Terms & Conditions
TERMS & CONDITIONS FOR TNKR MOBILE APP
Effective Date: 2/28/24
1. Introduction
Welcome to TNKR Sneakers, the premier mobile application available on the App Store and Google Play Store, hereinafter referred to as the "TNKR App." TNKR Sneakers, referred to as "TNKR," is an innovative and user-friendly marketplace platform dedicated to connecting sneaker collectors with skilled sneaker service providers. These Terms & Conditions govern your experience while using the TNKR App. By choosing to engage with the TNKR App, you hereby agree to abide by and be legally bound by these Terms & Conditions.
2. Account Registration and User Types
2.1 User Account Types: TNKR offers two distinct user account categories: "Collector" and "Provider." Collectors can effortlessly create requests for sneaker services, while Providers can offer their expertise and services to fulfill these requests.
2.2 Account Creation: Accessing various functionalities of the TNKR App, such as request creation and bid submission, necessitates the creation of user accounts. The registration process for Collectors is straightforward, while Providers undergo a more comprehensive setup. Provider registration includes linking social media profiles, connecting banking information via Stripe, and submitting a valid ID photo. Both account types mandate the creation of unique usernames and secure passwords.
2.3 Verification: In the interest of security and user protection, the registration process requires verification through email and SMS.
3. Request Creation and Bidding
3.1 Request Creation: Collectors, sneaker enthusiasts who require specific services, can use the TNKR App to create detailed requests. This process may involve accessing the collector's camera or photos and linking their bank account through Stripe for seamless transactions.
3.2 Bidding: Providers, skilled sneaker service experts, can submit competitive bids to undertake Collector requests. When submitting bids, Providers are obliged to specify a realistic timeline for completing the requested work. Failure to meet this timeline may result in a 10% late fee.
4. Escrow and Payment
4.1 Escrow: Upon a Collector's selection of a Provider, the payment for the transaction is securely held in escrow by Stripe, our trusted and preferred escrow service provider, until the transaction is successfully completed.
4.2 Shipping: Collectors bear the responsibility of covering shipping fees through UPS for sending their sneakers to the selected Provider. The cost of shipping is automatically deducted from the escrowed payment.
4.3 Service Completion: Providers are expected to diligently work on the sneakers, document their progress through photos, and return the sneakers to the Collector via UPS.
4.4 Release of Payment: The payment is released from escrow into the Provider's designated bank account once tracking confirms the safe delivery of the sneakers to the Collector. Alternatively, if 24 hours have passed since delivery without issue, the payment is similarly released.
5. Reviews and Ratings
Collectors and Providers are encouraged to provide reviews and ratings for one another within the TNKR App. These reviews and ratings contribute to the reputation and trustworthiness of users within the platform.
6. Advertising
The TNKR App's home page may feature engaging photo and video advertisements. Clicking on these ads will redirect users to external websites. It's important to note that TNKR is not responsible for the content or actions of these external sites.
7. User Profiles and Communication
User profiles within the TNKR App are customizable and may contain publicly viewable information, such as reviews, a brief bio, profile pictures, and usernames. Users can readily communicate with each other using the in-app messaging function.
8. Analytics and Data Collection
TNKR employs data collection and analytical tools to enhance the platform's performance and user experience. This data may encompass user activity information, gathered through Google Analytics and platform-specific metrics.
9. Dispute Resolution
In the event of transaction issues or disputes, users can promptly file disputes through the TNKR App. TNKR's dedicated team reviews each dispute on a case-by-case basis to ascertain responsibility. Resolutions may include refunds, and TNKR retains the right to adjust transaction amounts eligible for refund based on the determined value of the sneakers. TNKR retains the right to charge a user’s bank account for an amount determined to be appropriate by TNKR’s review process.
10. Privacy
TNKR is deeply committed to safeguarding user data, including phone numbers, email addresses, and shipping details. Users are empowered to choose to receive email updates, SMS notifications, and push alerts. For a comprehensive understanding of our data handling practices, please consult our Privacy Policy.
