Terms Of Service

INTRODUCTION AND ACCEPTANCE OF USE

Welcome to Plain Tiger! 

Plain Tiger is a curated wholesale online platform connecting independent brands with retailers, accessible through Plain Tiger’s websites (collectively, the “Site”) and mobile applications (collectively, the “Application”)( together, the “Services”). Where in these Terms reference is made to “Plain Tiger”, “our”, “us”, and/or “we” this means Plain Tiger Inc, a Delaware Corporation, registered in the United States of America, with its registered office located at 2055 Limestone Rd STE 200-C, 0 Wilmington, DE 19808 USA. and any of its affiliates.

Any reference to “you” and/or “your” means any visitor of the Site and/or the Application and any user of the Services and Content. These Terms govern your use of the Services, and constitute a binding legal agreement between you and Plain Tiger. Please read these Terms, including the Additional Retailer Terms, Additional Brand Terms, Additional Fulfillment Terms, each of which may apply to your use of the Services, and the Privacy Policy, and Data Processing Agreement, all of which govern your access to and use of the Services. The Services are available solely to users who are 18 or older. If you are entering into these Terms on behalf of a company, you warrant that you have the authority to bind that party to these Terms. 

DEFINITIONS AND INTERPRETATIONS

In these Terms we use Capitalized words that shall have the following meaning:

  1. Account - means the account of a User on the Platform.
  2. Brand - means a person and/or seller using the Service to offer, display, trade, or sell Goods on the Platform to Retailers.
  3. Content - means any content provided by Plain Tiger on the platform, including content relating to a Good listed on the Platform, including, but not limited to, photographs, videos, text, or audio.
  4. Fulfillment - means the process of delivering the goods from the selling Brand to the buying Retailer. As such this can include shipping, warehousing, picking, handling and more . 
  5. Goods - means any physical, tangible item.
  6. Order - means the request of a Retailer to purchase a Good on the Platform.
  7. Plain Tiger - Plain Tiger Inc, a Delaware Corporation, registered in the United States of America, with its registered office located at 2055 Limestone Rd STE 200-C, 0 Wilmington, DE 19808 USA. or any of its affiliates (any entity which is owned or controlled by Plain Tiger Inc.). Current affiliates include Plain Tiger FZCO, a registered company in the United Arab Emirates under license number 50086 with it’s offices located at BCB2 523, Dubai Commercity, 11 17th St, Umm Ramool, Dubai, UAE and Plain Tiger (Pty) Ltd, a company registered in South Africa (Company No. 2019/468273/07), with its registered office located at 15 on Orange, Gardens, Cape Town, South Africa and may include potential other affiliates in the future.
  8. Contract - means the contract or any other confirmation in writing describing the specification of the Services that the User wishes to receive or that confirms the use of trial or demo for the Services.
  9. Platform - means the online platform, accessible through a website or application, where the Services are made available by Plain Tiger.
  10. Product Content - means any content provided by the Brand relating to a Good listed on the Platform, including, but not limited to, photographs, videos, text, or audio.
  11. Product Content Rules - the rules of conduct and guidelines of Plain Tiger relating to the use of Product Content on the Platform as made available in our Contracts
  12. Retailer - means a person and/or buyer using the Service to discover, view, request a quote or purchase Goods on the Platform for the purpose of resale of those Goods.
  13. Services - means the online platform where we offer Goods from Brands to Retailers and any associated services provided by Plain Tiger to the User, as specified in the Contract and amended and updated from time to time.
  14. Service Contract - means the contract between Plain Tiger and the User which consists of the Contract, the Terms including any schedules, appendices, and amendments thereto.
  15. Successful Delivery - means when the Goods have been delivered at the Retailer location on time and have the quality as specified by the Brand. 
  16. Terms - These general terms and any additional specific terms that may apply depending on your use of the Services  specifying the terms and conditions regarding the use of the Services by the User.
  17. User - means the user of the Services as specified in the Contract, being a Retailer, a Brand, or both. For the avoidance of doubt, it is possible that a User is both Brand and Retailer, in which case both the Brand and Retailer sections of the Terms apply to such User.
  18. User Data - means data, text, drawings, images, video’s or sounds, including the Product Content, as well as any database, made up from any of the aforementioned which are supplied by a User to Plain Tiger in connection with the use of the Services.

