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Terms & Conditions

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THESE TERMS AND CONDITIONS CONTAIN A CLAUSE THAT WAIVES YOUR RIGHT TO FILE ANY CLASS, GROUP, OR REPRESENTATIVE CLAIM. THEY ALSO REQUIRE YOU TO RESOLVE ALL PAST, PENDING, AND FUTURE DISPUTES WITH US THROUGH INDIVIDUAL ARBITRATION, UNLESS YOU CHOOSE TO OPT OUT WITHIN THE DESIGNATED TIMEFRAME UNDER SECTION 12.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PLAY.

1. DEFINITIONS

The following terms shall have the meanings assigned to them:

  • “Content” means text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other material used, displayed or available as part of the Games and Platform.
  • “Customer Account” means an account held by a Registered Customer.
  • “Games” means published electronic games that involves interaction with the Platform for amusement.
  • “Participate” means playing any Games or using our Platform in any manner whatsoever, including any of the conduct described in clause 2 “License”.
  • “Platform” means any URL belonging to, or licensed to, the Company, and branded as part of the “SweepLuxe” family of games, including the website located at https://www.sweepluxe.com/, and all subdomains, subpages and successor sites thereof, as well as all Games, features, tools, and services available thereon.
  • “Player” or “You” or “Your” means any person who Participates, whether or not a Registered Customer.
  • “Registered Customer” means a Player who has successfully registered a Customer Account, whether that account is considered active or not.
  • “Service” means the availability and provision of the Games and the Platform that enable You to Participate.
  • “Terms and Conditions” means these terms and conditions, as amended from time to time.
  • “Third Party Platforms” means a third party website not controlled by Us.
  • “Gold Coins” means in-game tokens to play standard mode games. Gold Coins have no monetary or real value and cannot under any circumstance be exchanged for rewards.
  • “Super Coins” means in-game tokens which, from time to time, enables You to play specific promotional games. Super Coins can not be purchased, used only during promotions, if any, and have no real value.

2. YOUR PARTICIPATION

  1. Eligibility. You hereby declare and warrant that:
    • You are over 21 years of age, or such higher age as required in Your state or territory. At our sole discretion, we may require proof that You meet this condition in connection with Your use of the Service. Failure to comply with this condition will result in the closing of Your Customer Account and the loss of all virtual items accumulated through Your use of the Service;
    • You Participate in the Games solely as an individual for social and entertainment purposes only;
    • Your bank/payment account details will match the Customer Account holder’s data. Only a single person is eligible to use a single Customer Account;
    • You Participate in the Games on Your behalf and not on the behalf of any other person;
    • All information that You provide to Us during the term of validity of these Terms and Conditions is true, complete, and correct, and You will immediately notify Us of any change to such information;
    • You will not purchase Gold Coins from a business or corporate account, but only from a personal account held in Your name;
    • You will not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to Your or third parties’ Participation and You will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for Your Participation in any of the Games. The Company reserves the right to invalidate any Participation in the event of such behavior; and
    • In relation to the purchase of Gold Coins, You must only use a valid payment method (or credit card, where applicable) that lawfully belongs to You.
  2. It is a Player’s responsibility to ensure that their Participation is lawful in their jurisdiction. Any person who is knowingly in breach of clause 3 “License”, including any attempt to circumvent this restriction, for example, by using a VPN, proxy or similar service that masks or manipulates the identification of Your real location, or by otherwise providing false or misleading information regarding Your location or place of residence, or by Participating through a third party or on behalf of a third party located in a jurisdiction where it is unlawful to Participate, is in breach of these Terms and Conditions. Failure to comply with this condition will result in the closing of Your Customer Account and the loss of all virtual items accumulated through Your use of the Service. You also may be committing fraud and may be subject to criminal prosecution.
  3. Players are not permitted to access the Platform from several US States including, but not limited to, Washington, Idaho, Nevada, Michigan, Delaware, Mississippi, Connecticut, Kentucky, Montana, Vermont, New Jersey, New York, West Virginia, Maryland, and any other jurisdictions where the Games may be prohibited. The Company is entitled to limit access to specific Games for residents of the particular state in its sole discretion. In case, any purchases are made from the restricted territories, such purchases will be voided and refunded minus the administrative fee of up to 10% of the total purchases in addition to any other charges withheld by financial institutions, etc.
  4. Employees of the Company, its parent, affiliates, subsidiaries, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials, and their immediate family members (parents, children, siblings, spouse) are not eligible to enter.
  5. By accepting these Terms and Conditions, You agree that Your Participation is at Your sole option, discretion, and risk. You will have no claims whatsoever against the Company or any of its partners, or respective directors, officers, or employees in relation to any losses You incur.