11. Termination
TNKR reserves the prerogative to terminate user accounts or access to the TNKR App at its discretion, with or without prior notice.
12. Changes to Terms & Conditions
TNKR maintains the right to amend these Terms & Conditions periodically. Users will be promptly informed of material changes through the TNKR App. Continuing to use the TNKR App after the revised Terms & Conditions become effective signifies acceptance of these modifications.
13. User Conduct
13.1 Compliance with Laws: By accessing or using the TNKR App, users agree to comply with all applicable laws and regulations. Users must conduct themselves in a manner that respects the rights of others and does not inhibit their enjoyment of the platform.
13.2 Prohibited Activities: Users shall not:
- Utilize the TNKR App to violate any applicable laws or regulations.
- Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or objectionable content.
- Transmit any content that infringes upon the intellectual property rights of others, including copyrights, trademarks, trade secrets, or patents.
- Impersonate any person or entity or falsely represent affiliation with any person or entity.
- Transmit unsolicited or unauthorized advertising, promotional materials, or any form of solicitation.
- Introduce viruses, worms, or other harmful code or software.
- Interfere with the proper functioning of the TNKR App or take actions that overload the platform's infrastructure.
- Attempt unauthorized access to any part of the TNKR App or related systems and networks.
13.3 Reverse Engineering: Users are expressly prohibited from reverse engineering, decompiling, or disassembling any portion of the TNKR App or attempting to uncover source code or underlying algorithms.
13.4 Modification: Users shall not modify, adapt, translate, or create derivative works based on the TNKR App or any of its components.
14. Intellectual Property
14.1 Ownership: All content and materials, including text, graphics, logos, images, and software, contained within the TNKR App are owned or licensed by TNKR and are protected by intellectual property laws.
14.2 No Acquisition of Ownership: Users acknowledge that TNKR holds all rights, title, and interest in and to the TNKR App. The use of the TNKR App does not grant users any ownership or proprietary rights in the platform or its contents.
14.3 Use Restrictions: Users may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the TNKR App without prior written consent from TNKR.
15. Indemnification
Users agree to indemnify, defend, and hold harmless TNKR and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, losses, liabilities, damages, expenses, and costs, including reasonable attorneys' fees, arising from their use of the TNKR App, violation of these Terms & Conditions, or infringement of another party's rights.
16. Governing Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of Missouri, United States, without regard to its conflicts of law principles.
17. Dispute Resolution
Any disputes arising out of or related to these Terms & Conditions or the use of the TNKR App shall be resolved through binding arbitration in accordance with the Rules of Arbitration.
18. Severability and Waiver
If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of TNKR to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
19.-Disclaimer for External Links
19.1 Links to Third Parties: The TNKR App may include links to external websites, services, or content that are not owned, operated, or controlled by TNKR Sneakers. We provide these links for your convenience and as a reference. By clicking on these links, you acknowledge that you are leaving the TNKR App and accessing content hosted on third-party websites.
19.2 User Awareness: Please be aware that when you access external links, you are subject to the terms and policies of the external websites or services you visit. These terms and policies may differ from those of the TNKR App. We encourage you to review the terms and privacy policy of any external site you choose to visit.
19.3 No Endorsement: The presence of external links in the TNKR App does not imply an endorsement, approval, or affiliation with the content or services provided by these third-party websites. These links are included for your convenience, reference, or information, but their inclusion does not signify that TNKR Sneakers endorses or guarantees the accuracy or quality of the external content.
19.4 Limitation of Responsibility: TNKR Sneakers assumes no responsibility for any issues, disputes, or interactions that may occur on external websites or services linked from the TNKR App. Users are solely responsible for their actions and interactions on these external sites, and any legal matters arising from such interactions are to be resolved with the operators of those external websites or services.
These disclaimers should help clarify the nature of external links, user responsibility when visiting external sites, and the app operator's limited involvement and liability regarding external content. It's important to adapt and include these disclaimers in your Terms & Conditions document to ensure transparency and set clear expectations for users.
