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Tsunami
Tsunami

TERMS & CONDITIONS

This application TSUNAMI® Affiliated with the company Bechaouch Co. Ltd. Owned and managed by its founder Yasser Bechaouch Please carefully review the terms and conditions below as they represent the terms and conditions of use for this application.
 These Terms apply to users of our App, including its visitors.

Use of our App is also subject to our Acceptable Use Policy and community guidelines.

Please read these terms carefully, by using our App or otherwise indicating your acceptance, for example, by creating or logging in to your account, you represent and warrant that you have read, understood, and agree to be bound by these Terms.

If you do not agree, do not access or use our App.

 

1. TSUNAMI®’S MARKET

By creating an account on our application, you agree to provide true, accurate, current and complete information.

You agree not to create an account on the Site using a false identity, provide false information, or if you have previously been removed or banned from our application.

You are responsible for maintaining the confidentiality of your Site account information, including your user name and password.

You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access to or use of your Site account.

You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.

 

2. TSUNAMI®’S VIDEOS

With our app, you can get personalized videos (TSUNAMI®’S VIDEOS) of celebrities, including athletes, actors, performers, entertainers, influencers and more.

You can send a request to a user TSUNAMI® to get a video TSUNAMI® Intended for you or a third party you designate as the recipient.

You acknowledge and agree that the celebrities from TSUNAMI® has the sole discretion to determine how to fulfill your request and video content TSUNAMI® generated and may not follow your request exactly.

We reserve the right to refuse any order at our sole discretion.

The Talent User has up to seven days or more (at our sole discretion) to fulfill or reject your request.

Talent users may be offered the option to request a video TSUNAMI® to execute within a shorter time frame, such as 24 hours.

Video clips TSUNAMI® Licensed, not sold.

You are buying the right (or license) to use it, not the video TSUNAMI® the actual same.

Subject to your payment in full, talent User grants you the following limited rights to use a Video TSUNAMI® (other than video TSUNAMI® for Business) solely for your personal, non-commercial, non-promotional purposes, subject to these Terms:

A non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use the Video TSUNAMI® reproduce, distribute and publicly display it, in any and all media (for example, on social media platforms) known now.

You may not sell, resell, market or mortgage your rights to any offering TSUNAMI®, including the creation of a non-fungible token (“NFT") from any of the offer’s TSUNAMI® except what you agreed to TSUNAMI® in advance in writing.

(You may sublicense your rights in a video TSUNAMI® only to the extent necessary for video use TSUNAMI® as permitted under these Terms (for example, by sharing it (if it is not a video).

(TSUNAMI® for business with friends on the social media platform or and sent to the recipient for personal, non-commercial, non-promotional purposes as set forth above).

You may not use a video TSUNAMI® except in accordance with these Terms, which include our Acceptable Use Policy/Community Guidelines.

We may terminate all or part of the foregoing licenses at any time for any reason.

We reserve the right to remove a video TSUNAMI® from our application at any time and for any reason without any notice to you.

 

3. BUSINESS VIDEOS

Some Talent Users may submit videos TSUNAMI® to promote and/or endorse a product, service, brand or business of a single business or non-profit government entity registered and legally operating in Tunisia, the United Kingdom or any other country approved by the Company.

TSUNAMI® in advance in writing (each, a “Company”), or for internal business communications, such as an employee recognition or company-wide meeting, conducted and moderated by the Company with more than 100 attendees and/or viewers (each, a TSUNAMI®’S VIDEO for business).

Except as noted, each video TSUNAMI® for business it is video TSUNAMI® under these terms.

When you submit a request for a video TSUNAMI® for business, YOU MUST SPECIFICALLY IDENTIFY THE COMPANY AND THE TYPES OF GOODS OR SERVICES IT OFFERS, AS WELL AS THE SPECIFIC PRODUCT, SERVICE OR BRAND YOU ARE ASKING THE TALENT USER TO MENTION OR REFERENCE, AND ANY OTHER INFORMATION REQUESTED.

Subject to these Terms and your payment in full, talent User grants you the following limited rights to use a Video TSUNAMI® BUSINESS only for reasonable promotional purposes of the Company for a period 14 days (And for any additional periods previously agreed in writing by TSUNAMI®) starting from

(1) The date you received the video BUSINESS TSUNAMI® by you from the Site or its first use or reproduced, distributed or publicly displayed by you or the Company.

(2) 30 days after the date we notify you TSUNAMI® that video BUSINESS TSUNAMI® has been completed:

(1) Exclusive license (except the license granted toTSUNAMI®), royalty-free, fully paid, worldwide, sublicensable, irrevocable license to use, reproduce, distribute and display video BUSINESS TSUNAMI® this is only publicly available on or in an unlimited number of social media platforms, on accounts that are fully owned, operated and controlled by the Company (each a Business Social Media Account), as well as the right to advertise and promote a video display.

