorism, blockade, embargo, violent demonstrations, riot, public disorder, insurrection, rebellion, civil commotion and sabotage, but only in case they involve Party’s or take place in Party’s residence country;
4) strikes, lockouts, work stoppage, labour disputes, and such other industrial action by workers related to or in response to the terms and conditions of employment of those workers or others with whom they are affiliated save, when such event is directly related to, or in direct response to any employment policy or practice (with respect to wages or otherwise) of the Party whose workers resort to such action;

9.3. Either Party shall be excused from performance and shall not be liable for the failure to perform the obligations is due to an Event of Force Majeure.

9.4. If a Party wishes to claim protection in respect of an Event of Force Majeure, it shall, as soon as possible, notify the other Party of the nature and expected duration of such Event of Force Majeure and shall thereafter keep the other Party informed until such time as it is able to perform its obligations. The Parties shall use their reasonable efforts to:

1) overcome the effects of the Event of Force Majeure;
2) mitigate the effect of any delay occasioned by any Event of Force Majeure, including by recourse to alternative mutually acceptable (which acceptance shall not be unreasonably withheld by either Party) sources of services, equipment and materials; and
3) ensure resumption of normal performance of these Terms and Conditions, Additional Agreements, their changes, amendments and updates, as soon as reasonably practicable and shall perform their obligations to the maximum extent practicable.

9.5. The events of Force Majeure do not relieve You from responsibility for the direct and/or wilful violation of these Terms and Conditions, Additional Agreements, their changes, amendments and updates and law/legal acts.
RESPONSIBILITY FOR VIOLATIONS
10.1. In any case, when You violate these Terms and Conditions, Additional Agreements or their changes, amendments or updates, and/or law/legal acts and other legal regulations, or if Sewport has reasonable grounds to believe, that You are in violation of any term, obligation, and/or warranty, set forth in these Terms and Conditions, Additional Agreements or their changes, amendments or updates, and/or applicable law/legal acts, Sewport has the right in its own discretion to apply such penalties, preventive and punitive actions and disciplinary sanctions, as Sewport deems appropriate:

1) Suspend or terminate Your User Account and any and all other accounts and information related to Your User Account;
2) restrict, suspend or terminate the access and use of any service of Platform and Website;
3) remove Your User Content fully or partially;
4) impose other restrictions on Your use of any features or functions of Platform and Website and/or apply any other corrective or preventive actions, discipline sanctions or penalties as Sewport may deem necessary and/or appropriate in its sole discretion.

10.2. Without limiting the generality of the provisions of these Terms and Conditions, Additional Agreements, their changes, amendments and updates and all applicable laws, and in addition to Your liability set in other sections of these Terms and Conditions and other regulations, mentioned above, You should be considered as being in violation of the regulations mentioned above, in any of the following circumstances:

1) Third party (also other User) has submitted a legitimate complaint or claim to Sewport or Sewport has reasonable grounds to believe that You are violating the intellectual property rights of this Third Party; or
2) Other User, party of Your “User to User Agreement”, has submitted a complaint or claim to Sewport or Sewport has reasonable grounds to believe that You have directly and/or willfully and/or materially failed to perform “User to User Agreement”, including without limitation where You have failed to perform order (deliver products/services after receipt of a price or pay the price, or Your services or products fail to meet the terms and descriptions defined in “User to User Agreement”); or
3) Third party (also other User) has submitted a complaint or claim to Sewport or Sewport has reasonable grounds to believe that You use “Stolen personality” (use other person identification data to use the Platform and Website), use a stolen credit card or other payment instruments, or other false or misleading information; or
4) Sewport has reasonable grounds to believe that any information provided by You is not up-to-date or complete or is untrue, inaccurate, unlawful, invalid, or misleading; or
5) Sewport has reasonable grounds to believe that Your actions may cause financial loss or legal liability to Sewport, its representatives, including, but not limited to Sewport’ directors, members of the board, actioners, shareholders, officers, employees, agents, authorized persons and subcontractors or other Users.

10.3. In case of Your first violation of these Terms and Conditions, Additional Agreements or their changes, amendments or updates, and/or law/legal acts and other legal regulations, Sewport will send You a warning note to the email, provided in Your User Profile, demanding the immediate cessation of Your violation, and elimination of harmful results and indemnification of all the damages, arised from Your violation.

