Terms of Service | SIT&SORT

Effective: 11 January 2025

PLEASE READ THESE TERMS CAREFULLY. SECTION 15 INCLUDES A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER AND SECTION 17 INCLUDES A CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES ARE RESOLVED.

1. Acceptance of Terms; Modifications.

These Terms of Service (the “Terms”) are a binding legal agreement between you and Sit & Sort. The Terms govern your use of our software applications, resources and services for pet owners and pet service providers to find each other, communicate with each other, and arrange for the provision of pet care services, and other organisation services we offer. The Terms govern all use of the Sit&Sort Service, whether you access it from our website at https://www.sitsort.com (including any subdomain or localized version) (the “Site”), our mobile websites, our Facebook application, our Instagram application, or any other access point we make available to you. BY AGREEING TO THESE TERMS WHEN USING THE SIT&SORT SERVICE, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE SIT&SORT SERVICE.

You understand and agree that we may change the Terms from time to time, and that any such changes will be effective (except as otherwise described in Section 15.10 below) when we post the modified Terms on the Service, unless otherwise required by applicable law. Your continued access and use of the Sit&Sort Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.

2. Sit&Sort Service.

2.1 Nature of the Sit&Sort Service. The Sit&Sort Service consists of a desktop Web application, mobile applications, and other related tools, support and services that Clients can use to find a trusted pet care services, emergency support services & organisation services. We charge fees for different aspects of the Sit&Sort Service, as described below in Section 8.

2.2 Transactions are between Clients and Sit&Sort. Except for the limited refunds (specified in Section 8.6), you agree that Sit&Sort has no liability for damages associated with Pet Care Services which may include bodily injury to, or death of, a pet.

2.3 Bookings. Clients and Sit&Sort transact with each other when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Pet Care / Home Organisation Services via the booking procedure with Sit&Sort. A Booking may be initiated by a Client by email / chat box selecting the type(s) of Services to be provided and then following the prompts that appear on-screen. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. Once you complete a Booking, you agree to honour the price and other terms of that Booking, as acknowledged in the Booking confirmation.

2.4 Clients are Solely Responsible for Evaluating Service Providers. Pet Owners are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Please visit the testimonials page for clarity on making informed decisions about engaging with Sit&Sort.

2.5 Abandoned Pets; Re-homing. Pet Owners who arrange for Pet Care Services and fail to retrieve their pet after the service period identified in a Booking agree that Sit&Sort may, in sole discretion, place the pet in foster care, transfer care to animal control or other law enforcement authorities, or find other alternate care. Pet Owner agrees to reimburse Sit&Sort for all costs and expenses associated with such actions. Sit&Sort will use its best judgment to find alternative care for the pet until the Pet Owner is able to retrieve his/her pet. If you are a Pet Owner, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Sit&Sort in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by Sit&Sort in connection with such transfer.

2.6 Emergencies. We recommend that Pet Owners give Sit&Sort their contact information where they can be reached in the event medical care for a pet becomes necessary. Sit&Sort agree to immediately contact Pet Owners in the event such care becomes necessary or, if the Pet Owner is not available, to contact the emergency contact on the provided telephone number or email address given. If you are a Pet Owner, you hereby authorize your Sit&Sort to obtain and authorise the provision of veterinary care for your pet if you cannot be reached to authorise care yourself in an emergency situation. In such case, you also authorise your pet’s veterinarian(s) to release your pet’s veterinary records to Sit&Sort. If Sit&Sort reaches you with a request to authorise medical care for your pet and you refuse, you release Sit&Sort for any injury, damage or liability arising from failure to seek such care, including from reimbursement. Pet Owners are responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorise Sit&Sort to charge your credit card or other payment method for such costs. In certain circumstances, a Pet Owner may be eligible for reimbursement (see 8.4). Sit&Sort recommends that all users have adequate pet insurance to cover the costs of veterinary care.

3. Certification of Compliance with Applicable Law.

By accessing and using the Sit&Sort Service, you certify that you: (1) are at least 18 years of age, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Sit&Sort Service.