TSUNAMI® your business on your business's social media account by advertising on the social media platformand websites, landing pages, mobile applications, communications sent through communication channels operated and controlled by the Company (such as email or text messages to customers, emails or internal company meetings), and other similar channels that are owned, operated, controlled and controlled by the Company. Pre-approved by TSUNAMI® in writing.

You may not use a video TSUNAMI® for business via In-app display and advertising networks, including through digital demand-side platform or ad network accounts, TV, over-the-top (OTT), connected TV (CTV), out-of-home (OOH) and similar broadcast media.

(2) You may sublicense your rights in a video TSUNAMI® for business only to the extent necessary to use video TSUNAMI® for the business as permitted under these terms (for example, posting it to a business website or social media account).

At the end of the license period, provided that the talent user does not request the removal of a video BUSINESS TSUNAMI® applicable, you are not required to archive or delete approved organic posts made on a business social media account, provided you do not do so, and you may not permit or encourage any third party to pin, repost, link to, enhance paid spend or promote any An organic post containing a video BUSINESS TSUNAMI® in any way or re-order this organic publication in a non-temporal manner.

All retention, use, reproduction, distribution and display of BUSINESS VIDEO must terminate TSUNAMI® completely and immediately after the expiration of the license period.

No other use is permitted under these Terms.

To request other uses (for example, additional time, usage on additional channels ability to add a brand name or logo as a watermark, etc.), contact us at CONTACT@TSUNAMI.TN.

Video representations and warranties BUSINESS TSUNAMI® you represent and warrant that:

The company must be legally registered and operating in Tunisia, the United Kingdom, or any other country approved by the company TSUNAMI® in advance in writing.

Any information provided to a Talent User shall be true, not misleading and not offensive or defamatory.

You and the Company will comply with all applicable laws, rules and regulations, including those that may require the addition of an appropriate hashtag (including, for example, sponsorship) or other disclosure relating to the use of a Video.

TSUNAMI® BUSINESS specification to identify it as a commercial endorsement.

You have all necessary rights (including from the Company) to request a video TSUNAMI® to act on behalf of the Company, agree to these Terms on behalf of the Company, and to request and use a video TSUNAMI® for business as permitted in these Terms, including all rights necessary to use any information, trade name, trademark, trade name, trade dress or logos provided in connection with your Submission.

COMPENSATION: In relation to any video BUSINESS TSUNAMI® or services TSUNAMI® other BUSINESS that you purchase from a user TSUNAMI®, you agree to compensate the user TSUNAMI® you will defend, defend and hold harmless from and against any and all claims, costs, actions, demands, losses, damages and expenses (including reasonable attorneys' fees and costs) of any kind or nature arising out of any third party claim relating to or in connection with:

(1) Your submissions

(2) Your breach of these Terms

(3) Your use of video BUSINESS TSUNAMI® with respect to any items, materials, copyrights, rights of publicity or other copyrighted materials other than a video BUSINESS TSUNAMI® submitted by talent user

(4) Sell, license, supply or otherwise provide your goods or services or any other operations of the Company (including, without limitation, personal injury or death or product liability suits and claims).

 

4. ACKNOWLEDGMENTS

You acknowledge and agree to the following:

it will not be TSUNAMI® responsible for any video TSUNAMI® or any other offer requested by you or any Submission (defined below) you make

Do not expect any privacy regarding any video TSUNAMI® requested by you or any Submission (defined below) you make, and that you will not make any Submission or Submission that violates the privacy or other rights of a third party.

If you violate any provision of these Terms, we terminate your access to our App, remove or block you (or any Site account you create or control), and your license to use any Video terminates.

TSUNAMI® or any other offer under these Terms.

YOU MUST: Remove all copies of any video TSUNAMI® or any other offer in your possession or control immediately, including from any social media platform, notify any recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each recipient without limiting any of our rights, any application you place through our App may be rejected by us or a Talent User and if this happens more than once, we may terminate your access to our App, remove or block you (and any Site account you have created or controlled), or take other appropriate action at its discretion TSUNAMI® private, including termination of your license to use any video TSUNAMI® or other offers under these Terms.

 

5. ADDITIONAL TERMS

Certain products or services offered through the Site may contain additional terms and conditions, If Additional Terms apply, we will make them available to you in connection with that product or service, and by using that product or service, you agree to the Additional Terms.

To the extent the Additional Terms conflict with any of these Terms, these Terms will control unless the Additional Terms state that some or all of these Terms do not apply.