1) Sewport warning notes requirements are mandatory to You;
2) The submission of the warning note, as mentioned above, does not limit Sewport rights to apply preventive actions, such as suspending of Your User Account, suspending of the access and use of Platform and its services, removing Your User Content, which is found to be inappropriate;
3) If You do not cease Your violation and eliminate/indemnify its results and damages in full, in terms, defined in Sewport’ warning note, Sewport, without any other prior notification, shall apply any of the penalties, preventive and punitive actions and disciplinary sanctions defined in Article 10.1.
4) The application of the penalties, preventive and punitive actions and disciplinary sanctions, as mentioned above, does not relieve You from the obligation to indemnify damages and eliminate other harmful results of Your violation.

10.4. In case of any repetitive violation of these Terms and Conditions, Additional Agreements or their changes, amendments or updates or any legal act or regulation, Sewport will send You a cancellation notice to the email, provided in Your User Profile, and shall immediately terminate Your User Account.

10.5. The sending of a cancellation notice and the termination of Your User Account, as mentioned above, does not relieve You from the obligation to indemnify damages and eliminate other harmful results of Your violation.

10.6. Sewport should in its own discretion, without prior notice to User, immediately, after the fact of such offense/violation has become known, permanently terminate User Account and any User Accounts, related to such User Account, and any other User, who participates in such a violation, Account:

1) User attempts to violate or violates the terms and the way of “User to User Agreement” payment procedure, defined in these Terms and Conditions, or if User attempts to conclude or conclude “User to User Agreement” outside the Platform or encourages, offers, proposes or suggests communication between users should be made outside of the Sewport platform and the communication tools it provides.
2) User attempts to violate or violates the Intellectual property rights of Third party (also other Users) and/or Sewport.
3) User post, submit, send via e-mail or any other way distributes virus or other technologically harmful, destructive, malicious, spying, offensive or obscene material, programs and/or codes, harmful agent or mechanism, that is designed to disrupt functionality, harm, disable or collect information, via or on or thorough Platform and/or Website.

10.7. If User attempts to violate or violates the terms and the way of “User to User Agreement” payment procedure, defined in these Terms and Conditions, or if User attempts to conclude or conclude “User to User Agreement” outside the Platform or/and offers, proposes or suggests communication between users should be made outside of the Sewport platform and the communication tools it provides, User should pay a penalty to Sewport, in amount of 10% of the “User to User Agreement” total price. Both “User to User Agreement” parties shall be jointly liable for the fulfilment of this provision (payment of the penalty) and Sewport should in its own discretion, require the payment of the penalty from each of the parties involved.

10.8. If User fails to pay Sewport any Service fee, ESCROW handling fee or Commission fee according to these Terms and Conditions, Additional Agreements, their changes, updates and amendments, or User initiates an improper chargeback or cancels the payment on their credit or debit card Sewport may suspend or close access to User account. Sewport, at its discretion, will report such cases to responsible credit reporting institutions and agencies, law enforcement authorities and relevant institutional bodies for investigation or prosecution of Users with outstanding amounts.

10.9. In addition to any of the penalties, preventive and punitive actions, and disciplinary sanctions, provided in this section, Sewport reserves the right in its sole discretion to remove, modify or reject any User Content that User submit to, post or display on or via the Platform and Website, which Sewport reasonably believes is unlawful, violates these Terms and Conditions, Additional Agreements, their changes, amendments and updates and all applicable laws/legal acts and other legal regulations, or could cause any liability of Sewport, or is otherwise found inappropriate in Sewport opinion.

10.10. Sewport reserves the right to cooperate fully with governmental authorities and other authorized persons in the investigation of any suspected criminal, administrative or civil wrongdoing. Further, as it is set forth in other sections of these Terms and Conditions, in case of any violation of law /legal acts and other legal regulations, Sewport may and will disclose Your identity and contact information, requested by a state, governmental institutions, law enforcement body, court or other authorized institution or organization. Sewport shall not be liable for Your direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever or results arising from such information disclosure, and User agrees not to bring any action or claim against Sewport for such disclosure.

10.11. Sewport will report any Users violation or other activities and actions, which Sewport reasonably believes is illegal and/or contains indications of criminal or administrative liability and/or is aimed to committing a crime/offense, etc., to the relevant law enforcement authorities and disclose Users identity to them. Sewport shall not be liable for any and all damages, including, but not limited to the loss of profit, direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever or results arising from such information disclosure, and User agrees not to bring any action or claim against Sewport for such disclosure.

10.12. If You violate these Terms and Conditions, Additional Agreements, their changes, amendments and updates, and all applicable law/legal acts and other legal regulations, and Sewport takes no action, Sewport will still be entitled to use its rights to apply the penalties, preventive and punitive actions, and disciplinary sanctions within 1 (one) year from the moment, Your violation was detected, as well as in any other situation where You or other User violate the regulations mentioned above.

