1. INTRODUCTION

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

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

2. ABOUT SNOWTRACK

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

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

3. USING SNOWTRACK

You agree to abide by this User Agreement, our terms, our policies, and every applicable regulation, rule, and law in relation with accessing or utilising our services. You will not:

• •use our services if you are unable to form lawfully binding contracts (for example, if you are under the age of 18), if you are temporarily or permanently suspended from using our services, or if you are a person with whom transactions are prohibited;
• •fail to pay for items you purchase, regardless of you may have a valid reason as set out in Snowtrack policy, such as where the seller has substantially changed the items description after you purchase;
• •share or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• •create listings, post, or upload content in inappropriate categories or areas on our sites;
• •post false, inaccurate, misleading, deceptive, libellous, or other content;
• •send viruses or any other technologies that may harm Snowtrack or the interests or property of users;
• •use any robots when spiders, scraper, machine learning techniques, information gathering and extraction tools, or other automated tools to access our Services for any purpose, unless Snowtrack has given prior express permission in advance.;
• •get beyond any technological safeguards put in place to deliver our services;
• •obstruct the proper operation of our services, for example, by placing an excessively heavy or unjustified demand on our infrastructure;
• •violate any copyright, trademark, patent, publicity, moral, database, and/or other Snowtrack-owned or licenced intellectual property rights (collectively, "Intellectual Property Rights"). Reproducing, performing, showing, disseminating, copying, reverse engineering, decompiling, disassembling, or creating derivative works using Snowtrack or third-party content are some, but not all, of the acts that may be considered infringement.;
• •advertise any Snowtrack application or any information, data, or software associated with such an application without Snowtracks prior express permission;
• •harvest or otherwise collect or use information about users without their consent;
• •violate any third-party intellectual property rights that are affected by your use of our Services; or post content that is not your own.

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

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

4. POLICY ENFORCEMENT

Third parties are solely responsible for the sell and delivery of their items. However if there is a reported violation, in applying our policies in the event of a buyer or seller dispute, we may take into account the users past performance as well as the particulars. To act in the best interests of both buyers and sellers, we can decide to be more lax in enforcing the rules. Nothing in the above restricts or lessens our ability to refuse, alter, or end this agreement with anybody for any reason at our sole discretion, or to stop providing any or all of our Services.

5. FEES

Snowtrack does not charge any fees.

6. LISTING CONDITIONS

When you use our services to post an item for sale, you acknowledge and agree that:

• •You are solely responsible for the item provided and the truth and integrity of the listing;
• •It can take a few hours (or as long as twenty-four hours in some cases) for people to search for your listing by keyword or category. Snowtrack disclaims all liability regarding the duration of listings, and reserves the right to alter, conceal, or remove any content that contravenes its policies.
• •We may update product information linked to listings to add, delete, or correct information.
• •Our goal is to establish a marketplace where consumers may locate what theyre looking for. Therefore, a number of factors, such as the buyers location, search query, browsing site, and history; the items location, listing format, price and terms of service, end time, history, and relevance to the user query; the sellers history, including listing practices, Snowtrack policy compliance, feedback, and defect rate; and the number of listings matching the buyers query, will all affect how listings appear or are arranged in search and browse results.
• •ACCESS TO OUR SERVICES DOES NOT ENTIRELY BUY EXCLUSIVE RIGHTS to item exposure. In our sole discretion and without the sellers permission or payment, reduction in price, or other credit, we may display third-party advertisements (including links and references thereto) or other content in any section of our Services, including listings.
• •You will solely register with the payment gateway of your choice. Snowtrack will not hold any funds On the sellers behalf.

7. PURCHASE CONDITIONS

By using our services to purchase an item, you acknowledge and accept that:

• •You are in charge of reading the entire item listing before agreeing to buy;
• •When you buy an item, you enter into a legally binding contract to acquire the item; and
• •You commit to buying the item.

8. HOLDS AND RESTRICTED FUNDS

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

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

At any phone number you have given us, Snowtrack may use autodialed or prerecorded calls and text messages to reach you for the following purposes:

• •Account notification
• •Account troubleshooting
• •Dispute resolution
• •Debt collection
• •Opinion polling via surveys or questionnaires; or
• •As otherwise required to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you.

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

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

10. PRIVACY OF OTHERS; MARKETING

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

11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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

To the extent allowed by applicable law, Snowtrack will also not be liable to you or any third party under any legal framework or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are specifically excluded from this agreement regardless of whether Snowtrack was informed of them or not. Without limiting the generality of the foregoing, you agree not to hold us liable for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from our parent company, subsidiaries, affiliates, officers, directors, agents, and employees. We also negate all liability for any such losses from:

• •Any content you provide (directly or indirectly) through our services;
• •Your use of or inability to use our services;
• •Pricing, format, or other guidance provided by Snowtrack;
• •Delays or disruptions in our services;
• •Viruses or other malicious software obtained by accessing or linking to our services;
• •Any glitches, bugs, errors, or inaccuracies of any kind in our services;
• •Damage to your hardware device from using any Snowtrack service;
• •Third-party content, actions, or inactions;
• •The length of time or format in which your listings appear in search results, as specified in the Listing Conditions section above;
• •Any action taken against your account or for violating the Using Snowtrack section above;
• •The requirement that you alter your behaviour, practices, or content; or
• •Your loss of or incapacity to conduct business as a result of modifications to this User Agreement or our policies.

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

12. RELEASE

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

13. INDEMNITY

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

14. LEGAL DISPUTES

A. Applicable Law

You consent that this User Agreement and any claim or dispute that has arisen or may arise between you and Snowtrack will be governed by this User Agreement, unless otherwise specified in this User Agreement, and will be governed by the laws of the Republic of Zimbabwe, regardless of conflict of laws principles.

B. Parties agree that all disputes in Zimbabwe will be solved through abitration.

15. GENERAL

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