21. Account Suspension and Lost Packages
21.1 Account Suspension: TNKR retains the authority to suspend user accounts at any time, with or without prior notice, and for any reason deemed necessary by TNKR. Such suspensions may result from violations of these Terms & Conditions, fraudulent activities, or other actions that pose a risk to the TNKR community.
21.2 Lost Packages: TNKR is not responsible for packages lost in transit during the shipping process. Users are encouraged to work with the chosen shipping provider (e.g., UPS) to resolve any issues related to lost or damaged packages.
22. Contact Information
Should you have any inquiries, concerns, or requests regarding these Terms & Conditions or any aspect of the TNKR App, please do not hesitate to contact us at customersuccess@tnkrsneakers.com.
These Terms & Conditions are specific to the TNKR mobile application and do not apply to any third-party websites, services, or applications linked within the App. By engaging with the TNKR App, you hereby acknowledge that you have thoroughly read, comprehended, and consented to these Terms & Conditions.
23. Entire Agreement
These Terms & Conditions, together with any other terms or policies referenced herein, constitute the entire agreement between users and TNKR regarding the use of the TNKR App. These Terms & Conditions supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic.
DISCLAIMERS AND LIMITATION OF LIABILITY FOR TNKR MOBILE APP
Effective Date: 11/9/23
1. Introduction
This Disclaimers and Limitation of Liability document ("Document") is provided to inform users ("Users" or "You") of the disclaimers, exclusions, and limitations of liability governing the use of the TNKR mobile application ("App") provided by [Insert Your Company Name] ("Company," "We," "Our," or "Us"). By using the TNKR App, you acknowledge and agree to the terms and conditions set forth in this Document.
2. No Warranty or Guarantee
2.1 No Warranty: The TNKR App is provided "as is" and "as available" without any representations or warranties, express or implied. We make no warranties or guarantees regarding the availability, accuracy, completeness, reliability, suitability, or performance of the App.
2.2 Use at Your Own Risk: You agree to use the TNKR App at your own risk. We do not warrant that the App will be uninterrupted, error-free, secure, or free from harmful components, including viruses or malware.
3. Third-Party Content and Links
3.1 Third-Party Content: The TNKR App may include content, links, or services provided by third parties. We do not endorse or assume any responsibility for third-party content, and your use of such content is at your own discretion and risk.
3.2 External Links: The TNKR App may contain links to external websites or services not owned or controlled by Us. We are not responsible for the content, privacy practices, or actions of any third-party websites or services.
4. Limitation of Liability
4.1 No Consequential Damages: To the maximum extent permitted by applicable law, in no event shall We, Our affiliates, officers, directors, employees, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses arising out of or in connection with your use of the TNKR App.
4.2 Limitation of Liability: Our total liability for any claims arising out of or relating to the TNKR App, whether in contract, warranty, tort (including negligence), or otherwise, shall be limited to the amount paid by you, if any, for access to the App during the twelve (12) months immediately preceding the event giving rise to the claim.
5. Indemnification
You agree to indemnify, defend, and hold harmless Us and Our affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, losses, liabilities, damages, expenses, and costs, including reasonable attorneys' fees, arising from your use of the TNKR App, violation of these terms, or infringement of another party's rights.
6. Governing Law and Dispute Resolution
This Document shall be governed by and construed in accordance with the laws of the state of [Insert State/Country], without regard to its conflicts of law principles. Any disputes arising from or relating to this Document or the use of the TNKR App shall be resolved through binding arbitration in accordance with the Rules of Arbitration.
7. Changes to this Document
We reserve the right to modify or update this Document at any time. Any changes will be effective upon posting the revised Document on the TNKR App. Your continued use of the App after the posting of changes constitutes your acceptance of those changes.
8. Contact Information
If you have any questions, concerns, or requests regarding this Document or any aspect of the TNKR App, please contact us at customersuccess@tnkrsneakers.com.
By using the TNKR App, you acknowledge that you have read, understood, and agreed to the terms and conditions of this Document, including the disclaimers and limitations of liability.