10.13. Sewport should terminate User Account and any User Accounts, related to such User Account in case if required by state, governmental institutions, law enforcement body, court or other authorized institution or organization.

10.14. Sewport is not liable for Your direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever, and other results of the penalties, preventive and punitive actions, and disciplinary sanctions, applied to You by Sewport in connection with Your violation.

10.15. Termination of Your User Account or the services provided by the Website and Platform does not relieve You from the obligation to pay any outstanding amounts owed to Sewport or any other User, as well as to indemnify damages and You hereby authorize Sewport to charge Your Payment Method and/or deduct/charge such payments from any payment amount, You transfer via “Sewport Payment System”.

10.16. Sewport is not liable for any special, direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever, resulting from the termination of Users Account.
11. USER TO USER AGREEMENTS
11.1. The Platform provides Users with the utility for conclusion of the simple “User to User Agreement” (hereinafter referred to as- “General User to User Agreement”), which consists of Manufacturers’ Proposal (also referred to as- Offer) on the price of services and products, ordered by the Customer, payment deadlines and simple delivery terms, and Customers’ Accept to such Proposal.

1) The Manufacturer should fill in all the information, required in Proposal and Invoice form, provided by the Platform, otherwise, the Proposal and Invoice will not be proceeded to the Customer.
2) Manufacturer works out the Proposal on the basis of Customers’ order, which consists of fully or partially developed design project, idea and any other information provided by Customer.

11.2. Users are strongly recommended, additionally to “General User to User Agreement”, to enter into agreements on terms and conditions of performance of services and/or manufacturing of the products, delivery terms, return rights, confidentiality, non-disclosure, warranty terms, intellectual property rights etc.) (Hereinafter - referred to as “Additional User to User Agreements”, but together “General User to User Agreement” and Additional User to User Agreement”- “User to User Agreement”) to avoid any possible disputes concerning the performance of Users general obligations according to “General User to User Agreement”.

11.3. The “General User to User Agreement” comes into force at the moment, when Customer accepts the Proposal of the Manufacturer, by clicking “Accept” button in Manufacturers Proposal.

11.4. “User to User Agreements” cannot govern, supersede or restrict the effect of any term or condition set in these Terms and Conditions, Additional Agreements, their changes, amendments and updates and the law applicable.

11.5. “User to User Agreements” should be in accordance with law/legal acts and other legal regulations, including, without limitation, data protecting law, consumer protection law, civil law, commercial law, intellectual property law, etc.

11.6. Irrespective of whether this is provided for in the “User to User Agreements”, the following provisions are binding for the parties of such Agreements:

11.7. Price excluding VAT (hereinafter referred to as – Total Net Price), VAT rate and amount and Total Price including VAT (hereinafter referred to as – Total Gross Price) should be precisely defined in Manufacturers Proposal/“General User to User Agreement”. Total Net Price of Manufacturers services and products is correct and final, including all taxes and fees (except VAT, which should be indicated separately, as set forth in this Article), applicable to Manufacturer and Manufacturers’ services and products, as well as including additional Manufacturer’s expenses, including, but not limited to transportation, delivery, work and material expenses, warranty service expenses and other expenses, related to proper and complete execution of the Customers order and “User to User Agreements”. As Manufacturer, You must consider the Commission fee, which will be deducted/charged from the amount of “User to User Agreement”/payment amount, according to the Invoice, in respect of and in according to the “Additional Agreement for Manufacturers”.

1) VAT rate and amount needs to be indicated;
2) In case, if Customer is a Consumer, that is an individual person, subjected to Consumer protection law, who purchases goods and services for personal use - all products are subject to a 14 day returns period;
3) All the payments according to “User to User Agreements” must be settled via “Sewport Payment System” (except payments, defined in Article 12.7. of these Terms and Conditions).

11.8. You acknowledge that You are fully assuming the risks of conducting of any “User to User Agreements”, and the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of “User to User Agreements”. Such risks shall include, but are not limited to:

1) Incorrect presentation of products and services, fraudulent activities, unsatisfactory quality, product inconformity to specifications, unlawful, defective or dangerous products, delays in delivery or payment, incorrect calculations of prices and expenses, violation of warranty, violation of “User to User Agreement”, and other User violations of these Terms and Conditions, Additional Agreements and their changes, amendments and updates or applicable law/legal acts and other legal regulations.
2) That any kind of use of the products or services performed and/or made by Manufacturer, including, but not limited to purchase, sell, display etc., may violate or may be asserted to violate Third Party Rights, and the risk that You may incur costs and damages in connection with third party’s property right claims.
3) The claims and complaints of the consumers and other end-users of products and services, regardless of whether these complaints are grounded and justified, and Your damages and costs in connection with such claims and complaints.
Each User agrees that Sewport shall not be liable or responsible for any actual, special, incidental or consequential damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any risk mentioned or defined above.