 

6. ELIGIBILITY

ELIGIBILITY REPRESENTATIONS AND WARRANTIES:

You represent and warrant that:

You are not prohibited from using or accessing any aspect of our App by us or under any applicable law or regulation

You will comply with all applicable terms of any third party payment provider we choose, and that you are not on the prohibited list of such payment provider.

You (and any Site account you create or control) have not previously been banned or removed from our app for any reason.

EXPORT CONTROL: You may not use, export, import or transfer any part of our application except as permitted by Tunisian law. It is also not permissible to export or re-export any part of our application to any country prohibited by the Republic of Tunisia.

You may not use the Site or any product or service TSUNAMI® for any partisan political purpose - including promoting or soliciting contributions on behalf of your candidacy for public office, the nomination of another person seeking public office, any political party or political committee, or any other person or organization promoting or soliciting contributions on behalf of any candidate for office Public or political party.

 

7. FEES AND PAYMENT

FEES: Video fees are specified TSUNAMI® or other offers on the talent user's booking page on our app when you submit your application.

You agree to pay all amounts due in accordance with the payment terms in effect when you place your order or purchase goods, including any applicable service, transaction or processing fees.

THE CURRENCY: Transactions are settled in US dollars (USD) or the Tunisian dinar (TND).

You will be responsible for paying any fees or charges imposed by your payment card provider or payment processor to settle the transaction in US dollarsOr the Tunisian dinar.

From time to time, a company may TSUNAMI® by settling transactions in a currency other than the US dollar or Tunisian dinar to reduce or eliminate fees and expenses associated with currency conversion.

PAYING OFF: You can request a video TSUNAMI® using a valid payment card through our third-party payment provider (for our apps for both operating systems iOS and ANDROID and in-app payment mechanisms for APPLE and ANDROID for our app, the payment provider we choose.

You must provide the third-party payment provider with valid payment information (VISA or MASTERCARD or other issuer accepted by the payment provider).

You acknowledge and agree that TSUNAMI® we do not operate, own or control the payment provider. Your use of your Payment Card is governed by your agreement with the payment provider and its privacy policy, and not by these Terms. You agree to immediately notify the Payment Provider of any change in the billing address (or other information) of your Payment Card.

You may not return or exchange a video TSUNAMI® no refunds will be issued.

APPLICATION FOR SYSTEM iOS: You will be charged upon booking or purchase for all amounts associated with your transaction.

If a video request has been cancelled TSUNAMI® or if it is not met, a credit will not be issued to your account TSUNAMI®.

YOUR APPLICATION FOR SYSTEM ANDROID: You will be charged upon booking or purchase for all amounts associated with your transaction.

If a video request has been cancelled TSUNAMI® or not, your payment method will be refunded.

Keep TSUNAMI® we reserve the right (but not the obligation) to cancel your order for any video TSUNAMI® or any other offer if:

(1) Your payment method declined

(2) You have previously been banned or removed from our app for any reason.

Keep TSUNAMI® we also reserve the right to change fees and payment procedures at any time, including payment options and terms, either immediately upon posting on our App or by further notice to you.

PAYMENT QUESTIONS: If you have a question about a purchase made on the App or your payment card being charged, please contact us at CONTACT@TSUNAMI.TN.

We have the sole discretion to determine how to resolve billing disputes between us.

TAXES: If purchase is required TSUNAMI® by collecting sales tax, use tax, or other equivalent tax (Sales Tax) from you, you will TSUNAMI® by collecting sales tax in addition to purchase fees.

If you do not remit the applicable sales tax to TSUNAMI®, you will be responsible for paying sales tax (and any related penalties or interest) to the appropriate tax authority.

 

8. OWNERSHIP

You acknowledge and agree that each video TSUNAMI® or any other offer made by a user TSUNAMI® user owned TSUNAMI® who created it.

We or our licensors own all rights, title and interest in and to:

(1) Our App and the “look and feel” of our App, including all software, ideas, processes, data, text, media and other content available on our App (individually and collectively, Content TSUNAMI®).

(2) Our trademarks, logos and brand elements.

Our application and content TSUNAMI® the marks are protected under Tunisian and international laws.

You may not duplicate, copy, sell, resell, commercialize or reuse any portion of the Content TSUNAMI®, marks, visual design elements or concepts without prior express written consent.

You hereby grant to us a non-exclusive, royalty-free, fully paid-up, unlimited, worldwide, sublicensable (through multiple levels of sublicenses), perpetual, irrevocable license, in any manner and in all media, whether now known or later invented or conceived (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display and create derivative works (e.g., translations, adaptations, compilations, excerpts or adaptations) of The following is for the purposes of operating and providing our App, developing and improving our products and services, and advertising, marketing and promoting our App, products and services:

(1) Any request (video, text, audio, or otherwise) that you make or send to any Talent User, including information regarding any recipient

(2) Any submission you make to TSUNAMI®, whether through our App, Social Media Platform, Third Party Website, or otherwise, including Reaction Video, Idea, Intellectual Property, Publicity Rights, Customer Service Request, or Feedback (defined below), review, photo, video, email, text, audio, post, or any other communication, whether relating to you or a third party.