    Words in the singular include the plural and vice versa.

THE SERVICES

  1. Description. Plain Tiger has created a Platform where Brands can offer Goods, and Retailers can place an order for these Goods. On the Platform, Retailers are able to order goods directly from Plain Tiger provided that Plain Tiger is able to acquire these products (with the purpose of reselling to the specific Retailer) from the Brand. Plain Tiger acquires the Goods from the Brand subject to Successful Delivery at the Retailer, where the ownership transfers from Brand to Plain Tiger and subsequently from Plain Tiger to the Retailer. The Services may only be used by Users who are registered businesses.
  2. Fulfillment. Brands and Retailers can choose to arrange their own fulfillment (shipping, logistics) in order to deliver the Goods. Alternatively, Brands can choose for fulfillment managed by Plain Tiger, in which case Plain Tiger organizes the fulfillment, for which retailers will be invoiced by Plain Tiger. In both cases, Plain Tiger remains the intermediary, and as such rejects any liability for the acts and omissions of Brands and/or Retailers on the Platform (as per 3.1). For more information, please refer to our Additional Fulfillment Terms. 
  3. Specifications. The specifications of the Services offered by Plain Tiger and accepted by the User are described in the Service Contract. Plain Tiger and the User may agree on additional Services which will only be binding if confirmed in writing by Plain Tiger.
  4. Performance. Plain Tiger will use its commercially best efforts to deliver the Services under the Contract to the User in a professional manner consistent with good industry standards.
  5. Changes. Plain Tiger has the right to change its Services, to its own discretion, as long as these do not materially change the core functionality of the Services.
  6. Support. Plain Tiger shall provide to the User a reasonable level of support by means of making online documentation available and providing a helpdesk that is available by phone and by email during normal business hours as specified on Plain Tiger’s website.
  7. Invoicing relationships. Plain Tiger shall invoice the Retailer when the Brand has confirmed the Order. Upon Order confirmation, the Brand is allowed to invoice Plain Tiger for the value of the Order minus the applicable fees payable to Plain Tiger. The invoice can either be created by the Brand, or by Plain Tiger on behalf of the Brand. Upon Successful Delivery of the Goods, the invoices are validated (and adjusted in case of returns/damaged goods) and proceed to future pay-out. More information can be found in the Additional Brand Terms and Additional Retailer Terms.  
  8. Invoicing entity. The invoices issued to the Retailer may originate from a different Plain Tiger entity depending on which Plain Tiger entity performs services pertaining to the Order. Respectively, the invoices from the Brand to Plain Tiger (or invoices created by Plain Tiger on behalf of the Brand) need to be addressed to the correct Plain Tiger entity that performs services pertaining to the Order, which will be specified by Plain Tiger on the relevant invoice. At this moment, relevant local entities include Plain Tiger Inc, Plain Tiger FZCO and Plain Tiger (Pty) Ltd, and potential other affiliates may be added in the future. 

USER ACCOUNTS AND ACCESS TO SERVICES

  1. Creation of Account. Plain Tiger shall create a unique Account for each new User with the username and password as chosen by the User where the User can log in to use the Services. In addition, the User may create additional user accounts with unique usernames that are connected to the User.
  2. Protection. The User is responsible for choosing a strong and safe password and keeping it confidential. The User shall not be allowed to share its credentials for access to the Services with any third party or allow any third party to use the Services.
  3. Responsibility. All acts that take place through the User’s Account or any connected user accounts shall be attributed to and under the responsibility of the User. In the event that the User suspects abuse of the Account it shall immediately notify Plain Tiger to allow Plain Tiger to take the appropriate measures.
  4. Conduct. A User is not permitted to use the Platform for processes and/or acts that conflict with applicable laws or regulations or these Terms or that infringe the rights of any third party. For more details, please refer to 12, Prohibited Uses. This includes, but is not limited to, the following: Spamming: the sending of large quantities of unsolicited emails with the same content and/or the unsolicited news group posting of a message with the same content in large quantities on the Internet. Also included here is spam that is sent referencing a website, email address or other service at Plain Tiger; Committing an infringement on copyrighted works, or defying the intellectual property rights of third parties; Sexual intimidation or the harassing of persons in any way; Hacking: accessing of other computers or computer systems on the Internet without having first acquired permission to do so; Any other violation of (local) legislation or mandated industry guidelines.
  5. Monitoring. Plain Tiger reserves the right to monitor all acts and behavior of the User on the Platform for the purpose of ensuring compliance with these Terms and to improve the functionality of its Platform.
  6. Measures by Plain Tiger. Plain Tiger may suspend or limit User’s access to the Services and Platform immediately if Plain Tiger, in its sole discretion, believes 
    1.  such suspension is required by law, 
    2.  the User has breached any of its obligations under this Contract (including the obligation to pay the Fees), 
    3.  the User is infringing any applicable law by using the Services or the Platform 
    4.  there is a security or privacy risk to the User or other Users. 