11.9. Users are solely responsible for accuracy, lawfulness, validity, and conformity of the terms and conditions of “User to User Agreements”, including, without limitation, terms regarding payment, returns, warranties, delivery and transportation, Intellectual property rights, fees, taxes, permits, insurance, storage. It is the sole responsibility of the User to discuss, adjust, read, verify and determine the terms and conditions of any “User to User Agreements”.

11.10. User agrees to provide all information and materials as may be reasonably required by Sewport in connection with “User to User Agreements”. Sewport has the right to suspend or terminate any User Account if the User fails to provide the required information, documents and materials.

11.11. In the event that any User has a dispute with other ”User to User Agreements” party, such User agrees to release and indemnify Sewport, its representatives, including, without limitation Sewport’ directors, members of the board, actioners, shareholders, officers, employees, agents and subcontractors, from all and any claims, demands, actions, proceedings, costs, expenses and damages, including without limitation any actual, special, incidental or consequential damages arising out of or in connection with this dispute and “User to User Agreements”.

11.12. Sewport is not a party or a participant of any Users deals, including, but not limited to “User to User Agreements”, between Users. Sewport does not and is not obliged to screen, verify, void or validate any offers, orders, proposals, accepts, negotiations, agreements, arising from the communication of Users, as well as the validity, lawfulness, accuracy, correctness, reliability, quality, stability, completeness or up-to-dateness of any information provided by Users.

11.13. As the Manufacturer, You may and should:

1) Read and accept “Additional Agreement for Manufacturers” about the additional obligations and Commission fees applied to Manufacturer;
2) Provide the continuous validity, lawfulness, accuracy, correctness, reliability, quality, stability, completeness or up-to-dateness of any information provided by You in Your User Account and User Profile and product catalogues, posted on the Website and Platform;
3) Provide Customers with any clarification, explanation, advice, and additional information concerning performance of the Customers order, including, but not limited to terms, also delivery terms, warranty, return options etc. The information should be provided within 2 (Two) business days after requested by Customer;
4) deliver a high standard services and products, acting in a professional manner and on best intentions to appropriately meet the Customers requirements. The Manufacturers must ensure the delivered product or service is error free. The Manufacturer must clearly and fully perform each and all of the Customers requirements;
5) inform Customer and Sewport immediately, in case Customers’ order directly or indirectly injure or offend Third Party Intellectual property rights;
6) comply with all the provisions of “User to User Agreement”, and fulfil the orders of a Customer in a proper, qualitative, legal and timely manner, according to these Terms and Conditions, Additional Agreements, their changes, amendments and updates, the law/legal acts, other legal regulations applicable, and “User to User Agreements” rules and requirements;
7) Assume full, unlimited and irrevocable liability for direct or indirect violation of Third Party Intellectual property rights;
8) inform Sewport immediately, in case if Customer directly or indirectly offers You to violate the rules, concerning the payment procedure, defined in these Terms and Conditions;
9) inform Sewport immediately, in case if Customer directly or indirectly violates these Terms and Conditions, Additional Agreements, their changes, amendments and updates, the law/legal acts, other legal regulations applicable;
10) Receive any payments from Customers for Your services and products only via “Sewport Payment System” (except of the payments, defined in Article 12.7. of these Terms and Conditions).