You represent and warrant that you either:

You own all rights to any Submissionor you have all necessary rights, including with respect to any third party that has contributed to, is included in, or is referenced in any Submission, to grant us the above rights, you may not submit any confidential or proprietary Submission that contains or includes any information that you do not have. The right to disclose it or you or any recipient does not wish to disclose it.

it will not be TSUNAMI® you will be liable for any use or disclosure of any Submission, including any personal information about you, the recipient or a third party.

We may, for any reason, refuse to accept or submit a Submission or refuse to remove a Submission from our Application.

Furthermore, we reserve the right to decide whether a Submission violates these Terms and we may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Application, or remove or ban you (and any Site) from your account created or controlled by you), or take other appropriate action in our sole discretion if you violate these Terms.

He desires TSUNAMI® to avoid the possibility of misunderstanding in the future if the project was developed by any party TSUNAMI® it may look similar to what you provided.

If your Submission consists of any idea, suggestion, proposal, plan or other material relating to our business (individually and collectively), you acknowledge and agree that you submit such Feedback at your own risk and that TSUNAMI® has no obligation (including no obligation of confidentiality or privacy) with respect to such Feedback, and you grant TSUNAMI® a non-exclusive, royalty-free, fully paid-up, unlimited, worldwide, sublicensable (through multiple levels of sublicenses), perpetual, irrevocable license, in any manner or media, whether now known or not. invented or created thereafter, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (e.g., translations, modifications or other changes), use and exploit in any way (including commercially), any and all comments.

You hereby waive any and all moral rights or "moral code" you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral rights, "moral code" or other rights in your Submission, including comments.

 

9. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY

DMCA NOTICE:

We respond to notices of alleged copyright infringement and terminate access to our application in the event of repeated infringements.

If you believe that material on our App violates your copyright, please send the following information to our Copyright Agent listed below:

Your address, phone number and email address

A description of the work that you claim has been infringed

A description of the material that you claim is infringing and that you request to be removed as well as information about where it is located

A statement that you have a “good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”

An electronic or physical signature of the copyright owner (or the person authorized to act on behalf of the copyright owner)

A statement by you, made under penalty of perjury, that the information you provide is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent:

Bechaouch Co. Ltd

625004 Via House, 26C Hazel Road,

SO19 7GA

Southampton, Hampshire, SO19 7GA, UK

CONTACT@TSUNAMI.TN

‍If you do not follow these requirements, your notice may not be valid. Please note that notices of claimed copyright infringement should only be sent to our Copyright Agent.

TERMINATION POLICY: If we determine that you are a repeat infringer, we may terminate your access to our application, remove or block you (and any Site account you create or control), and take other appropriate actions in our sole discretion.

 

10. PRIVACY

Your privacy is important to us, our Privacy Policy explains how we collect, use and share personal information and other data By using our App, you agree to our Privacy Policy.

 

11. THIRD PARTY CONTENT AND INTERACTIONS

Our App may contain features and functionality that link to or provide you access to third-party content, which is completely independent of TSUNAMI®, including video clips TSUNAMI® websites, platforms, directories, servers, networks, systems, information, databases, applications, programs, programs, products, services, and the Internet in general.

The contents of the video clips TSUNAMI® and other offerings that allow interactions with third parties, including between users, onTSUNAMI®It is the sole responsibility of the persons involved in those interactions.

TSUNAMI® is not responsible for the content of interactions you may have with third parties through Videos TSUNAMI® or other offers.

You should make whatever investigation you feel necessary or appropriate before proceeding with any communication or interaction, in relation to our App or otherwise. However, you agree not to contact or interact with any Talent User except as expressly permitted through our Application.

You also agree that it may TSUNAMI®, at its sole discretion, will intervene in any dispute and will reasonably cooperate with TSUNAMI® if you do that.

You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses or liabilities of any kind or nature incurred as the result of any such interaction.

You hereby release each party TSUNAMI® from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to these Disputes or our Application.

From time to time, an entity may be identified on a Talent User's booking page or associated with a Talent User elsewhere on our App.For example, as a charitable organization or recipient of funds raised (“Charity”), a Talent User’s booking page may indicate that all or a portion of a Talent User’s revenue from a Video TSUNAMI® it will be given to the charity.