For Pet Owners, this means, among other things, that you will ensure that your pets are vaccinated, licenced, identification-tagged and/or microchipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the pets whose care you entrust to Sit&Sort Service Providers (and that such policies will benefit third parties, including Sit&Sort, to the same extent they benefit you).
For Sit&Sort, this means that you certify that you are legally eligible to provide Pet Care Services in the jurisdiction where you provide Pet Care Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licences, business tax registrations, and permits necessary to provide Pet Care Services legally; and that, when providing Pet Care Services, you will comply with applicable leash, pet waste disposal, and similar laws.

4. Use of the Sit&Sort Service; Suspension.

4.1 Your Conduct on the Sit&Sort Service. When you use the Sit&Sort Service, you agree:

To use the Sit&Sort Service only in a lawful manner and only for its intended purposes.
Not to use the Sit&Sort Service to arrange for the care of: (a) exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators, horses or other livestock; (b) any animal whose ownership or third-party care is prohibited under applicable law; or (c) any animal that has a history of, or which has been trained for, attacks on pets or people.
Not to submit viruses or other malicious code to or through the Sit&Sort Service.
Not to use the Sit&Sort Service, or engage with other users of the Sit&Sort Service, for purposes that violate the law.
Not to use the Sit&Sort Service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Sit&Sort Service.
Not to use the Sit&Sort Service for purposes of competing with Sit&Sort or to promote other products or services.
Not to post reviews that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
Not to post “spam” or other unauthorised commercial communications.
To use the Sit&Sort Service only for your own purposes, and not to impersonate any other person.
Not to transfer or authorise the use of your account for the Sit&Sort Service by any other person, or to engage in fraudulent transactions.
Not to provide false information in your registration for the Sit&Sort Service, or to create multiple or duplicate accounts.
Not to interfere with our provision of, or any other user’s use of, the Sit&Sort Service.

4.2 Suspension and Termination. You understand and agree that we have no obligation to provide the Sit&Sort Service in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Sit&Sort Service: (1) if in our discretion your conduct on the Site or Sit&Sort Service is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) if necessary in our discretion to protect Sit&Sort, its users, pets, or the public. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.

5. Privacy.

Our collection and use of your personal information on the Sit&Sort Service is described in our Privacy Statement. By accessing or using the Sit&Sort Service, you acknowledge that you have read and understand the Privacy Statement.

6. Your Content.

6.1 Your Content. We may ask to submit or upload text, photographs, images, videos, reviews, information and materials relating to you on the Sit&Sort Sites and may ask you to participate in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, photos including before and after organisation completion, your pets and reviews of our services.

6.2 Licence. Except for the limitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant Sit&Sort an irrevocable, perpetual, non-exclusive, fully paid worldwide licence to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Sit&Sort Service, and to sublicence these rights to third parties.

6.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Sit&Sort and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the licence in Section 7.2 and the other provisions of these Terms.

6.4 Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the licence in Section 7.2 and make the release in Section 7.3 with respect to Your Content; (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.

6.5 Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Sit&Sort Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content.

6.6 Reviews. The Sit&Sort Service may provide the ability to leave public and/or private reviews of users or their pets. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Statement and that Sit&Sort has no obligation to preserve or indefinitely store any reviews. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Sit&Sort Service at any time.

7. Telephone, Text and Mobile Communications.

Telephone Number Changes. In the event you deactivate a mobile phone number provided to us, you agree to update your contact information promptly to ensure that messages are not sent to the person who acquires your old number.

8. Fees & Payment.

8.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, the Sit&Sort Service are listed and payable in local currency.

8.2 Client Fees. Clients may purchase Pet Care & Organisation Services from Sit&Sort by completing a Booking as described in Section 2.3. As a client, you enter into a transaction with Sit&Sort when you accept a Booking, and you agree to pay the total amount indicated in the Booking. Sit&Sort is fully responsible for performing all Pet Care & Organisation Services. Where required by law, the amount charged will be inclusive of applicable taxes. Once the Booking is completed by both parties, you agree to honour the price set forth in your Booking. We will collect payment from the Client at the time of Booking and (except to the extent of any payment hold pursuant to (See 8.5) initiate payment to the Service Provider’s account 48 hours after completion of the service period indicated in the Booking.