3. LICENSE

  1. Subject to Your agreement and continuing compliance with these Terms and Conditions, the Company grants You a personal, non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to access and use the Platform, through a supported Web browser, solely for Your personal, private entertainment and no other reason. Use of the Platform and Service shall be solely for Your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which You are situated, You shall not be granted any license to use the Platform or Service, and must refrain from using the Platform or Service, as applicable.
  2. These Terms and Conditions do not grant You any right, title or interest in the Platform or Content.
  3. You acknowledge and agree that Your license to use the Platform is limited by these Terms and Conditions and if You do not agree to, or act in contravention of, these Terms and Conditions, Your license to use the Platform (including the Games and Content) may be immediately terminated.
  4. Where the Platform or any Game is deemed to be illegal under the laws of the jurisdiction in which You reside or are situated, You will not be granted any license to, and must refrain from accessing, the Platform or relevant Game.

4. YOUR CUSTOMER ACCOUNT

  1. Single Customer Account. You are allowed to have only one Customer Account, including any inactive Customer Account, on the Platform. If You attempt to open more than one Customer Account, We reserve the right to cancel or suspend all accounts You have opened or try to open without the prior notice.

    You must notify Us immediately if You notice that You have more than one registered Customer Account, whether active or not, on the Platform.

    We are required by law to store Your full name, date of birth and residential address.

    You are able to access Your Customer Account using a combination of login (email or phone) and password and/or social media authentication — via Facebook, Google.

    In the event You become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized use of Your Customer Account and/or Facebook and/or Google Login, You will immediately notify the Company and modify Your Customer Account and/or Facebook and/or Google Login;

    You are solely responsible for maintaining the confidentiality of Your Customer Account and/or Facebook and/or Google Login, and You will be responsible for all uses of Your Customer Account and/or Facebook and/or Google Login, including purchases, whether or not authorized by You;

    You undertake to monitor Your Customer Account and/or Facebook and/or Google Login to restrict use by minors, and You will deny access to anyone under the age of 21. You accept full responsibility for any unauthorized use of the Service by minors, and You acknowledge that You are responsible for any use of Your credit card or other payment instrument by minors.

    Any personal information You provide to Us, which may include Your name, birthdate and email address, will be held and used in accordance with the Company’s Privacy Policy. You agree that You will supply accurate and complete information to Us, and that You will update that information promptly after it changes.

    You agree that we are entitled to conduct any identification checks that we may reasonably to prevent cheating, fraud. Furthermore, You agree that the Company may use third party service providers to run external verification checks on Your Customer Account on the basis of the information provided by You.

  2. Accuracy. You are required to always keep Your registration details up to date. If You change Your address, email, phone number or any other contact details or personal information, contact Customer Support service (“Customer Support”) via email at contact@sweepluxe.com in order to update Your details. The name that You provide to Us at registration must be identical to that listed on Your government-issued identification. Please note that any changes to Your personal details may result in You having to resubmit any government-issued identification in order to verify Your identity. We are entitled to restrict Your access to the Platform in case You became resident of the restricted territories.
  3. Account Transfers. You are not allowed to transfer, sell and/or acquire Customer Accounts or any features of it. Any coins may only be used to play Games on the Platform; they have no “real world” value, and You are prohibited from seeking to sell, trade, or use them outside the Platform.
  4. Closing of Customer Accounts. You can formally request a Customer Account closure via email contact@sweepluxe.com, after Your Customer Account has been verified successfully. The closure is indefinite and can be revoked via a new formal request.

    In the case of the closure process, any coins will be voided based on an expiry period.