These arrangements are strictly between the talent user and the charity and TSUNAMI®

TSUNAMI® is not a sponsor of, endorses, is not affiliated with, or is a business partner of the Charity in connection with these arrangements (unless stated). TSUNAMI® expressly otherwise).

Unless expressly stated, the TSUNAMI® we do not control or make any representations regarding the Charity or any donation to it.

 

12. LINKS

Our application may containOn links to social media platforms or third-party websites.

You acknowledge and agree to the following:

(a) A link does not mean that we endorse or are affiliated with the platform or website or the application

(B) We are not responsible for any damages, losses, costs, expenses or liabilities related to your use of the Platform or Website.

You should always read the terms and conditions and privacy policy of the platform or website before using it.

 

13. CHANGES TO OUR APPLICATION

You acknowledge and agree that we may change or discontinue any aspect of our ApplicationAt any time, without notice to you.

 

14. TERMINATION AND PRESERVATION OF RIGHTS

You can cancel your website account at any time by contacting a member of the team TSUNAMI® on CONTACT@TSUNAMI.TN.

We reserve the right to terminate access to our applicationTo anyone, including you, at any time and for any reason, in our sole discretion, if you violate any of these Terms, your permission to use our App will automatically terminate.

 

15. COMPENSATION

You agree to indemnify Company TSUNAMI® defend and hold harmless it and its parent, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, vendors and licensors from and against any and all claims, costs, actions, demands, losses, damages and expenses (including reasonable attorneys' fees and costs) of any kind or nature arising out of or in connection with or regarding the following:

(A) These terms

(B) use of our application

It is permissible for TSUNAMI® choosing an attorney and controlling the defense of any claim you indemnify, you will reasonably cooperate with us in connection with any claim.

16. DISCLAIMERS AND LIMITATIONS OF LIABILITY

You acknowledge and agree that your use of our applicationIt is at your own risk and our application is provided on an “as is” and “as available” basis.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES DISCLAIM TSUNAMI® disclaims all warranties, conditions and representations of any kind, whether express, implied, statutory or otherwise, including those of merchantability, fitness for a particular purpose and non-infringement arising from a course of dealing or usage of trade, and neither the authors nor the copyright holders of the site IN NO EVENT SHALL ITS COMPONENTS OR SOFTWARE BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OR OTHER DEALINGS IN THE COMPONENTS OR SOFTWARE ASSOCIATED WITH IT.

In particular, do not offer tips TSUNAMI® no representations or warranties about the accuracy or completeness of the content available on or through our App or the content of any social media platform or third-party website linked to or integrated with our App.

You acknowledge and agree that the parties TSUNAMI® you will not be liable for any:

(1) Errors or inaccuracies of content

(2) Personal injury, property damage, or other damage resulting from your access to or use of our App

(3) Any unauthorized access to or use of our servers or any personal information or user data

(4) Any interruption in transmission to or from our application

(5) Any bugs, viruses, Trojan horses or the like that may be transmitted on or through our App

(6) Any damages, losses, costs, expenses or liabilities of any kind incurred as a result of any content published or shared via our application.

You acknowledge and agree that any material or information downloaded or otherwise obtained through our application, including any video TSUNAMI®, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses or liabilities arising out of or in connection with doing so.

No advice or information, whether oral or written, obtained by you from us or through our App, including through a video, will constitute TSUNAMI®, any warranty not expressly made by us.

You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that TSUNAMI® is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content.

You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable or harassing, and you agree to waive, and hereby waive, any legal or equitable rights or remedies you have or may have to the fullest extent permitted by applicable law, You acknowledge and agree that neither party will TSUNAMI® in no event shall we be liable to you or any third party for any indirect, special, incidental, punitive or consequential damages (including loss of profits, revenue or data) or the cost of obtaining replacement products, arising out of or in connection with these Terms, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES OUT OF ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER NOTICE HAS BEEN ADVISED TSUNAMI® whether such damages may arise or not, to the maximum extent permitted by applicable law, our aggregate aggregate liability to you or any third party under these Terms, including all causes of action and all theories of liability, will be limited to and will not exceed the fees received by you.

TSUNAMI® indeed from you during the 12 months preceding the claim giving rise to this liability.

YOU AGREE THAT THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU ANDTSUNAMI®.

 

17. ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS

ARBITRATION: You and I agree TSUNAMI® to resolve any disputes between you and TSUNAMI® through binding and final arbitration rather than through court proceedings.

You give up You hereby waive any right to a jury trial for any controversy, claim, counterclaim or other dispute arising between you and TSUNAMI® RELATING TO THESE TERMS OR OUR APPLICATION ANY CLAIM WILL BE SUBMITTED TO ARBITRATION.