To the extent reasonably possible, Plain Tiger shall notify the User of a suspension in advance.


ACCOUNTS AND REGISTRATION

  1. Registration: To use the Plain Tiger platform, you need to establish an Account, which is free. The application seeks basic information about you and your company, as well as information required to conduct business on our platform.  
  2. For Brands: Your use of Plain Tiger’s services as a Brand is subject to the Additional Brand Terms. 
  3. For Retailers: Your use of Plain Tiger’s services as a Brand is subject to the Additional Retailer Terms.

INTELLECTUAL PROPERTY RIGHTS AND CONTENT OWNERSHIP 

The Services and Content are each protected by copyright, trademark and other laws of The United States of America and foreign countries. You acknowledge and agree that the Services and Content, excluding your specific User Data, including all associated intellectual property rights, are the exclusive property of Plain Tiger, its licensors and/or other providers of such material. Other than expressly stated herein, there are no implied licenses granted under these Terms. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Additionally Plain Tiger is the owner of pending, registered and/or unregistered trademarks, trade dress and trade name appearing on the Services, including the Plain Tiger name and logo, and all related names, logos, product and service names, designs and slogans. You agree to not use such marks without Plain Tiger’s prior written permission. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Plain Tiger displays various Content related to the products, including photographs, product descriptions, Brand stories and any other related content for sale on its Platform. You are granted a limited, non-assignable, non-sublicensable and revocable license to use Content related to a product that you purchase on the Platform on your own company’s website for the sole purpose of reselling that same product. Notwithstanding the foregoing, you agree that you will not use any such Content in any ad or media campaign, including postings, emails, ads or any other communication on Facebook, Instagram or Google, among others, without the express written consent from the owner of that Content.

You acknowledge and agree that you are merely a licensee of the Content and that you do not own, and will not claim any ownership rights in, the Content. You further acknowledge and agree that Plain Tiger is not responsible, nor shall Plain Tiger be held liable, for any Content, and Plain Tiger makes no representation or warranty that the Content does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or contain libelous or otherwise unlawful, abusive, harassing or obscene material, or result in the violation of any applicable law or regulation.

Notwithstanding the aforesaid, Parties agree that Plain Tiger may, at all times, use the Brand’s name and logo for its marketing and business development purposes. 

RELIANCE ON INFORMATION POSTED

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Services, or by anyone who may be informed of any of its contents. 

The Services include content provided by third parties, including materials provided by other users, Members, bloggers and third party licensors. All statements and opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by Plain Tiger, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Plain Tiger. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

LINKS TO THIRD PARTY WEBSITES

The Services may contain links to third-party websites or resources. You acknowledge and agree that Plain Tiger is not responsible or liable for:

(a) the availability or accuracy of such websites or resources; or 

(b) the Content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Plain Tiger 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 or the Content, products, or services on or available from such websites or resources. Also, Apple Inc. and Google, Inc. will be a third party beneficiary to these Terms if you access the Services using applications developed for Apple iOS or Android, respectively. These third party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these applications or devices is subject to terms set forth in their respective terms of service and privacy policies. 

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights relating to the Platform and the Services, including copyrights on the source code of the Platform and database rights for any and all Product Content on the Platform and any documents or any other material provided to the User in connection with the performance of the Contract (other than the User Data) shall be and remain the property of Plain Tiger. Unless explicitly permitted under these Service Terms, the User shall not be permitted to use any of these intellectual property rights, including but not limited to extracting any data from Plain Tiger’s website or the Platform by using web crawlers or web scrapers, without the prior written approval of Plain Tiger. Any intellectual property rights which are created as a result of the performance of the Services by Plain Tiger and the use of the Services by the User will be the property of Plain Tiger, except for intellectual property rights relating to User Data. The provisions of this Clause shall survive the termination of this Agreement.

