USER AGREEMENT

THIS USER AGREEMENT IS EFFECTIVE UPON ACCEPTANCE FOR NEW USERS

1.    INTRODUCTION

The terms under which Snowtrack provides you with access to and use of our Services are outlined in this User Agreement, as well as any additional policies and terms presented on and in our websites, programs, tools, and services (collectively, "Services"). A description of our policies is available. This User Agreement incorporates the terms of use for the website, its rules, and any other terms that are displayed on or in our services. By using our services or gaining access to them, you agree to abide by all of the terms stated in this user agreement.

You are entering into a contract with Destiny Brothers Private Limited, doing business as SNOWTRACK PRIVATE LIMITED. The physical address of this entity is REDCROSS BUSINESS CENTRE, GWANDA, ZIMBABWE. Both of these entities are referred to as SNOWTRACK, both individually and collectively.

2.    ABOUT SNOWTRACK

SNOWTRACK is a marketplace that enables users to use a range of pricing formats to offer, sell, and purchase items and services in different geographic regions. Neither is SNOWTRACK a traditional auctioneer nor is it a party to contracts for sale between third-party sellers and buyers..

Any advice that SNOWTRACK offers as part of our services such as that related to sourcing, pricing, and listings purely advisory, and you are free to choose whether or not to heed it. Through a number of initiatives, we might be able to assist in mediating disputes between buyers and sellers. The existence, quality, safety, or legality of items advertised; the veracity or accuracy of user content or the listings; the competence of sellers to sell their items; the ability of buyers to pay for items; or the fact that buyers or sellers will actually complete a transaction or return an item are all outside the purview of SNOWTRACK, unless otherwise expressly provided.

3.     USING SNOWTRACK

You agree to abide by this User Agreement, our terms, our policies, and every applicable regulation, rule, and law in relation with accessing or utilising our services. You will not:
•    Use our services if you are unable to form lawfully binding contracts (for example, if you are under the age of 18), if you are temporarily or permanently suspended from using our services, or if you are a person with whom transactions are prohibited;
•    Fail to pay for items you purchase, regardless of you may have a valid reason as set out in Snowtrack policy, such as where the seller has substantially changed the item's description after you purchase;
•    Fail to deliver items you sell, even though you may have a valid reason as set out in Snowtrack policy;
•    Disclose your login information with any third parties
•    Move your Snowtrack account and user ID to another party without our permission
•    Take any action that would jeopardize the feedback or rating systems.
•    Share or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes
•    Create listings, post, or upload content in inappropriate categories or areas on our sites
•    Post false, inaccurate, misleading, deceptive, libellous, or other content
•    Send viruses or any other technologies that may harm Snowtrack or the interests or property of users
•    Use any robots when spiders, scraper, machine learning techniques, information gathering and extraction tools, or other automated tools to access our Services for any purpose, unless Snowtrack has given prior express permission in advance.
•    Get beyond any technological safeguards put in place to deliver our services
•    Obstruct the proper operation of our services, for example, by placing an excessively heavy or unjustified demand on our infrastructure
•    Violate any copyright, trademark, patent, publicity, moral, database, and/or other Snowtrack-owned or licenced intellectual property rights (collectively, "Intellectual Property Rights"). Reproducing, performing, showing, disseminating, copying, reverse engineering, decompiling, disassembling, or creating derivative works using Snowtrack or third-party content are some, but not all, of the acts that may be considered infringement.
•    Advertise any Snowtrack application or any information, data, or software associated with such an application without Snowtrack's prior express permission
•    Harvest or otherwise collect or use information about users without their consent;
•    Violate any third-party intellectual property rights that are affected by your use of our Services; or post content that is not your own

Vendors need to fulfil Snowtrack's minimal performance requirements. If merchants don't meet these requirements, Snowtrack may charge them extra fees and/or restrict, limit, suspend, or downgrade their seller account.

If we suspect that you are abusing Snowtrack and/or our services in any way, we reserve the right to limit, suspend, or terminate your user account(s), your access to our services, delay or remove hosted content, eliminate any special status linked to your account(s), remove, demote, or not display listings, decrease or cancel any discounts, and take technical and/or legal action to stop you from using our services. All of these actions are done at our sole discretion and do not affect your other rights. Unofficial accounts or accounts which have not been used for a long time may be cancelled by us. Furthermore, we maintain the right, at our sole discretion, to reject, alter, or stop providing either all or a portion of our Services to anybody.

4.     POLICY ENFORCEMENT

In applying our policies in the event of a buyer or seller dispute, we may take into account the user's past performance as well as the particulars. To act in the best interests of both buyers and sellers, we can decide to be more lax in enforcing the rules. Nothing in the above restricts or lessens our ability to refuse, alter, or end this agreement with anybody for any reason at our sole discretion, or to stop providing any or all of our Services.