The arbitration will be heard and decided by a single arbitrator.

The arbitrator's decision will be in writing, will include the reasons for the decision, will be final and binding on the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will remain confidential and that the existence of the proceeding and any element thereof (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed outside the scope of the arbitration proceedings, except as may Be legally required in judicial proceedings related to arbitration or under applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

COSTS AND FEES: If you prove that the costs of arbitration will be prohibitive compared to the costs of litigation, you will pay TSUNAMI® as much of the administrative costs and arbitrator fees required for the arbitration as the arbitrator deems necessary to prevent cost-effectiveness of the arbitration.

Arbitration is forbidden. In the final award, the arbitrator may divide the costs of the arbitration and the arbitrator's compensation between the parties in such amounts as the arbitrator deems appropriate.

THERE ARE NO RESTRICTIONS: This Arbitration Agreement does not prevent you or TSUNAMI® from seeking action by federal, state or local government agencies. You are entitled to TSUNAMI® also file any qualifying claim in small claims court. In addition, you and TSUNAMI® reserves the right to apply to any court of competent jurisdiction for interim relief, including pre-arbitration attachments or preliminary injunctions, and any such request will not be deemed inconsistent with these Terms or a waiver of the right to submit Disputes to arbitration as provided in the These terms.

NO CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL: YOU AGREE AND TSUNAMI® However, in relation to any claim, neither may:

(1) Serve as a class representative or special prosecutor

(2) Participation as a member of a class of claimants. You agree that no claim may be arbitrated on a class or representative basis. The arbitrator can decide only individual claims (whether brought by you or by you). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

 

18. OTHER PROVISIONS

THE MAJEURE FORCE: It will not be any party TSUNAMI® responsible under any circumstances for any delay or failure in performance due to acts of God (such as earthquakes, storms, floods, etc.), epidemics, natural disasters or unavoidable accidents.

Interruptions of Internet and telecommunications services, laws, rules, regulations or orders of governmental authorities, acts of war (declared or undeclared), terrorism, hostilities, blockades, civil commotion, embargoes, strikes, or any other event or cause beyond our reasonable control.

NO WAIVER OR MODIFICATION: failed TSUNAMI® enforcement of any right or provision of these Terms will not be prevented TSUNAMI® will not enforce such right or provision in the future and will not be deemed to modify these Terms.

WAIVER: It is permissible for TSUNAMI®, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with an asset sale, merger, acquisition, reorganization, bankruptcy or other transaction or at law.

DIVERSE: The term “including” in these Terms will be construed broadly and will mean “including, without limitation”. Headings are for convenience only and will not be taken into account in interpreting these Terms.

 

19. CHANGES TO THESE TERMS

We may change these Terms and if we do, we will post the revised Terms on our App. The revised Terms will be effective immediately if you accept them (for example, at the time you create an account, log into an existing account, or use or continue to use our App after we post the revised Terms) otherwise they will be effective immediately upon posting.

 

20. TEXT MESSAGES AND DISCLOSURES

By creating an account on our application, you agree toReceive recurring automated promotional and personal marketing text messages (e.g. SMS and MMS) from TSUNAMI®, Including text messages that may be sent using an automatic telephone dialing system, to the mobile phone number you provide when registering or any other number you specify.

keep TSUNAMI® we reserve the right to change the frequency of messages sent at any time, in order to increase or decrease the total number of messages sent.

keep TSUNAMI® we also have the right to change the short code or phone number from which messages are sent.

Not all mobile devices or mobile phones may be supported and our messages may not be deliverable in all areas.

He can't stand it TSUNAMI® its service providers and mobile phone companies supported by the program are responsible for delayed or undelivered messages.

 

21. GIFT CARDS TSUNAMI®

These Additional Terms apply only to closed-loop prepaid cards (each a Gift Card) issued in electronic form by Bechaouch Co. Ltd.

These Additional Terms do not apply to any other Gift Cards that may be issued or offered by the Issuer or Bechaouch Co. Ltd. or its affiliates, including without any fee, coupon or promotion.

As used in these Additional Terms, the term TSUNAMI® to a company Bechaouch Co. Ltd. and its subsidiaries, including the issuer.

BUY GIFT CARDS

The Gift Card is only valid if purchased from the issuer via TSUNAMI® or from a party approved by the issuing authority.

cannot handle it TSUNAMI® responsibility and will not honor any invalid, invalid, misrepresented or invalid Gift Card or balance based on its Gift Card records.

GIFT CARD AMOUNT LIMITS

A customer may purchase a gift card with an opening balance of between 25 TND and 100 TND or more as permitted on TSUNAMI®.