8.3 Late Fees and Additional Charges. If you are a Pet Owner, you acknowledge and agree that, if you fail to retrieve your pet at the end of the service period agreed in a Booking, you will be charged for additional service time (pro rata for each partial late day) at the daily rate established in the Booking. In addition, you agree to indemnify Sit&Sort for, and agree that we may charge your credit card or other payment method for, any additional costs and expenses we may incur as a result of your failure to retrieve your pet at the end of the service period agreed in a Booking.

8.4 Cancellations & Refunds.

Cancellations by us. If we cancel a Booking prior to or during the service period identified in the Booking, we will refund the fees paid by the Client for Services not provided.
Cancellations by the Client. If a Client cancels a Booking prior to or during the service period specified in a Booking, we will refund fees in accordance with the cancellation policy of the Sit&Sort Service. Clients are made aware of the cancellation policy prior to Booking.
Discretionary Refunds for Failure to Perform. In our reasonable discretion, if we determine that Sit&Sort have failed to provide Services as agreed with the Client or is otherwise in breach of these Terms, then we may cancel a Booking and/or issue a full or partial refund to the Client.

8.5 Authorisation to Charge. When you pay for any service provided by Sit&Sort, you will be required to provide us with valid, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding, confirmed Bookings. You authorise us to charge your credit card or other payment method for fees you incur on the Sit&Sort Service as they become due and payable, and to charge any alternative payment method Sit&Sort has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that Sit&Sort will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via the Sit&Sort Service are non-refundable once paid.

9. Copyright Infringement.

Sit&Sort follows the procedures of the Digital Millennium Copyright Act. We will respond to claims of copyright infringement that are reported in accordance with this Section. It is our policy, in appropriate circumstances, to deactivate or terminate the access of users who repeatedly infringe or are repeatedly charged with infringing others’ copyrights or other intellectual property rights.

If you believe in good faith that your copyrighted work has been infringed by content posted on the Sit&Sort Service, please provide our designated copyright agent with a written notice that includes all of the following information:

A description of the copyrighted work you believe to have been infringed;
A description of the URL or other location on our Site of the material you believe to be infringing;
Your name, mailing address, telephone number and email address;
A statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
An electronic or physical signature of the person authorised to act on behalf of the copyright owner.

10. Third Party Services, Links.

The Sit&Sort Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

11. Indemnity.

TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SIT&SORT HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE SOLICITORS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the Sit&Sort Service; (2) breach of these Terms; (3) disputes with other users of the Sit&Sort Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your pet or pets in your care; (6) Your Content; or (7) your use of any Background Check or Identify Verification information in violation of any applicable law. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.

12. Intellectual Property.

12.1 Sit&Sort Service. Sit&Sort and its licensors retain all right, title and interest in and to the Sit&Sort Service, the technology and software used to provide it, all electronic documentation and content available through the Sit&Sort Service (other than Your Content), and all intellectual property and proprietary rights in the Sit&Sort Service and such technology, software, documentation and content. Except for your rights to access and use the Sit&Sort Service set forth in these Terms, nothing in these Terms licences or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Sit&Sort Service any feedback or suggestions for improvement that you provide to us concerning the Sit&Sort Service, without any obligation of compensation.

12.2 Sit&Sort Trademarks. Sit&Sort owns all rights in and to its trademarks, service marks, brand names and logos (the “Sit&Sort Marks”). As a condition of your use of the Sit&Sort Service and the foregoing licence, you agree that (1) you have no ownership rights in the Sit&Sort Marks and all goodwill associated with your use of the Sit&Sort Marks inures solely to the benefit of Sit&Sort, (2) such licence immediately terminates upon your ceasing to be a Client in good standing, whether at your own option or because Sit&Sort suspends or terminates your rights to use the Sit&Sort Service, (3) Sit&Sort may terminate your right to use any and all Sit&Sort Marks at any time for any or no reason in Sit&Sort sole discretion, and (4) you will not adopt or use any Sit&Sort Marks other than as explicitly authorised by Sit&Sort, and you will not use, register, or apply to register the Sit&Sort Marks, the term SIT&SORT, or any other term that includes the term SIT&SORT, or any other similar term, as a business name, trade name, trademark, domain name, social media profile name, or any other indicator of source.