11.14. As the Customer, You may and should:

1) Make clearly understandable orders and tasks and provide Manufacturer with any additional information to clarify and explain Your ideas, design projects, visions, desires and needs;
2) comply with all the provisions of “User to User Agreement”, and fulfil the payment and other terms in a proper, qualitative, legal and timely manner, according to these Terms and Conditions, Additional Agreements, their changes, amendments and updates, the law/legal acts, other legal regulations applicable, and “User to User Agreements” provisions and requirements;
3) Assume full, unlimited and irrevocable liability for direct or indirect violation of Third Party Intellectual property rights;
4) Warrant and certify the You are the sole owner or lawful licensee of all the Intellectual property rights and interests of design projects, ideas and any other User Content, You provide, post, send, submit, display, distribute, disclose, share, report to Manufacturer, via or through the Platform. Due to above mentioned, You are solely responsible for obtaining all necessary third-party licenses and permissions regarding any User Content that You provide, post, send, submit, display, distribute, disclose, share or any other way use and report;
5) Be solely responsible and liable that any User Content that You provide, post, send, submit, display, distribute, disclose, share or any other way use and report does not violate any of the Intellectual Property rights or any other personal or proprietary rights of any third party;
6) Make any and all payments to Manufacturers and for Manufacturers services and products only via “Sewport Payment System” (except of the payments, defined in Article 12.7. of these Terms and Conditions);
7) in any case and regardless any reason, NOT demand the return of a payment or cancellation of payment via “Sewport Payment System”. Any and all the returns and cancellations should be settled out only between Users- parties of the “User to User Agreement”, by direct money transfers to other User-party of “User to User Agreement” bank account, according to Article 12.7. of these Terms and Conditions.
8) inform Manufacturer and Sewport immediately, in case Manufacturers’ Proposal directly or indirectly injure or offend Third Party Intellectual property rights;
9) inform Sewport immediately, in case if Manufacturer directly or indirectly offers You to violate the rules, concerning the payment procedure, defined in these Terms and Conditions;
10) inform Sewport immediately, in case if Manufacturer directly or indirectly violates these Terms and Conditions, Additional Agreements, their changes, amendments and updates, the law/legal acts, other legal regulations applicable.

11.15. By exchanging information such as ideas, information, processes, data, know-how, designs, sketches or other artwork and other copyrightable material and communicating, Users agree that such information may only be used by Manufacturer to perform services requested by the Customer. The use of such ideas, information, processes, data, know-how, designs, sketches or other artwork and other copyrightable material for other purposes or other way than determined in this Article of Terms and Conditions, is prohibited and will lead to liability, set in “User to User Agreements” as well, as set in these Terms and Conditions, Additional Agreements, their changes, amendments and updates, the law/legal acts, other legal regulations applicable.

11.16. Sewport is not liable for any and all possible violations of intellectual property rights, that may arise due to, or /and while, before, during or/and after Users exchanging the information on services and products and other User Content, according to this section of these Terms and Conditions. Sewport is not responsible or liable for any information that Users share, provide, edit, post, send, submit, display, distribute, disclose, share or any other way use and report on, thorough or via Website and Platform.

11.17. The Manufacturer must not claim any Intellectual Property Rights for or considering the product or service, provided by Manufacturer on the basis of “User to User Agreement”, unless the opposite is agreed separately in written in such a “User to User Agreement”. The work fulfiled, the service provided and/or the product manufactured by Manufacturer on the basis of Customers order and “User to User Agreement” shall become property of Customer, who is irrevocably considered to be the Author of the work, service and/or product. The Manufacturer should not use, display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, and otherwise violate Customers’ Intellectual Property Rights on such service and/or work result and/or product. The Manufacturer retains no rights to use, and will not challenge the validity of Customers ownership in such Intellectual Property Rights. The Manufacturer hereby waives any moral and financial rights to such property, the disclosure and withdrawal of his rights under applicable law to the result of the rendered service or produced product.
12. INVOICES AND PAYMENT PROCESSING
12.1. All Users orders, offers, proposals, accepts, Invoices, “User to User Agreements” and payments must be settled in GBP.

12.2. Manufacturer must include in Proposal price all taxes and fees, applicable to Manufacturer and Manufacturers’ services and products, as well as additional Manufacturer’s expenses, including, but not limited to transportation, delivery, work and material expenses, warranty service expenses and other expenses, related to proper and complete execution of the Customers order and “User to User Agreements”. Manufacturer must indicate VAT in appropriate section of Proposal and Invoice.

12.3. Users shall be responsible for the due and proper indication, calculation, declaration and payment of all taxes and fees applied to User, as Manufacturer or Customer, goods and services provided and acquired, and “User to User Agreements” generally, including but not limited to value added tax (VAT), sales, property, income taxes, and/or other taxes, fees and/or charges applying to User as Customer or Manufacturer.

12.4. The Proposal and the price must be acknowledged and accepted by both Users- parties of “User to User Agreement”. By submitting the Proposal to Customer, and by accepting (Clicking “Accept” button in Manufacturers proposal) the Proposal of Manufacturer, these Users are entering into a “General User to User Agreement”, defined in these Terms and Conditions.

12.5. The Platform will generate a Manufacturers Invoice form to Customer according to data and information, the Manufacturer has provided and entered in Proposal, accepted by the Customer. Please note, that You, as the Manufacturer may need to enter additional information required in Invoice form, before the Invoice is submitted to the Customer.