5. GAMES

  1. To play Games, the Player uses Gold Coins, which are an in-game token to play Games. Upon the registration, the Players get a decent amount of Gold Coins which they can expand by playing in-app Games or by accomplishing different tasks (everyday logging in, etc., in sole discretion of the Company) or they can buy various packs of Gold Coins. There are no real-value rewards, and no Gold Coins are exchangeable. All Gold Coins in a Customer Account at the time of termination of the Customer Account for any reason are canceled and expired as they do not have real value.
  2. From time to time, the Platform may run specific Games, playable with Super Coins. Any such promotions are subject to their own rules. All Games have their own rules. You shall read them before playing, understand them and adhere to.

6. PAYMENT PROCESS

  1. The current cost of Gold Coins is indicated on the Platform. The purchase of the Gold Coins is the purchase of a temporary license granted to You by Us that allows You to Participate in Games. Funds spent by the Player on the purchase of Gold Coins are not refundable under any circumstances. You shall notify us about any billing problems or discrepancies within 30 days from the date of Your purchase. Such a timeline shall be preclusive, You waive Your right to raise disputes at its end. You agree to reimburse us for any reversals, chargebacks, claims, fees, fines, penalties, or liabilities, including associated costs, arising from payments authorized or accepted through Your Customer Account. In case of issuing unreasonable disputes or chargebacks, we shall have the unilateral discretion to suspend You Customer Account.
  2. If the Player cannot utilize the Services due to technical issues on the Player’s part, the Company maintains the right, in its sole discretion, to refund paid commissions.
  3. The Player can use online banking or other payment methods listed in the order form to make purchases.
  4. It is the Player’s responsibility to give the Company complete and correct information regarding their payment information, as well as to notify them of any changes. If the Player’s payment information changes, the Player is entirely responsible for any payments using the old information.
  5. If You use a credit/debit card, online wallet and/or a financial/bank account to purchase the Services, the account/cardholder’s name must be the same as the name You used when registering Your Customer Account. We reserve the right to request documents and information to verify such ownership in order to prevent unauthorized payments.
  6. The Company reserves the right to review and alter the prices for its services unilaterally. The new Service rates take effect the minute they are posted on the Site.
  7. You may participate in any Game only if You have sufficient Gold Coins in your Customer Account. We do not provide any credits to purchase Gold Coins.
  8. We may assign minimum or maximum Gold Coins purchases from time to time as specified and offered on the Platform.

7.RESPONSIBLE SOCIAL GAMEPLAY

  1. The Company is committed to protecting Players and promoting responsible social gameplay as a policy of Player care and social responsibility according to Responsible Social Gameplay Policy (hereinafter — “RSG Policy”).Refer to it for more information.

8. FRAUDULENT CONDUCT

  1. You may not, directly or indirectly:
    • hack into any part of the Games or Platform through password mining, phishing, or any other means;
    • attempt to modify, reverse engineer, or reverse-assemble any part of the Games or Platform;
    • knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;
    • circumvent the structure, presentation or navigational function of any Game so as to obtain information that is not publicly available on the Platform;
    • engage in any form of cheating or collusion; or
    • Participate in or take advantage of, or encourage others to Participate in or take advantage of schemes, organizations, agreements, or groups designed to share:
      1. special offers or packages emailed to a specific set of players and exchangeable by URL; or
      2. identification documents (including, but not limited to, photographs, bills and lease documents) for the purpose of misleading the Company as to a Player’s identity.
    • use a Virtual Private Network (VPN) or proxy or any other software or device designed to change or hide the real location from which You are connecting to our Platform and Services. 1) VPNs, proxies, or altered IP addresses to bypass location restrictions, 2) false identity information, 3) multiple Customer Accounts under different names, will result in immediate Customer accounts termination and expiration of any in-game coins. If fraud is detected, the Company reserves the right to report violators to law enforcement and financial institutions.
    • use the Platform for any other unlawful activity.
  2. If You suspect any unlawful or fraudulent activity by another Player, please notify us immediately via email contact@sweepluxe.com.