13. Warranty Disclaimer for the Sit&Sort Service.

The information and materials found on the Sit&Sort Service, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Sit&Sort Service, but not directly by Sit&Sort, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIT&SORT DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE SIT&SORT SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SIT&SORT; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SIT&SORT SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SIT&SORT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SIT&SORT SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

14. Limitation of Liability.

14.1 Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in no event will Sit&Sort be liable to you for any indirect, special, incidental, or consequential damages, including travel expenses, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Sit&Sort Service, including without limitation damages related to any information received from the Sit&Sort Service, removal of your profile information or review (or other content) from the Sit&Sort Service, any suspension or termination of your access to the Sit&Sort Service, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Sit&Sort Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

14.2 Limit on Our Liability to You. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL SIT&SORT’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE SIT&SORT SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO SIT&SORT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID SIT&SORT FOR THE USE OF ANY SERVICES, THE AMOUNT OF £100.00 GBP. (Any financial obligations Sit&Sort may have to its users in connection with user conduct are limited to the reimbursement obligations set forth during the initial transaction.

14.3 No Liability for non-Sit&Sort Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIT&SORT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SIT&SORT SERVICE, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE SIT&SORT SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE SIT&SORT SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.

15. Arbitration Agreement and Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY, AS IT PRESCRIBES HOW DISPUTES BETWEEN US WILL BE RESOLVED. IF YOU RESIDE WITHIN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM, THIS SECTION APPLIES ONLY TO BUSINESS CUSTOMERS (NOT “CONSUMERS”). IF YOU ARE A CONSUMER RESIDING WITHIN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM, PLEASE SEE SECTION 18.

15.1 Arbitration Agreement; Claims. This Section 15 is referred to as the "Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 15.9 below, you and Sit&Sort (together, the “Parties”) agree that any and all disputes or claims that arise between you and Sit&Sort relating to the Sit&Sort Service, interactions with others on the Sit&Sort Service, or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims, will be resolved as set forth in this Arbitration Agreement. “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims brought by Sit&Sort arising out of or related to a violation of Section 4.1, above, (3) claims in which either party seeks injunctive or other equitable relief for alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents) or emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack), and (4) claims that an arbitrator determines cannot be made subject to arbitration as described in Section 15.2 below.

15.2 Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you and Sit&Sort agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court (except as specifically permitted in Section 15.5) in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. You and Sit&Sort agree that the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims. If there is a final determination by the arbitrator (or the court, if required by law) that applicable law precludes enforcement of the Arbitration Agreement as to any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy will be severed and stayed pending arbitration of the remaining claim, cause of action or requested remedy.

15.3 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SIT&SORT AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SIT&SORT AGREE OTHERWISE, YOU AGREE THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR OR COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SIT&SORT SERVICE USERS. Notwithstanding any other provision of this Arbitration Agreement or the Rules (as defined in Section 15.5), disputes regarding the interpretation, applicability, or enforceability of this Section 15.3 may be resolved only by a court and not by an arbitrator. In any case in which (a) the dispute is filed as a class, collective, or representative action and (b) there is a final judicial determination that this Section 15.3 is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then: (i) that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and stayed; (ii) this Section 15.3 shall be enforced in arbitration on an individual basis as to all such remaining claims or remedies to the fullest extent possible; and (iii) the stayed claims and/or remedies may be brought in a court of competent jurisdiction after all remaining claims are resolved by the arbitrator.

15.4 Pre-Arbitration Dispute Resolution. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. Before you commence arbitration, you must first contact us in writing to explain your complaint via email and give us an opportunity to work with you to resolve it. You or your legal representative, if you have one, may contact us on syrena@sitsort.com. Your written complaint must include your name, email address, a detailed description of the nature and basis of the dispute, and the specific relief sought. Your written complaint must be on an individual basis and personally signed by you. For any dispute that Sit&Sort initiates, a written complaint will be personally signed by the Sit&Sort representative and sent to your email address. If the issue is not resolved within 30 days after receipt of the written complaint, either party may initiate arbitration as specified in Section 15.5 “Arbitration Procedures”.

