Terms and Conditions

Effective February 1, 2023

Live Svaki Dan, Inc., operates and provides services through www.livesvaki.com (the “Site”). In the below, we reference ourselves as “Svaki Dan”, “we”, or “us”. We will also refer to the Site, and the services available through it as the “Services.” The use of the Site is subject to the following Terms and Conditions (the “Terms of Use”).

BEFORE USING ANY OF THE SERVICES, PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND SVAKI DAN.  BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE AS WELL AS ANY OTHER TERMS, GUIDELINES OR RULES THAT APPLY TO ANY PORTION OF THIS SITE, WITHOUT LIMITATION OR QUALIFICATION. AS A CONDITION TO YOUR ACCESS TO OR USE OF THE SERVICES, YOU CONSENT TO BE BOUND BY THESE TERMS, SO PLEASE DO NOT USE THE SERVICES IF YOU DO NOT AGREE WITH ALL OF THESE TERMS. SOME PARTS OF THE SERVICES MAY HAVE OTHER TERMS, GUIDELINES, OR RULES, AND IF YOU USE THOSE PARTS, THOSE ADDITIONAL TERMS WILL ALSO APPLY. BECAUSE THESE TERMS ARE LEGALLY BINDING, WE WANT TO MAKE SURE YOU UNDERSTAND THEM, SO IF YOU HAVE ANY QUESTIONS, CONTACT US AT W@LIVESVAKI.COM.

1. PRIVACY

We have adopted a Privacy Policy [link to privacy policy site] that you should refer to in order to fully understand how we collect and use your information.  Our Privacy Policy is hereby incorporated into these Terms of Use by reference.

2. ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

3. SECURITY

We take such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.

4. CONTENT

You understand and agree that we own, or (where required, appropriate, or applicable) have licensed, all right, title and interest in and to the Site, including the features, materials, opportunities and services made available on or through the Site, and all information, text, data, graphics, Product images, sound recordings, audio and visual clips, logos, software and all other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of us or our licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without the express prior written permission of us, except as indicated within these terms.

5. Intellectual Property and Trademark

All content that appears on the Services, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Svaki Dan or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site and the Services (collectively the “Marks”) are proprietary to Svaki Dan, or the respective owners of such Marks. Other trademarks, product names and company names and logos displayed on the Site are the property of their respective owners. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. If you would like to request authorization to use the materials or content on the Services, please contact us at w@fordays.com

6. COPYRIGHT AGENT

Svaki Dan respects the intellectual property rights of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Svaki Dan’s intellectual property policy is to (1) remove material that appears in its sole discretion to infringe upon the intellectual property rights of others, and (2) remove any content posted by and terminate the access rights of any “repeat infringer” (i.e., any user that has uploaded content to the Site and for whom Svaki Dan has received more than two takedown notices compliant with 17 U.S.C. § 512(c) with respect to such content).  Svaki dan has discretion, however, to terminate the account of nay user after receipt of a single notification of claimed infringement or upon Svaki Dan’s own determination.

If you believe a work protected by a U.S. copyright that you own has been posted on this Site without authorization, you may notify our designated agent for notices of claimed infringement at w@livesvaki.com.

Your written notice must:

·   Contain your physical or electronic signature

·   Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate the material

·   Contain adequate information by which we can contact you (including mailing address, telephone number and e-mail address)

·   Contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; and

·   Contain a statement that the information in the written notice is accurate

You should consult with your lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement. Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.

7. Limited License and Site Access

Subject to your complete and ongoing compliance with these Terms, you have the right to access and use the Services solely for your personal, non-commercial use. This right will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms. If you are prohibited under applicable law from using the Services, you may not use them.

These rights do not allow you to do any of the following:

·   Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services

·   Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third-party providers’ infrastructure

·   resell or make any commercial use of the Services or any of the Service content.

·   Modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser

·   Copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including any Marks, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise

·   Use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services

·   Harvest or scrape any content from the Services, or using other automated or manual means to take our content without our prior consent

·   Bypass, circumvent, or attempt to bypass or circumvent any feature of the Services or any measures we may use to prevent or restrict access to the Services, including other accounts, computer systems or networks connected to the Services

·   Run any form of auto-responder or “spam” on the Services

·   Otherwise take any action in violation of these Terms or our Privacy Policy

8. Accounts, Registrations and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. Svaki Dan is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or Svaki Dan.

You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Svaki Dan immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that Svaki Dan, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you. Svaki Dan cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.

9. Gift Cards, Discount Codes, and Promo Codes

Discount codes or promo codes have no cash value and cannot be redeemed for cash and cannot be combined with any other offers. Limit one discount code per order. Discount codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain discount codes may have their own redemption period as specified in connection with the discount code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Discount codes are void where prohibited, taxed, or restricted. Svaki Dan reserves the right to change or limit discount codes in its sole discretion.

Gift cards do not expire. Gift cards cannot be replaced or refunded if lost or stolen. Gift cards cannot be returned and cannot be exchanged for cash except where required by law. Store credit, promo codes and other discounts may not be used to purchase gift cards. If a purchase made with a gift card is returned, the funds will be credited back to your account. Gift cards are redeemable by customers in the U.S. only.