PRIVACY AND PERSONAL DATA PROTECTION

When carrying out the Services, Plain Tiger may be provided access to or otherwise obtain or handle information relating to identified or identifiable individuals (Personal Data). The processing by Plain Tiger of Personal Data relating to the Users is described in the Privacy Policy. Plain Tiger’s processing activities relating to Personal Data in its capacity as a processor on behalf of the User in accordance with General Data Protection Regulation is described and governed by the separate Data Processing Agreement which shall form an integral part of the Contract.

PROHIBITED USES

You agree not to do any of the following:

  1. Post, upload, publish, submit or transmit any Content that: 
(a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; 
(b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; 
(c) is fraudulent, false, misleading or deceptive; 
(d) is defamatory, obscene, pornographic, vulgar or offensive; 
(e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; 
(f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or 
(g) promotes illegal or harmful activities or substances.
  1. Use, embed, display, mirror or frame the Site or Application, or any individual element within the Services, Plain Tiger’s name, any Plain Tiger trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Plain Tiger’s express written consent or as enabled by features made available by Plain Tiger (e.g., widgets) (you may link to Plain Tiger’s homepage, so long as you do not imply or suggest any form of association, approval or endorsement on our behalf without our express written consent but you may not link to the Site in a libelous, misleading or otherwise unlawful manner, or in any manner that violates these Terms);
  2. Access, tamper with or use non-public areas of the Site or Application, Plain Tiger’s computer systems or the technical delivery systems of Plain Tiger’s providers;
  3. Attempt to probe, scan, or test the vulnerability of any Plain Tiger system or network or breach any security or authentication measures;
  4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Plain Tiger or any of Plain Tiger’s  providers or any other third party to protect the Services or Content;
  5. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Plain Tiger or other generally available third party web browsers; 
  6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to, through, or with any assistance from, the Services;
  7. Use any meta tags or other hidden text or metadata utilizing a Plain Tiger trademark, logo URL or product name without Plain Tiger’s express written consent;
  8. Use the Services or Content in any manner not permitted by these Terms;
  9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
  10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services or Content;
  11. Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming or mail-bombing the Services;
  12. Collect or store any personally identifiable information from the Services from other users of the Site, Services or Application without their express permission and in a manner that does not violate Plain Tiger’s Privacy Policy;
  13. Impersonate or misrepresent your affiliation with any person or entity;
  14. Violate any applicable law or regulation; or
  15. Encourage or enable any other third party to do any of the foregoing;

Plain Tiger will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Plain Tiger may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Plain Tiger has no obligation to monitor your access to or use of the Services or Content, or to review or edit any Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, to investigate a complaint or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Plain Tiger reserves the right, at any time and without prior notice, to remove or disable access to any Member Content or Content that Plain Tiger, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services. Plain Tiger reserves the right to cooperate fully with law enforcement, and to involve and share information with law enforcement, governmental agencies or other oversight bodies if Plain Tiger suspects illegal activity may be taking place.

Non Circumvention. You acknowledge and agree that for the duration of the Service Contract  you shall not seek, ask or seduce other Users to do business or trade with other Users outside of the Platform provided that this restriction does not apply for business relations between Users that do not originate from the Platform. In the event of a breach of a User of this covenant, Plain Tiger is entitled to suspend or restrict the use of the Platform by such User, notwithstanding the right of Plain Tiger to claim any damages suffered.

Duty to notify. User agrees to immediately notify Plain Tiger in the event that another User proposes to make or receive a payment outside of the Platform in violation of this section 7 by sending an email to support@plaintiger.co

TERMINATION AND ACCOUNT CANCELLATION

If you breach any of these Terms, Plain Tiger will have the right to suspend or disable your Account or terminate the Service Contract with you, in its sole discretion and without prior notice to you. Plain Tiger reserves the right to revoke your access to and use of the Services and Content at any time, with or without cause. In the event Plain Tiger terminates the Service Contract with you for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to support@plaintiger.co

INFORMATION WE COLLECT ABOUT YOU

All information we collect about you when you apply for an Account or use the Services or visit the Platform is subject to our Privacy Policy. By using the Services, you consent to the terms and conditions of the Privacy Policy and all actions taken by us in accordance with it.