9. INTELLECTUAL PROPERTY

  1. The computer software, the computer graphics, the Platform, and the user interface that we make available to You are owned by, or licensed to, the Company or its associates and protected by copyright laws. You may only use the software for Your own personal, uncommercial recreational uses in accordance with all rules, terms, and conditions we have established and in accordance with all applicable laws, rules, and regulations.
  2. You acknowledge that the Company is the proprietor or authorized licensee of all intellectual property in relation to any Content.
  3. Your use of the Games and Platform does not provide You with any intellectual property rights in the Content, Games, or Platform.
  4. You grant the Company, and represent and warrant that You have the right to grant us, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way we see fit, any information, images, videos, comments, messages, music or profiles You publish or upload to any website or social media page controlled and operated by the Company.
  5. You must not reproduce or modify the Content in any way, including by removing any copyright or trademark notice.
  6. All trademarks and logos displayed in the Games and Platform are the property of their respective owners and are protected by applicable trademark and copyright laws.
  7. You agree that You shall not:
    • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property without the Company explicit, prior written permission;
    • Use, display, mirror, or frame the Platform or any individual element within the Site;
    • Use the intellectual property of the Company, or any Company licensor, to adapt or create derivative works based on such intellectual property;
    • Use or reproduce any Company licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.

10. THIRD PARTY WEBSITES AND LINKS

  1. Third Party Platforms. You acknowledge and agree that the Company:
    • is not responsible for Third Party Platforms; and
    • makes no guarantee as to the content, functionality, or accuracy of any Third Party Platform.
  2. You further acknowledge that some Third Party Platforms may be fraudulent in nature, offering coins, accounts, etc., which the operators of those websites are not authorized to provide, in an effort to induce You to reveal personal information (including passwords, Customer Account information and credit card details). You agree that the Company is not responsible for any actions You take at the request or direction of these, or any other Third Party Platforms.
  3. Third Party Platforms are subject to the terms and conditions outlined by that third party.
  4. Your correspondence or business dealings with, or participation in promotions sponsored by, any third-party providers of goods or services made available on or through the Site, including Your purchase of Facebook or Google Credits and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party provider and solely at Your own risk. You hereby release the Company (and its affiliates, officers, directors, agents, subsidiaries, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dealings or as the result of the presence of such third-party providers on the Site.
  5. Links. Any links to Third Party Platforms do not:
    • indicate a relationship between the Company and the third party; or
    • indicate any endorsement or sponsorship by the Company of the Third Party Platform, or the goods or services it provides, unless specifically indicated by the Company.
  6. Where a website controlled and operated by the Company contains links to various social networking sites, such as Facebook, Instagram and Twitter, You acknowledge and agree that:
    1. any Company-related content that You post on such social networking sites are subject to the terms and conditions of that particular social networking site;
    2. You will not post any Company-related content that is false, misleading or deceptive or defamatory to us, our employees, agents, officers or other players; and
    3. the Company is not responsible or liable for any Company-related content that You or others post on social networking sites.

11. SERVICE AVAILABILITY, MODIFICATIONS, AND SUSPENSION

  1. At any time and without prior notice, we reserve the right to change, suspend, or stop any game, feature, or platform, entirely or in part. Additionally, for maintenance, updates, security, or any other operational reason, we may limit access to specific features, content, or the Platform as a whole. We are not liable for any loss, including loss of any in-game tokens, resulting from such modifications, suspensions, or discontinuations. We do not guarantee uninterrupted or error-free access to the Platform.
  2. If we believe you have violated these Terms, conducted dishonestly or abusive, or for any other operational or security reason, we can suspend, limit, or terminate your Customer Account at any time, with or without notice. All of your rights under these Terms will end as soon as we terminate your access. You will also lose any in-game tokens you haven’t used yet without getting anything in return. At our sole discretion, we may refuse to provide the Service to anyone for any legal reason.