15.5 Arbitration Procedures. As used in this Section 15, the applicable arbitration rules described below are referred to collectively as the “Rules”.

Non-US Disputes. For non-US disputes, the arbitration will be conducted in English by a neutral arbitrator in accordance with the applicable Rules of the International Centre for Dispute Resolution in effect at the time a claim is made, currently available at https://www.icdr.org/icdrcanada or https://www.icdr.org/rules_forms_fees.

In all cases, the arbitrator will decide the substance of all claims in accordance with law as specified in Section 16, below, including recognized principles of equity, and will honour all claims of privilege recognized by law. The arbitrator shall dismiss an arbitration demand on the pleadings if it does not contain sufficient factual matter to state a claim to relief that is plausible on its face. Any arbitration demand must be personally signed by you or by the Sit&Sort representative. The arbitration will be held in the county in which you reside or at another mutually agreed location.

All Rules, as modified by this Arbitration Agreement, are incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control, unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator also must follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 14. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, providing a concise written statement of the essential findings and conclusions on which the award is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons.

The arbitrator will not be bound by rulings in prior arbitrations involving different Sit&Sort users, but will be bound by rulings in prior arbitrations involving the same Sit&Sort user to the extent required by applicable law. As limited by applicable law, these Terms and the applicable Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.

15.6 Costs of Arbitration. Payment of all filing, administration, case management, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the applicable Rules. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. At the end of any arbitration, the arbitrator may award reasonable solicitor’s fees and costs or any portion thereof to either party upon determining that the claim, cross-claim, or defence is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)) to the extent authorised by applicable law.

15.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all Parties.

15.8 Severability. If any term, clause or provision of this Section 15 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 15 will remain valid and enforceable, provided that if the finding of partial invalidity or unenforceability results in a final determination that the class action waiver set forth in Section 15.3 fails with respect to all of the claims in arbitration, then Section 15 will be unenforceable in its entirety.

15.9 Opt-Out Procedure. You can choose to reject your agreement to arbitration (Section 15.2) and your waiver of the right to bring or participate in class or representative actions (Section 15.3) by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section 15.9. The Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to syrena@sitsort.com. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and the class action waiver and Sit&Sort Service to which the opt-out applies. You must personally sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement and class action waiver. If you opt out of the agreement to arbitrate and the waiver of the right to participate in class and representative actions, none of the arbitration provisions will apply to you and you will not waive your right to engage in class or representative actions, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Arbitration Agreement and did not validly opt out of it. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 16.

15.10 Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Sit&Sort prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against Sit&Sort prior to the effective date of removal.

16. Governing Law and Jurisdiction.

16.1 For users in the EEA and the United Kingdom, the laws of England shall govern these terms, except that if you live in a country outside of England but within the EEA, certain mandatory applicable laws of your country will apply for your benefit and protection in addition to or instead of certain provisions of English law. Any dispute that arises between you and Sit&Sort must be resolved by the English courts or the courts in your country if you live in the EEA outside of England.

16.2 If you are a consumer in the European Economic Area, the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr provides information about alternative dispute resolution, which you may use if there is a dispute that cannot be resolved between you and the relevant party.

17. Class Action Waiver.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SIT&SORT AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SIT&SORT SERVICE USERS.

18. Force Majeure.

Sit&Sort shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, earthquakes, hurricanes, wildfires, floods, war, terrorism, riots, embargoes, fires, accidents, pandemics, disease, strikes, or other similar disasters. Also, in such an event, the cancellation policies described in Section 8.4 may not apply and Sit&Sort may, in its reasonable discretion, issue refunds under terms that vary from the standard cancellation policy.

19. Miscellaneous.

Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorised in writing by the party to be bound. These Terms are non-exclusive and do not prohibit Sit&Sort from offering services via other means or third parties. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. These Terms will continue to apply even after your relationship with Sit&Sort ends.

For questions or concerns about the Sit&Sort Service or these Terms, please contact us by email.