12.6. All payments between Users, except payments defined in next Article, should be made only through the “Sewport Payment System” unless Sewport has given explicit permission in writing and only to specific Users (both the payer and the payee) within only one specific “User to User Agreement”, to process a payment differently and the Manufacturer and Sewport has agreed on the way and terms of payment of Commission fee, defined in “Additional Agreement for Manufacturers”.

12.7. The following payments Users should make outside the “Sewport Payment System” and without involving Sewport, by direct money transfers to other User/party of “User to User Agreement” bank account:

1) The payments, which arises from the implementation of the Return Rights,
2) The payments of interests, penalties and damages, and other payments arised from the violation of “User to User Agreement” terms and conditions;

12.8. In any case if User attempts to violate the terms and the way of payment, defined in these Terms and Conditions, Sewport may, in its own discretion, without prior notice to User, immediately, after the fact of such offense/violation has become known, permanently terminate the User Account, any accounts determined to be related to such User Account and other User Accounts participating in such violation, and apply other penalties, preventive and punitive actions, and disciplinary sanctions, according to Articles 10.6. and 10.7. of these Terms and Conditions.

12.9. User, who received the proposal to violate the payment rules defined in these Terms and Conditions, must report any such cases to Sewport Support without hesitation providing details of proposals and proposing party name/s or User Profile name/s, otherwise this User is subjected to penalties, preventive and punitive actions, and disciplinary sanctions, according to Articles 10.6. and 10.7., of these Terms and Conditions, as an accomplice.

12.10. Once the payment is credited to “Sewport Payment System”, Sewport not later than within terms, defined in Additional Agreement for Manufacturers, charges a Commission fee from that payment amount, as set forth in “Additional Agreement for Manufacturers”, and transfers the remain amount to the Manufacturer. In case Manufacturer has not received the payment amount within 3 (three) banking days from the day, the Customer has made the payment, Manufacturer has to inform Sewport support team by e-mail [email protected].

12.11. If Users use international banks or banks that have a delayed processing procedure, or the payment is made on local and/or public holidays, bank holidays, payment delivery to User - beneficiary of the payment may be delayed for several days or in rare cases for weeks. Such delays may not serve as reason for not to carry our provision of services and obligations by the User - beneficiary.

12.12. You, as The Customer, confirm, acknowledge, represent and warrant that in any case and regardless any reason, You will not demand the return of a payment or cancellation of payment via “Sewport Payment System”. Any and all the returns and cancellations should be settled out only between Users- parties of the “User to User Agreement”, by direct money transfers to other User-party of “User to User Agreement” bank account, according to Article 12.7. of these Terms and Conditions.

12.13. When using the Platform, the Website, and their services, including without limitation, Sewport Payments System, third parties (for example, banks, other financial institutions, Internet service providers or mobile operators, transaction networks, etc.) may charge You for their services, including, but not limited to the data transfer charges, charges for access to Platform and Website via third party services, bank, credit card commissions, etc.). You are solely responsible for payment of these fees and charges.

12.14. Payments in other currency than GBP may require conversion and Sewport may or may not display such conversion rates. You acknowledge and warrant, that the payments You make in currency other than GBP, are made at Your sole discretion and risk, and the procedure and rates or transfer and conversion of such payment amounts is beyond of control of Sewport or the “Sewport Payment System” provider. You should at Your own expense calculate and pay any charges or fees arising from this currency conversion to GBP.

12.15. According to Articles 12.13. and 12.14., You should consider, foresee and calculate bank and other financial institution commissions and fees, when making payments via Sewport Payments System, and ensure that the payment amount You transfer is sufficient to cover all the expenses, that is 1) principal amount for ordered services and products, 2) applicable Sewport fees and 3) applicable third-party commission(s).
13. LIMITATION OF LIABILITY OF SEWPORT
In addition to the limitation of liability of Sewport and its representatives, including, without limitation Sewport’s directors, members of the board, actioners, shareholders, officers, employees, agents, authorized persons and (sub) contractors, set forth in other sections of these Terms and Conditions, Additional Agreements, their changes, amendments and updates,

TO THE FULLEST EXTENT PERMITTED BY LAW SEWPORT HEREBY CLEARLY AND DIRECTLY DISCLAIMS AND MAKES NOT ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

13.1. Any warranties and liabilities of fitness, quality, condition, durability, performance, accuracy, reliability, sales ability or suitability for Your particular purpose or wish of the Platform, Website and its services, and software, to the Website. You irrevocably and unconditionally agree, that the Platform and other services provided by Sewport on or through the Website and Platform are provided "as is", "as available" and “with all faults”.