  1. Ownership
    All intellectual property rights, including copyrights and database rights, on any User Data shall belong exclusively to such User. Plain Tiger shall have a limited right of use relating to the User Data for the purpose of delivering and improving its Services, for statistics and research, development and testing, compliance and for promotional and marketing purposes.
  2. Back-up
    The User understands and agrees that the download and upload of any User Data through Plain Tiger is done at the User’s own risk and that Plain Tiger cannot guarantee a back-up of the User Data. The User will be solely responsible for a timely and adequate back-up of the User Data and prevention of any loss or damage to their computer system or User Data.

DISCLAIMER OF WARRANTIES

Plain Tiger does not give any guarantee in relation to the performance and availability of the Services and the Platform. The Services are provided “AS-IS” and, to the extent permitted by law, Plain Tiger hereby disclaims all implicit or explicit warranties or fitness for a particular purpose. All advice that Plain Tiger gives and notifications and statements that Plain Tiger provides concerning, amongst others, the characteristics of the Services are entirely free of obligation and are provided by Plain Tiger as non-binding information.

CONFIDENTIALITY

  1. Definition of confidential information
    Confidential Information means any information, whether in written, verbal or other form, that relates to Plain Tiger or the User (or any of its businesses) and which is disclosed to the other party in connection with the Service Contract or on the Platform, including but not limited to but shall not include information that 
(i) is at the relevant time of disclosure publicly available or become so other than as a result of a breach of the Service Contract, 
(ii) is received by the other party from a third party who did not acquire it in confidence or 
(iii) is independently developed by the other party without any breach of the Service Contract.
  1. Confidentiality undertaking
    Plain Tiger and the User shall, during the term of the Service Contract and for an indefinite term after the expiry of the Service Contract, keep strictly confidential and secret and shall not disclose to any third party any confidential information relating to the other party unless specifically permitted under the contract or necessary to perform its obligations under the Contract. Plain Tiger and the User shall further safeguard confidential information from disclosure using no less than a commercially reasonable standard of care.
  2. Exclusions for confidentiality
    The obligation of confidentiality shall not apply to any party who is required by law or by any governmental authority to which it is subject to disclose any Confidential Information, in which case such party shall be entitled to disclose the Confidential Information provided that it
(i) notifies the other part in writing of the disclosure, to the extent permitted, 
(ii) it consults with the other party how to minimize or avoid the disclosure and 
(iii) receives a confidentiality undertaking to the same level as in these Terms from the party to whom the Confidential Information is (to be) disclosed.
  1. Breach of confidentiality undertaking
    In the event that either party learns that a person or entity has gained unauthorized access to the other party’s Confidential Information, such party shall immediately notify in writing the party whose Confidential Information has been so compromised, providing the full particulars of such access or disclosure.

SECURITY

Plain Tiger has taken all reasonable appropriate technical and organizational security measures to protect the Platform and the data stored on it against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network. Please refer to the Privacy Policy and Data Processing Agreement for further information.

LIABILITY

  1. Exclusion of Liability
    To the extent legally possible, Plain Tiger does not assume, nor does it authorize any person or entity to assume on its behalf, any liability in connection with the provision of the Service and the use of the Platform. In no event shall Plain Tiger be liable to a User or to any third party for any loss of profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from the User’s use of the Services, even if Plain Tiger has been advised of the possibility of such damages.
  2. Limitation of Liability
    Notwithstanding anything to the contrary contained herein, the liability of Plain Tiger to the User for any damages arising from the User’s use of the Platform or the Services (for any cause whatsoever and regardless of the form of the action), will be limited to the Fees paid by such User relating to a period of three months. The limitations of liability provided in these Terms serve Plain Tiger, shareholders, affiliates and all of our respective officers, directors, employees, attorneys and agents. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to the User, who may also have other legal rights that vary from jurisdiction to jurisdiction.

FORCE MAJEURE

  1. Occurrence of Force Majeure
    Limitations or impediments to the provision of Services can occur that lie outside the sphere of influence of Plain Tiger and are caused by Force Majeure. If Plain Tiger, as a result of such Force Majeure, is limited in complying with its obligations under the Service Contract, it is entitled to suspend these obligations. The User has in that case no right to damage, costs or interest compensation.
  2. Definition of Force Majeure
    Force Majeure includes the following: technical terms and conditions of the internet beyond the influence of Plain Tiger, impediments as a result of the hardware and software that the User uses or caused by the technical infrastructure it uses, disruptions to the electricity supply, hacking, Denial of Service Attacks, strikes, fire, accidents, staff illnesses, natural disasters, and/or ‘Acts of God’, unforeseen problems by Plain Tiger and every other circumstance that is not exclusively dependent on the will of Plain Tiger. 