5.     FEES

Sellers are responsible for settling transactional costs which is part of liquidation fees for Pay-now, bank charges and IMTT. (percentages vary over time). Snow track will not charge sellers any amounts. Our costs for selling goods and services are stated on our Payment of Use page. We may adjust our selling fees from time to time by announcing the changes on the Snowtrack site fourteen (14) days in advance. However, no advance notice is required for short promotions or any changes that result in the lowering of fees.

6.     LISTING CONDITIONS

When you use our services to post an item for sale, you acknowledge and agree that:
•    You are solely responsible for the item provided and the truth and integrity of the listing
•    It can take a few hours (or as long as twenty-four hours in some cases) for people to search for your listing by keyword or category. Snowtrack disclaims all liability regarding the duration of listings, and reserves the right to alter, conceal, or remove any content that contravenes its policies.
•    We may update product information linked to listings to add, delete, or correct information.
•    Our goal is to establish a marketplace where consumers may locate what they're looking for. Therefore, a number of factors, such as the buyer's location, search query, browsing site, and history; the item's location, listing format, price and terms of service, end time, history, and relevance to the user query; the seller's history, including listing practices, Snowtrack policy compliance, feedback, and defect rate; and the number of listings matching the buyer's query, will all affect how listings appear or are arranged in search and browse results.
•    Regardless of the buyer's selected sort order, a listing might not show up in some search and browse results in order to promote a favourable user experience.
•     In accordance with our Payments methods policy, Snowtrack may mandate the use of specific payment methods for things that are offered or sold at specific price points, fall under specific programme categories, or are listed in particular categories.
•    If the sale of a product is forbidden by law or regulation, or if a governmental agency designates the product as posing a health or safety threat, you will not sell it and will immediately remove all listings for any product recalled by a manufacturer or government department. Snowtrack disclaims all liability and responsibility for the functionality or safety of any goods you list or sell through our services, including any product that is recalled. Any non-conformity or flaw in, or adherence to, any recall, whether public or private, pertaining to any goods you list or sell through our services is entirely your responsibility,
•    Corporate family members or collaborating third-party operators of websites, applications, services, and tools may publish and promote your listings on Snowtrack, along with connected content including usernames, product reviews, and feedback.
•    ACCESS TO OUR SERVICES DOES NOT ENTIRELY BUY EXCLUSIVE RIGHTS
to item exposure. In our sole discretion and without the sellers' permission or payment, reduction in price, or other credit, we may display third-party advertisements (including links and references thereto) or other content in any section of our Services, including listings

7.     PURCHASE CONDITIONS

By using our services to purchase an item, you acknowledge and accept that:
•    You are in charge of reading the entire item listing before agreeing to buy;
•    When you buy an item, you enter into a legally binding contract to acquire the item; and
•    You commit to buying the item.

NB: BUYERS (BENEFICIARIES) ARE ENCOURAGED TO COLLECT THEIR GOODS WITHIN 48 HOURS FROM THE TIME OF PURCHASE. SELLERS WILL RECEIVE THEIR FUNDS WITHIN 48 HOURS FROM THE TIME OF PURCHASE.

8.     HOLDS AND RESTRICTED FUNDS

As stated in the Payments Terms of Use, Snowtrack Payments Entities may limit access to your cash in order to shield Snowtrack from liability for your conduct as a vendor.

9.     AUTHORIZATION TO CONTACT YOU: RECORDING CALLS; ANALYZING MESSAGE CONTENT

At any phone number you have given us, Snowtrack may use autodialed or prerecorded calls and text messages to reach you for the following purposes:
(i) Account notification
(ii) Account troubleshooting
(iii) Dispute resolution
(iv) Debt collection
(v) Opinion polling via surveys or questionnaires; or
(vi) As otherwise required to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you.

For marketing purposes, Snowtrack may also reach out to you through text messages and calls that are autodialed or prerecorded (e.g., offers and promotions).

Your phone number might be disclosed by Snowtrack to its approved service providers. If Snowtrack gives permission, these service providers may use autodialed or prerecorded calls and SMS messages to get in touch with you for the aforementioned purposes. For quality assurance and training purposes, or for its own protection, Snowtrack may, at its discretion and without further notice or warning, monitor or record phone conversations you or anyone acting on your behalf have with Snowtrack or its agents.

10.     PRIVACY OF OTHERS; MARKETING

You acknowledge that if Snowtrack gives you information on another user, you will only use it for the intended purposes. Information about a user may not be given to a third party for uses unrelated to our services. Furthermore, you may only utilise Snowtrack Services and send marketing communications to users who have given their approval in compliance with applicable legislation.