DELIVERY AND ACTIVATION

All gift cards are electronic (unlike physical gift cards) and are only delivered via email

No shipping or handling fees apply

The gift card has no balance or value until payment is received and the recipient activates the gift card

Cannot handle it TSUNAMI® responsibility for any Gift Card that is undeliverable or not received or activated for any reason, including inaccurate delivery information (such as an inaccurate email address), spam filters on the recipient's email, or otherwise.

ACTIVATION

The gift card is only activated after the recipient (who must have or create an account with TSUNAMI®) Steps across TSUNAMI®

SALVATION

The Gift Card may only be activated and redeemed for credits TSUNAMI® via TSUNAMI®

APPLICABLE ENGRAVING WIDTHS

Once redeemed for credits, gift card funds can be used on the site to purchase videos TSUNAMI®.

Credits may not be used in any presentation TSUNAMI® other, including products TSUNAMI® politics, subscriptions or tips for the talent user.

Credits cannot be used TSUNAMI® and the balance or value on the gift card to purchase another gift card.

NOT RELOADABLE

The Gift Card cannot be reloaded, which means no money may be added to the Gift Card after it has been purchased.

REFUSAL TO ACCEPT

You may refuse TSUNAMI® accept payment via gift card if you decide TSUNAMI® the gift card contains an invalid number

You may refuse TSUNAMI® also accept payment by Gift Card if you suspect fraud, error, alteration or misstatement of value, or violation of any applicable law or regulation, its terms, or these Additional Terms.

THERE ARE NO IMPLIED WARRANTIES

A Gift Card is not a credit, debit or charge card. To the extent permitted by applicable law, you disclaim TSUNAMI® disclaims all warranties, conditions and representations of any kind with respect to any Gift Card or the balance of any Gift Card, whether express, implied, statutory or otherwise, including those of merchantability, fitness for a particular purpose, and non-infringement, arising out of the course of dealing or Trade use. To the maximum extent permitted by applicable law, in the event that a valid Gift Card is no longer functional, Issuer's sole remedy and sole liability is to replace such Gift Card.

OTHER CONDITIONS

The gift card will be deactivated, expired and its balance will expireAfter 14 days

Not guaranteed TSUNAMI® that the Gift Cards or their value will be available at all times or at any given time

Not guaranteed TSUNAMI® we will continue to offer gift cards for any given period of time

A company may TSUNAMI® we may suspend or terminate Gift Cards from time to time for any or no reason, in our sole discretion, and without prior notice or liability.

NON-REFUNDABLE

The Gift Card is not redeemable or redeemable for cash

The gift card recipient may notTransfer or assign a gift card

NOT FOR SALE

The Gift Card may not be resold and resale or attempted resale shall be grounds for immediate cancellation of the Gift Card without compensation or further notice

GEOGRAPHICAL RESTRICTIONS

Gift Cards may only be purchased and redeemed by individuals in the Republic of Tunisia, using a payment method issued in the Republic of Tunisia.

LOST OR STOLEN GIFT CARD

It is the purchaser and recipient's responsibility to secure the activation, redemption and/or access numbers for the Gift Card and any Gift Card

Access information can be used by anyone who obtains it lost or stolen gift card or access information will not be replaced TSUNAMI® is not responsible for any lost or stolen Gift Card or Access Information or any unauthorized use of the Gift Card or Access Information.

APPROVALS

Your purchase of a Gift Card and the recipient's use of the Gift Card are subject to the Terms including the Acceptable Use Policy/Community Guidelines and you may not, among other things, use the Gift Card in any way that states or implies that any person, website, business or product is endorsed or Service or sponsored by TSUNAMI® or affiliated with it in any other way.

Issuer may refuse, cancel or suspend any Gift Card, or any request to purchase, activate or redeem a Gift Card, upon suspicion of fraud, error, alteration, mislabeling or violation of any applicable law or regulation. or the Terms or these Additional Terms.

ISSUER CHANGES TO ADDITIONAL TERMS

‍Issuer reserves the right, and each Gift Card holder or purchaser agrees, that Issuer may, at any time, change these Additional Terms, as permitted by applicable law, in its sole discretion.

Such changes may make gift cards more desirable, effective, or practical

To check your gift card balance or value:

Email the issuer at CONTACT@TSUNAMI.TN

Note that the balance provided (whether via email or phone) is an estimate only In most cases, each transaction will be charged immediately, but there may be times when the updated balance is delayed.

To contact us with other questions or for assistance with gift cards, email the issuer at CONTACT@TSUNAMI.TN

 

22. SHOP TSUNAMI® AND MERCHANDISE

These Additional Terms apply when you purchase physical and other non-digital goods in any Store TSUNAMI® online or physically, including stores and events TSUNAMI® pop-up, subject to these Terms orders can be fulfilled from a store TSUNAMI® In whole or in part by any subsidiary, division or subsidiary of TSUNAMI®, or by third parties involved in the sale of goods TSUNAMI®, or through our service providers.