13.2. Any warranties and liabilities of fitness, quality, condition, durability, performance, accuracy, reliability, sales ability or suitability for Your particular purpose or wish of any other website linked (through hyperlinks, banner, advertising or otherwise) to the Website.

13.3. Any warranties about the lawfulness, validity, accuracy, credibility, correctness, reasonableness reliability, quality, stability, completeness or up-to-dateness of any User Content and other information provided, posted, send, submitted, displayed, distributed, disclosed or any other way used and reported by Users and other persons on or through or via the Platform and Website and their tools and services; You irrevocably and unconditionally agree, that in no event shall Sewport be held liable for any such User Content or information.

13.4. Any warranties that the User Content, User orders, offers, proposals, “User to User Agreements”, User, designs, services and products offered or displayed on the Website does not violate any third-party rights, including Intellectual property rights. You irrevocably and unconditionally agree, that in no event shall Sewport be held liable for any such Users violations.

13.5. Any warranties that the content, including User Content available on the Website or the Platform, or services found at this Website are appropriate in every country or jurisdiction, and access to the Website or the Platforms or its services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Website or the Platform or its services are responsible for compliance with all local laws, rules and regulations.

13.6. Any warranties about Users products or Users services, User projects, designs, ideas etc., offered or displayed on, and the fitness, quality, condition, durability, performance, accuracy, reliability, sales ability or suitability of such services and products the Website. You irrevocably and unconditionally agree, that in no event shall Sewport be held liable for any such Users services, products, projects, ideas etc.

13.7. Any warranties about other User abilities, good faith and will to perform Proposals, Offers, payments, provisions of “User to User Agreements”, as well as any warranties about Users activities, about the quality and conformity to specifications of Users products and services, duly and proper performance of delivery, payment, warranty services and other provisions of “User to User Agreement” and law applicable. You irrevocably and unconditionally agree, that in no event shall Sewport be held liable for such Users’ abilities or disabilities and any risk concerning the violation of “User to User Agreements” and law applicable to other Users.

13.8. No advice, decision or information obtained by You from Sewport or through or from the Website or the Platform shall create any warranty or liability of Sewport, excluding if the opposite is expressly defined in these Terms and Conditions.

13.9. The Website might contain links to third party websites or applications, that allow access to third party applications or websites. Sewport is not liable for any content or negative effects resulting before, after or during the User visiting such linked websites or resources.

13.10. Sewport shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever, resulting from any of the following:

1) Unauthorized access to Your data or private information of any User or other persons;
2) Your use or the Your inability to use or any and all difficulties or obstacles in use of the Website and/or Platform;
3) Any lack, fault, defect, delusion, mistakes in information, data, products and/or services purchased or obtained from other User through the Website and Platform;
4) Violation of third party rights and /or third-party claims considering information, data, products and/or services purchased or obtained from a User or any other third party through the Website and Platform;
5) Application of penalties, preventive and punitive actions, and disciplinary sanctions mentioned and/or defined in these Terms and Conditions, Additional Agreements, their changes, amendments and updates, and all applicable laws and legal acts.
6) Violation of Your Intellectual property rights by other Users or other persons.
7) notwithstanding any of the provisions mentioned/defined in Article 13.10., the total and final liability of Sewport, and its representatives, including, without limitation Sewport’s directors, members of the board, actioners, shareholders, officers, employees, agents, authorized persons and (sub) contractors, with respect to each User for all claims arising from the use of the Website and/or Platform during any calendar year shall exclude but excluding such damages as indirect damages, incidental damages and lost profit, and shall be limited to the total amount of Service fees You have paid to Sewport within current calendar year;

13.11. Sewport does not and cannot review all of the information and materials provided in the discussion areas of the Platform and Website, and has no responsibility or liability for any such information or materials or their use. If Sewport becomes aware of any information or materials that violate these Terms and Conditions or the discussion areas policies promulgated by Sewport from time to time, or that Sewport otherwise deems inappropriate in its sole discretion, Sewport reserves the right to delete, remove or edit any such information or materials.

13.12. Sewport will not be liable for any direct, indirect, exemplary, punitive, incidental or consequential, actual, special, damages or any damages whatsoever caused by a distributed virus or other technologically harmful, destructive, malicious, spying, offensive or obscene material, programs and/or codes, harmful agent or mechanism, that is designed to disrupt functionality, harm, disable or collect information and/or that may infect Users computer equipment, computer programs, data or other proprietary material due to Users use of this Website or due to Users downloading of any material provided, posted, send, submitted, displayed, distributed, disclosed or any other way used and reported on the Website, or on any website linked to it.