10. Risk of Loss

All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

11. Link to Other Websites

Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature, or reliability of web sites accessible from this Site, or web sites linking to this Site.

12. Children

This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this website.

13. Membership

Membership is a benefit that activates after your first purchase. Membership does not cost anything and provides access to “Swap” pricing going forward. Membership neither renews nor cancels. For further details on “Swapping”, please refer to www.livesvaki.com/how-it-works

14. Returns and Exchanges

Please refer to our Shipping and Returns page for the latest terms. At Svaki Dan, we are committed to the best quality and want you to be fully satisfied with the products you receive. We know that shopping online means you likely have not had a chance to try the products first. As a result, we are accepting returns within 100 days of purchase on anything that is unworn and unwashed. This particularly holds for our boxer briefs (for obvious reasons). The product you are returning must be in original and sale-able condition. That is, it must be unharmed and unaltered, not worn, and free of odors. We reserve the right, at our sole discretion, to determine if a returned product is in sale-able condition. If the product does not fit these requirements, we cannot grant a refund. As mentioned, though, we are a small team and want to make sure you are happy and satisfied – and will always be looking for ways to make it work. To request an exchange or return, please reach out to us directly at w@livesvaki.com. We are a small and nimble team and are committed to making the process as easy and seamless as possible for you. Once the returns have arrived back with us, allow up to 15 business days for refunds to be reflected on your bank history (though it usually goes faster). In case of questions, please reach out to w@livesvaki.com

15. Swaps

Swapping is easy and a core benefit of your membership with Svaki Dan. It is up to you to swap or not and you are in charge of when you do it. Swapping costs less than buying because our aim is to reward you for sending your old worn-out clothing back to us. All items you receive are new items. You will earn your swap credit in U.S. dollars. To learn more, check out www.livesvaki.com/how-it-works

16. Shipping and taxes

Standard ground shipping and handling are added to the purchase price during checkout. Expedited shipping may be but is not necessarily available for an additional fee. Taxes will be charged as applicable at checkout based on your total order value. Free shipping on orders above $100.

17. Checking Order Status

Once your products are on their way to you, we will send you an email confirmation with tracking information.

18. Changing or Cancelling an Order

Our team works hard to process orders quickly, so that you do not have to wait. However, this means that although we will try our best to accommodate order modifications, we cannot guarantee them. To cancel an order, contact member services at w@livesvaki.com.

19. Purchase Limits

We want to give all our members an opportunity to buy our products. Therefore, we do not authorize the purchase of commercial quantities of our products, and we may place limits on purchases. We may also, among other things, restrict orders placed by or under the same member account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with members who violate this policy or any other part of our Terms.

20. Language

Presently, our order process only supports the English language.

21. Warranty Disclaimer

The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and, to the fullest extent permitted by law, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SVAKI DAN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY SVAKI DAN OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SVAKI DAN DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.

22. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SVAKI DAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE; (II) UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR SVAKI DAN’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS SITE; OR (VI) USE OF ANY MERCHANDISE MADE AVAILABLE ON OR THROUGH THE SITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SVAKI DAN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SVAKI DAN AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SVAKI DAN, SVAKI DAN’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  YOU UNDERSTAND AND AGREE THAT SVAKI DAN WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.

23. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SVAKI DAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM: (1) YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY CONTENT SUBMITTED OR TRANSMITTED BY YOU VIA THE SITE; (2) ANY USE OF ANY PASSWORD CHOSEN BY OR ISSUED TO YOU; (3) ANY ALLEGATIONS, DAMAGES OR CLAIMS RELATING TO ANY OF YOUR POSTINGS OR COMMUNICATIONS IN ANY FORUMS OR FACILITIES ON THE SITE, OR FOR INFRINGEMENT OR VIOLATION OF ANY THIRD-PARTY RIGHTS; OR (4) ANY VIOLATION BY YOU OF: (A) THESE TERMS OF USE; (B) SVAKI DAN’S PRIVACY POLICY; (C) ANY OTHER TERMS, GUIDELINES OR RULES APPLICABLE TO THE SITE; (D) ANY RIGHTS OF ANY OTHER PERSON OR ENTITY; OR (E) ANY APPLICABLE LAWS, RULES, OR REGULATIONS.  IN NO EVENT SHALL SVAKI DAN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT YOU HAVE PAID SVAKI DAN IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

24. Termination

Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms of Use will still apply.

25. Governing Law

These Terms of Use and the relationship between you and Svaki Dan shall be governed by the laws of the State of New York as if you signed these Terms of Use in New York. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Site or your breach of these Terms of Use.

26. Changes to the Terms

We review these Terms of Use from time to time to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Use at any time. You will know if these Terms of use have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our website constitutes your acceptance of the terms of these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms.

27. Severability

If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

28. Entire Agreement

These Terms of Use constitute the entire agreement between the user and Svaki Dan with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

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