PRICES AND PAYMENT

You can purchase items TSUNAMI® by paying in full using a third-party payment provider of our choice as set out in the Site Terms.

YOU WILL BE CHARGED AT THE TIME OF PURCHASE

The purchase price and other fees applicable to your order, including shipping, handling, service, transaction or processing fees and applicable taxes, will be displayed during checkout and on the checkout pages in the Store. ®

You will be solely responsible for any customs duties, duties or taxes incurred on your order after purchase.

Keep TSUNAMI® we reserve the right to change the prices of products TSUNAMI® at any time and for any reason, including to correct errors

PLACE YOUR ORDER

To place an order, you must provide the exact information requested on the checkout and payment pages, which may include your name, email address, phone number, and billing and delivery addresses.

During the checkout process TSUNAMI® or later, we or our third-party payment provider may request additional information from you in order to process your order or payment. Your order is an offer to buy goods TSUNAMI® specified in accordance with these Additional Terms and is subject to acceptance by us.

AVAILABILITY

They are often commodities TSUNAMI® unique, available in limited quantities, or made to order.

We cannot guarantee that the goods TSUNAMI® displayed for sale on the Site will be available upon or after your order.

We may limit the quantity of items TSUNAMI® which you can purchase at any time, with or without notice, even after you place your order

Keep TSUNAMI® also the right to:

(A) Withdrawal or discontinuation of products TSUNAMI® at any time and for any reason

(B) Merchandise modification TSUNAMI® offered for sale through the store TSUNAMI®, including prices or specifications of goods TSUNAMI® these, and any description, advertising or promotional materials relating thereto at any time, with or without notice.

If it is not the itemthat you have ordered is available by the time your order is processed, we will notify you via email.

TO BE SURE

Upon successful completion of payment, we may send you an acknowledgment to confirm that we have received your order.

This representation does not guarantee that the goods TSUNAMI® the order you have ordered is available for purchase or indicates acceptance TSUNAMI® to offer you to buy the item

When we send you an order confirmation containing the order ID via email, that email indicates acceptance TSUNAMI® to offer you to purchase items TSUNAMI®.

ERRORS AND INACCURACIES

We try to provide you with pictures and descriptions of merchandise TSUNAMI® be accurate, current and reliable. Occasionally there may be typographical errors, errors, or other inaccuracies. Pictures and descriptions of products TSUNAMI® these are examples only and actual products may vary in color, size, proportion, etc.

The actual images, colors and dimensions you see depend on the device you use to browse our store TSUNAMI® this device may not display merchandise TSUNAMI® accurately.

CANCELLING ORDER

A company may TSUNAMI®, in its sole discretion, may refuse or cancel any order at any time and for any reason, whether in whole or in part, including when orders are placed by resellers, dealers and distributors.

In the event that we are unable to provide goods TSUNAMI® after you place your order, we may send you a replacement item.

If we cancel your entire order, we will either not charge you or refund the amount you paid (including all shipping charges, taxes and other charges applicable to the order)

SHIPPING AND HANDLING

We are working hard to process and ship your order as quickly as possible

It may take ten days or more to ship your order

Shipments require a signature upon delivery

If you specify a delivery address other thanTo the billing address associated with your payment method, delivery to this address is at your own risk.

We ship to most countries.

TSUNAMI® great care is taken to deliver your order to you without any damage.

Ownership of a commodity is transferred TSUNAMI®, as well as all risks of damage or loss, to you when an item is delivered TSUNAMI® to the delivery address

Please check the merchandise TSUNAMI® in the presence of the carrier to check the status of your order

You won't be TSUNAMI® is liable to you for any problems, problems, losses, damages, failures, defects or delays in delivery if you provide incorrect information, use non-English or Arabic characters during payment, or do not accept the delivery (for example, your mailbox was full).

RETURNS, EXCHANGES AND EXCHANGES

We work hard to ensure that every purchase from our store TSUNAMI® create a magical moment

If you are not completely satisfied with your purchase, please contact us at CONTACT@TSUNAMI.TN

Within 30 days from the date of delivery

RETURN PROCESS

We want you to be completely satisfied with your order from our store TSUNAMI®.

If you are not completely satisfied with your unworn, unwashed and unused order or you would prefer a different product, your order was lost or damaged during delivery, please let us know within the 30 day return period

We may, in our sole discretion, offer you a choice from the following options:

(1) Replace the item you ordered

(2) A reasonable alternative item you should consider

(3) Credits that you can use to make future purchases from a store TSUNAMI®