11.     DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Although we make every effort to ensure the safety, security, and effective operation of our services, we are unable to guarantee their continuing operation or accessibility. It's possible that Snowtrack's applications won't update goods/goods or provide other notification features instantly. There may be delays in this capability that are not within Snowtrack's control. You acknowledge that our services are being offered to you "AS IS" and "AS AVAILABLE" and that you are using them at your own risk. Consequently, we disclaim all stated and implied terms and conditions, including but not limited to implied warranties of merchantability, fitness for a specific purpose, and non-infringement, to the extent permissible by applicable law.

To the extent allowed by applicable law, Snowtrack will also not be liable to you or any third party under any legal framework or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are specifically excluded from this agreement regardless of whether Snowtrack was informed of them or not. Without limiting the generality of the foregoing, you agree not to hold us liable for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from our parent company, subsidiaries, affiliates, officers, directors, agents, and employees. We also negate all liability for any such losses from:
•    Any content you provide (directly or indirectly) through our services;
•    Your use of or inability to use our services;
•    Pricing, format, or other guidance provided by Snowtrack;
•    Delays or disruptions in our services;
•    Viruses or other malicious software obtained by accessing or linking to our services;
•    Any glitches, bugs, errors, or inaccuracies of any kind in our services;
•    Damage to your hardware device from using any Snowtrack service;
•    Third-party content, actions, or inactions;
•    The length of time or format in which your listings appear in search results, as specified in the Listing Conditions section above;
•    Any action taken against your account or for violating the Using Snowtrack section above;
•    The requirement that you alter your behaviour, practices, or content; or
•    Your loss of or incapacity to conduct business as a result of modifications to this User Agreement or our policies.

Despite the foregoing paragraphs, in the event that we are found to be liable, the maximum amount of liability we will incur towards you or any third party will be (a) any amounts owed under Snowtrack up to the amount the item sold for on Snowtrack (plus any applicable sales tax); or (b) the total amount of fees in dispute, not to exceed the total amount of fees you paid us in the year before the action that resulted in the liability.

12.     RELEASE

In the event that you have a disagreement with one or more users, you release us (as well as our affiliates and subsidiaries, as well as our officers, directors, employees, and agents) from any and all claims, demands, and damages (actual and consequential) of any kind that may arise from or be related to such disputes. You hereby irrevocably renounce any statutory or other protections that would otherwise restrict the coverage of this release to claims that you may have known or believed to be in your favour at the time you agreed to this release.

13.     IDEMNITY

You agree to defend and hold us (together with our affiliates and subsidiaries, as well as our officers, directors, employees, and agents) harmless against any demand or claim made by a third party resulting from or arising out of your violation of this User Agreement, your improper use of our Services, your violation of any law or third party's rights, and/or any other reason.

14.     LEGAL DISPUTES

PLEASE TAKE CARE TO READ THIS SECTION. It impacts your rights and will significantly influence the resolution of any claims you and Snowtrack may have against one another.
The phrase "related third parties" in this Legal Disputes section refers to your and Snowtrack's respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, and employees and agents of each of these entities. The terms and conditions set forth in this Legal Disputes section shall govern the resolution of any claim or dispute at law or equity that has arisen, or may arise, between you and Snowtrack (or any related third parties) regarding any matter pertaining to or arising out of this User Agreement or any prior versions thereof, your use of or access to the Services, the actions of Snowtrack or its agents, or any goods or services sold or purchased through the Services.

A. APLICABLE LAW
You consent that this User Agreement and any claim or dispute that has arisen or may arise between you and Snowtrack will be governed by this User Agreement, unless otherwise specified in this User Agreement, and will be governed by the laws of the Republic of Zimbabwe, regardless of conflict of laws principles.
B. Agreement to Arbitrate
Both you and Snowtrack agree that final and binding arbitration will be the only means of resolving any disputes or claims that have arisen or may arise between you and Snowtrack (or any related third parties) regarding anything related to or arising out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of Snowtrack or its agents, or any goods or services sold, offered, or purchased through our Services.

Alternatively, if your claims are eligible and as long as the case stays in small claims court and only progresses on an individual (non-class, non-representative) basis, you may bring your claims there. The interpretation and enforcement of this Agreement to Arbitrate shall be governed by the laws of Zimbabwe and the Zimbabwean court, without reference to issues of conflict of laws.
1. Prohibition of Non-Individualized Relief and Class and Representative Actions
You and SnowTrack agree that neither of us may bring claims against the other except on an individual basis, and not as a representative or private attorney general action or proceeding, nor as a plaintiff or class member in any purported class action. The arbitrator may not consolidate or join the claims of more than one person or party, or in any other way preside over any type of consolidation, representation, class action, or private attorney general proceeding, unless both you and Snowtrack agree otherwise.. Additionally, only the individual party seeking relief may be awarded relief (including monetary, injunctive, and declaratory relief) and only to the extent required to fulfil that party's individual claim(s). Awarded relief cannot have an impact on other users. A court may separate a particular claim or remedy request (and only that particular claim or remedy request) from the arbitration and allow it to be brought in court, subject to your and Snowtrack's right to appeal the court's ruling, if the court determines that applicable law precludes enforcement of any of this paragraph's limitations with regard to that particular claim or remedy request (such as a request for injunctive relief). Arbitration will be used for all other claims.
2. Arbitration Procedures
A lawsuit in court is more official than arbitration. Court review of an arbitration ruling is extremely limited, and arbitration uses a neutral arbiter rather than a judge. On an individual basis, an arbitrator can grant the same damages and remedies that a court can grant to a person. The User Agreement's terms should be applied by an arbitrator in the same way as by a judge. A court of competent jurisdiction shall decide all issues, with the exception of those pertaining to arbitrability, the extent or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief").