12. LIMITATION OF LIABILITY

  1. The Company strives to furnish users with a suitable experience on the Platform; notwithstanding this aim, the Company disclaims all liability for wrongful, unauthorized or improper Platform usage by users. Content and information on the Platform is provided strictly “as is” and may contain errors or inaccuracies of a technical or typographical nature. No warranty of accuracy is made by the Company regarding posted data, nor does the Company make representations or warranties in connection therewith, and users are hereby cautioned against making business, financial or personal decisions in reliance on Platform information.
  2. The Company hereby disclaims liability for user expectations regarding Platform experience. WE OR OUR AFFILIATES, OR OUR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS, OR SUPPLIERS, WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT, OR OTHERWISE, for damages or losses whatsoever (direct, indirect, incidental, consequential, punitive or otherwise) stemming from Platform access or use, inclusive of but not limited to:
    • Data loss, virus infection, or equipment damage;
    • Errors, omissions, service interruptions, defects, transmission delays, or unauthorized data access;
    • Technical failures, including network outages, software/hardware problems, or service disruptions;
    • Third-party interference with gameplay, transactions, or promotional offerings;
    • Errors in game administration, operation, or execution resulting from technical or human error;
    • Personal injury or property damage arising from Platform usage;
    • Lost profits, lost business opportunities, lost goodwill, use of data, or other intangible losses.
  3. Users shall indemnify and hold harmless the Company against claims, damages, losses, or liabilities resulting from violations of these Terms and Conditions, applicable law, or third-party rights. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS ARTICLE ARE MATERIAL AND HAVE BEEN BARGAINED-FOR BASES OF THESE TERMS, AND HAVE BEEN TAKEN INTO ACCOUNT IN YOUR DECISION TO ENTER INTO THEM.
  4. We, Our affiliates, subsidiaries, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors, or suppliers will never be held accountable to You for more than what You paid Us in the thirty (30) days prior to the date on which You initially made such a claim, to the fullest extent allowed by applicable law. Your sole and exclusive remedy for any disagreement with Us is to cease using the Platform and to terminate your Customer Account if You have not made any purchase within the thirty (30) days prior to the date on which you first allege any such claim.
  5. Users hereby warrant that they will not submit false, forged, altered, or fraudulent documents for verification or any other purposes. Users hereby warrant that they will not use VPNs, proxies, IP masking technologies, multiple Customer Accounts, or location-falsification methods to circumvent any geo-blocking services of the Platform. The Company maintains sole discretion in determining document authenticity and compliance with Platform requirements.
  6. No warranties, express or implied, are made by the Company regarding the Platform rewards, bonuses, or virtual items, including availability, quality, or fitness for purpose.
  7. Platform usage constitutes acceptance of these liability limitations and waiver of claims against the Company for issues arising therefrom. In case of these limitations being unenforceable in any way, such provisions should be enforced to the maximum permitted in the jurisdiction.

13. COMPLAINTS AND CUSTOMER SUPPORT

  1. If You would like to contact our Customer Support or have a complaint regarding our Platform (including any game), You may contact us via Live chat and/or e-mail at contact@sweepluxe.com.
  2. TO PROTECT YOUR PRIVACY, ALL EMAIL COMMUNICATIONS BETWEEN YOU AND THE COMPANY SHOULD BE CARRIED OUT USING THE EMAIL ADDRESS THAT YOU HAVE REGISTERED AGAINST YOUR CUSTOMER ACCOUNT HELD WITH THE COMPANY. FAILURE TO DO SO MAY RESULT IN OUR RESPONSE BEING DELAYED.
  3. The following information must be included in any written communication with the Company (including a complaint):
  • Your username;
  • Your first and last name, as registered on Your Customer Account;
  • a detailed explanation of the complaint/claim; and
  • any specific dates and times associated with the complaint/claim (if applicable).
  1. Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to Your complaint/claim in a timely manner. The Customer Support will investigate official complaints immediately.
  2. The Customer Support will endeavor to respond to official complaints within 5 calendar days of lodgment.
  3. In some circumstances, the Customer Support will require up to 10 days to respond to a complaint. In this case, the player will be informed of the delay within 3 days of lodging the complaint.

14. DISPUTE RESOLUTION AND ARBITRATION

Before initiating arbitration or litigation, the parties shall attempt to resolve any dispute through good-faith negotiations. If the dispute is not resolved within 30 days after written notice of the dispute, the below shall apply.

  1. Purpose. This Dispute Resolution and Arbitration provision (“Provision”) facilitates the prompt and efficient resolution of any Disputes that may arise between You and the Company. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.

Please read this Provision carefully. It provides that all disputes between You and the Company (as defined below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, You may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or Participate in or be represented in a case filed in court by others. Except as otherwise provided, entering into this agreement constitutes a waiver of Your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).