13.13. THE FOREGOING LIMITATION OF LIABILITY OF SEWPORT SHALL APPLY in fully also to the limitation of liability Sewport’s directors, members of the board, actioners, shareholders, officers, employees, agents, authorized persons and (sub) contractors.

13.14. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOREGOING LIMITATION OF LIABILITY OF SEWPORT SHALL APPLY AND shall survive any termination or expiration of these Terms and Conditions or Your use of this Website, Platform or its services.
14. GOVERNING LAW. DISPUTES
14.1. These Terms and Conditions, Additional Agreements, or their changes, amendments or updates shall be interpreted, governed by and construed in accordance with the laws of England (United Kingdom).

14.2. You and Sewport each agree to try to resolve any Disputes, actions or proceedings, whether presently in existence or based on acts, omission or default giving rise in the past or in the future, arising out of or related to these Terms and Conditions, Additional Agreements, their changes, amendments and updates, and/or regarding their existence, validity or termination in good faith, after You provide written notice, as set forth in this section of Terms and Conditions.

14.3. User hereby irrevocably waives its rights to trial by jury and/or to participate in a class action, representative action, consolidated action or private attorney general action, in any action or proceeding arising out of or related to these Terms and Conditions, Additional Agreements, or their changes, amendments or updates.

14.4. Any Dispute, action or proceeding, whether presently in existence or based on acts, omission or default giving rise in the past or in the future, arising out of or related to these Terms and Conditions, Additional Agreements, their changes, amendments and updates, and/or regarding their existence, validity or termination, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING AND INDIVIDUAL ARBITRATION (IN NO EVENT A CLASS ARBITRATION) under the LCIA (London Court of International Arbitration) Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause;

1) The number of arbitrators shall be 1 (one);
2) The seat, or legal place, of arbitration shall be: 70 Fleet St, London EC4Y 1EU, UK;
3) The language to be used in the arbitral proceedings shall be English;
4) The governing law of the contract shall be the substantive law of England (United Kingdom).

14.5. Notwithstanding the above, You or Sewport may choose to pursue a Dispute in small claims court, if the Dispute qualifies for initiation in such court, or if You refuse these Arbitration provisions within 30 days from the date that You first consent /accept to these Terms and Conditions (Refuse deadline).

1) You may refuse Arbitration provision, by contacting Sewport in accordance with Article 6.3., providing Sewport with the following information: Your Identification data (name, surname), Your address and a clear statement that You do not wish to resolve disputes with Sewport through arbitration. Any refuse request received after the refuse Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court (Article 14.5.).

14.6. For all Disputes arising out of or related to these Terms and Conditions, Additional Agreements, or their changes, amendments or updates, You must first give Sewport an opportunity to resolve the Dispute in Pre-arbitration dispute resolution procedure.

14.7. You must commence the Pre-arbitration Dispute resolution procedure process by submitting written Claim to Sewport in accordance with Article 6.3. Your Claim must include Your identification data (name, surname), Your address, a written description of Your Claim, and a description of the specific relief You seek.

14.8. If Sewport does not resolve the Dispute within 90 days after it receives Your written Claim, You may pursue Your Dispute in arbitration, as set in Article 14.4. You may pursue Your Dispute in a court only in cases, stipulated by law, which unconditionally prohibit the arbitration of a particular dispute, or in cases, provided in Article 14.5.

14.9. All the claims must be filed in to arbitration within one (1) year from the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one-year limitation period for filing in claims, any claim must be filed in within the shortest time period permitted by applicable law (Claim dead line). Any claim filed in after the claim deadline will not be valid.

14.10. The arbitrator may award on an individual basis (not consolidating more than one person’s claim at a time) any relief that would be available pursuant to applicable law and these terms and Conditions. Such award will be final and binding for You and Sewport.

14.11. The LCIA Arbitration Rules will govern payment of all arbitration fees and other recoverable fees and costs of a Dispute. Still Sewport will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that Your claim is misleading, frivolous or malicious.

14.12. If any clause of this Section (other than the Class Action Waiver clause) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will remain in force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable - the Dispute will be solved by a court, according to the law of England (United Kingdom).

14.13. THE FOREGOING DISPUTE RESOLVING PROCEDURE AND TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of these Terms and Conditions or Your use of this Website, Platform or their services.
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