The Arbitration will be administered in pursuant with Zimbabwean arbitration laws only.

A party wishing to pursue arbitration must first deliver The Notice to Snowtrack to the other party by certified mail at veliledube03@gmail.com or nyathitolvish@gmail.com. It is your duty to maintain your physical address current. Snowtrack will send any Notice to the physical address we have on file linked to your Snowtrack account. The Notice must be personally signed by you, and it must contain all the information requested on the Notice form, such as your account phone number and email address, a description of the nature and basis of your claims, and the precise remedies you are seeking.

Either you or Snowtrack may begin arbitration procedures in line with Zimbabwean law if you and Snowtrack are unable to settle the claims outlined in a valid Notice within 30 days of Snowtrack receiving that Notice. We will mail a copy of the completed form to the physical address we have on file for your Snowtrack account in the event that Snowtrack starts an arbitration against you. You and Snowtrack may not reveal any settlement offer to the arbiter.

The arbitrator will uphold all legally recognised rights of privilege and determine the merits of each and every claim in conformity with applicable law, including established equity principles. To the extent required by relevant law, the arbitrator is bound by decisions made in earlier arbitrations involving the same Snowtrack user, but not by decisions made in earlier arbitrations involving other users. The arbitrator's decision is final and legally enforceable, and any court with jurisdiction over the parties may enter judgement on the arbitrator's decision.
3. Costs of Arbitration
Unless otherwise specified in this Agreement to Arbitrate, payment of all filing, administrative, and arbitrator fees shall be regulated by the rules of Zimbabwean Arbitration. At your request, Snowtrack will pay all administrative and arbitrator fees related to the arbitration if you followed the Notice of Dispute procedures in Section 2 of this Agreement ("Arbitration Procedures") and the relief sought is valued at $1000 or less. Along with your Demand for Arbitration, Snowtrack should address any requests for payment of fees to the arbiter. Snowtrack will then arrange to pay the arbitrator and administration fees directly to the Arbitration board. You agree to reimburse Snowtrack for all fees related to the arbitration that Snowtrack paid on your behalf and that you otherwise would have been required to pay under the Zimbabwean Arbitration rules in the event that the arbitrator finds the claim or claims you assert in the arbitration to be frivolous.
4. Severability
If an arbitrator or court rules that any portion of this agreement to arbitrate is invalid or unenforceable, the remaining portions of this agreement to arbitrate will still be in effect, with the exception of any clauses in Section 1 of this agreement to arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief").
5. Future Amendments to the Agreement to Arbitrate
You and we agree that, notwithstanding anything in the User Agreement to the contrary, any amendment we make to this Agreement to Arbitrate (apart from changing any notice address or website link provided herein) will not apply to any claim filed in a lawsuit against Snowtrack before the amendment takes effect. Any other disagreements or claims between you and Snowtrack that are covered by the Agreement to Arbitrate will be subject to the modification. Any changes to this Agreement to Arbitrate will be communicated to you by email notification and by posting the updated terms on www.snowtrack.shop at least thirty days prior to the changes taking effect. You have 30 days to close your account if you disagree with the updated conditions, after which you won’t be obligated to follow them.

C. Judicial Forum for Legal Disputes You agree that any claim or dispute between you and Snowtrack will be resolved by the Zimbabwean courts with competent jurisdiction if the above Agreement to Arbitrate is found not to apply to you or to a specific claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order..

15.     GENERAL

A provision of this User Agreement may be declared unlawful, void, or unenforceable for any reason; provided, however, such provision shall be severed and the legality and enforceability of the remaining terms shall be unaffected. This User Agreement may be assigned at our sole discretion; in such a case, notice will be posted on www.snowtrack.shop Headings do not restrict the breadth or scope of a section; they are merely there for reference. We retain the right to take action in response to any subsequent or comparable breaches by you or others even if we choose not to take action in response to the first one. We do not promise that we will prosecute every user agreement violation.