For the purpose of this Provision, “Company” means the Company and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between You and the Company regarding any aspect of Your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.

YOU AND THE COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

  1. Confidentiality. You and the Company shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
  2. Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, You must first give the Company an opportunity to resolve the Dispute. You must commence this process by mailing a written notification to the contact@sweepluxe.com. That written notification must include (1) Your name, (2) Your address, (3) a written description of Your Claim, and (4) a description of the specific relief You seek. If the Company does not resolve the Dispute within 45 days after it receives Your written notification, You may pursue Your Dispute in arbitration. You may pursue Your Dispute in a court only under the circumstances described below.
  3. Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, You or the Company may choose to pursue a Dispute in court and not by arbitration if You opt-out of these arbitration procedures within 30 days from the date that You first consent to this Terms and Conditions (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to contact@sweepluxe.com. Your written notification must include (1) Your name, (2) Your address, and (3) a clear statement that You do not wish to resolve disputes with the Company through arbitration. Your decision to opt-out of this Provision will have no adverse effect on Your relationship with the Company. Any opt-out request received after the Opt-Out Deadline will not be valid.
  4. Arbitration Procedures. You agree that any disputes and claims relating to your use of the Platform or any relationships under these Terms & Conditions shall be resolved through the obligatory arbitration administered by the American Arbitration Association under the Commercial Arbitration Rules and Consumer Arbitration Rules.
    This Arbitration Agreement shall be governed by the Federal Arbitration Act 9 U.S. Code Chapter 1 and the laws of the State of Delaware. The seat of arbitration shall take place in Delaware, unless the parties mutually agree to a remote proceedings. The number of arbitrators shall be one. The arbitration shall be conducted in English and shall be confidential.
    The arbitrator may award any relief available in a court of law, including damages, injunctive relief, or attorneys’ fees.

The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

You are responsible for all additional fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if You provide notice and negotiate in good faith with the Company as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver. To the fullest extent permitted by law, the Parties agree that any dispute shall be resolved on an individual basis only. Neither Party shall have the right to bring or participate in any class, collective, or representative action, whether in arbitration or court. The Parties expressly waive any right to assert claims as a plaintiff or member in any purported class or collective proceeding.

15. CONTROLLING LAW AND JURISDICTION

These Terms and Conditions and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. Except as provided in the “Dispute Resolution and Arbitration” Provision (above), the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms and Conditions will be the competent state and federal courts and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

16. MISCELLANEOUS

  1. Entire Agreement. These Terms and Conditions constitute the entire agreement between You and Us concerning Your Participation and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Us concerning Your Participation.
  2. Changes. We may update or amend these Terms at any time, at Our sole discretion. When We make material changes, We will post the updated Terms on the Platform and revise the “Last Updated” date at the top. Your continued use of the Platform after such changes constitutes Your acceptance of the revised Terms. If You do not agree to the amended Terms, You must stop using the Platform and close Your Customer Account.
  3. Force Majeure. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that are caused by events outside of our reasonable control.
  4. Tax. You are solely responsible for any taxes which apply to Your use of the Service.
  5. Severability. If any of the Terms and Conditions are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will, to that extent, be severed from these Terms and Conditions. All remaining terms, conditions, and provisions will remain valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable will be amended in a manner consistent with the applicable law to reflect, as closely as possible, the Company's original intent.
  6. Assignment. These Terms and Conditions are personal to You and are not assignable, transferable, or sub-licensable by You except with Our prior written consent. We reserve the right to assign, transfer, or delegate any of Our rights and obligations to any third party without notice to You.
  7. Business Transfers. In the event we change control, merger, acquisition, or sale of assets. In that case, Your Сustomer Account and associated data may be part of the assets transferred to the purchaser or acquiring party.
  8. Waiver. The Company's failure to assert breach or a violation of these Terms and Conditions or otherwise failure to exercise any rights under these Terms and Conditions shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future.
  9. Notices and electronic communication. Any notice or other communication under these Terms and Conditions shall be in writing and considered given and received when sent by email. The language of communication shall be English.
  10. Contact Us. Please submit any notices to Us relating to these Terms and Conditions via email to contact@sweepluxe.com.
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