AMICABLE USER DISPUTE MEDIATION

For any disputes regarding an order or product between a Retailer and a Brand, you agree to try to informally resolve the dispute directly through the Plain Tiger platform. If you are not able to resolve the dispute, you may contact Plain Tiger to help resolve the issue. Plain Tiger will use good faith efforts to assist you and the other User to resolve such disputes.

In the event that a dispute arises between two Users relating to an Order which has a financial impact not higher than two times the list price of the Goods in dispute plus delivery costs, Plain Tiger may choose to act as an independent mediator in relation to this dispute. Users agree that the outcome of this mediation is binding.

DURATION, EXTENSION AND TERMINATION

  1. Term. The Service Contract shall have an initial term of twelve months or any other term as specified in the Contract (the Initial Term).
  2. Renewal. Upon expiry of the Initial Term, the contract terms shall automatically renew for periods of 1 month continuously, unless specified otherwise in the Contract (Renewal Term).
  3. Termination. If the User elects to terminate the Service Contract as per the end of the Initial Term or Renewal Term (jointly referred to as Term) this can be done by sending an email to support@plaintiger.co or through the user section on the Platform.
  4. Termination by Plain Tiger. Plain Tiger is entitled to terminate the Service Contract with immediate effect by giving the User written notice without any liability for damages, in the event of: a breach by the User of its obligations of the Service Contract which, to the extent possible and upon receipt of a notice thereof with a reasonable remedy period from Plain Tiger, the User has not remedied, The (impending) suspension of payments or bankruptcy of the User.
  5. Consequences of Termination. Upon termination of the Service Contract the User shall no longer have access to the Services. Plain Tiger is entitled to terminate the User accounts and to delete all User Data on the Platform or make it inaccessible. Termination of the Service Contract by Plain Tiger shall not limit the User’s obligation to pay all applicable fees and shall be without prejudice to any other remedies available to Plain Tiger.
  6. Survival of Other Provisions. After termination of the Service Contract, regardless of the nature, the provisions that are intended by their terms to survive the Service Contract will remain valid and in force.

FINAL PROVISIONS

  1. Changes to the Agreement
    The User acknowledges and agrees that Plain Tiger may amend these Terms at any time by posting the relevant amended and restated Terms on its website and by notifying the User. Such amendments to the Terms are effective as of the date of publication. The Users continued use of the Services after the amendment of the Terms constitutes the agreement to, and acceptance of, the amended Terms. If a User does not agree to any of the changes to the Terms, it shall notify Plain Tiger within 2 weeks of the date of publication of these amendments. Plain Tiger shall review grounds on a case-by-case basis
  2. Applicable law
    These terms are governed by the laws of the United Arab Emirates, Republic of South Africa, or the United States of America, as applicable.
  3. Assignment
    A User may not assign any of its rights or obligations under the Service Contract without Plain Tiger’s prior written consent. Plain Tiger may, without User’s prior consent, assign its rights and obligations under the Service Contract to a third party, including any of its affiliates.
  4. Severability
    In the event that one or multiple provisions or requirements of the Service Contract are in violation of governing law, the validity of other provisions or requirements shall not be affected thereby and shall be enforced and remain in full force and effect. In the place of the null or invalid provisions, a suitable regulation shall apply which mirrors, as closely as possible, the intention of the parties and the economic result aimed for by them, in a legally effective way.
  5. Waiver
    The failure of Plain Tiger to exercise or enforce any of the rights and/or provisions set out in the Service Contract shall not constitute a waiver of set rights and/or provisions. Any waiver of any provision of Service Contract shall only be effective if made in writing and signed by Plain Tiger.
  6. Notices
    All notices to Plain Tiger can be done by email to info@plaintiger.co

FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and agree that if you submit any Feedback to us (through any communication channel), you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

CONTACT US

If you have any questions or complaints about these Terms or Services, please contact us at support@plaintiger.co