What are the conflict resolution clauses?
This article forms part of Werkey's Policies and Terms. For more details on these policies, click here.
In case of conflicts, our support team will do its best to resolve the issue. If no agreement can be reached and the user resides in Brazil, the United States or Canada, the option will be to resort to small claims court. In the case of United States and Canada there is the option of filing the claim in binding arbitration. It is prohibited to file the claim in another court or to participate in a non-individual class action against Werkey.
Before taking formal legal action, try contacting our support team first. Most disputes can be resolved amicably to the benefit of all parties.
1. Small causes
Either party may bring a claim before the Small Claims Court in a town agreed upon with Werkey, provided the claim qualifies to be brought before that court.
2. Sending for arbitration
In the United States or Canada, if the dispute is not resolved amicably, you and Werkey agree to resolve any claim relating to these Terms (or other legal terms) by final and binding arbitration, regardless of the type of claim or legal theory. If one party files a claim in a court that is to be arbitrated and the other party refuses to arbitrate, the other party may request a court to compel them to arbitrate (binding arbitration). Either party may also request a court to suspend the court proceedings while the arbitration proceedings are in progress.
3. Arbitration procedure
In the United States or Canada, any disputes involving a claim for less than $10,000.00 (ten thousand US dollars) shall be resolved exclusively by binding non-appearance-based arbitration. The party choosing arbitration shall initiate the proceedings by filing a request for arbitration with the American Arbitration Association (AAA). The arbitration process will be governed by the AAA's Commercial Arbitration Rules, the Consumer Due Process Protocol and the Supplementary Procedures for Resolution of Consumer-Related Disputes. Werkey and you agree that the following rules apply to the proceeding: (a) arbitration will be conducted by telephone, online or on the basis of written submissions only (at the choice of the claiming party); (b) arbitration will not involve personal appearance of the parties or witnesses (unless agreed between Werkey and user); and (c) any award on the award rendered by the arbitrator may be made in any court of competent jurisdiction. Disputes involving a claim in excess of $10,000.00 (ten thousand US dollars) shall be resolved in accordance with the AAA rules with respect to whether the arbitration hearing must be in person.
4. Prohibition of collective actions
Werkey and you agree that you can only move actions between you individually. That means: (a) neither party may bring an action as plaintiff or class member in class action, consolidated action, or representative action; (b) the arbitrator may not combine actions of several persons in a single case (nor preside over any consolidated, collective, or representative action); and (c) the arbitrator's decision in the case of one person may only affect that user, and not other users, and may not be used to decide conflicts of other users. If the court rules that this "Class Action Prohibition" clause is neither applicable nor valid, the "Dispute Resolution" section shall become null and void, but the remainder of the Terms shall continue in effect.
Notwithstanding the "Updating these Terms" section below, if Werkey changes the "Dispute Resolution" section after the last date on which you indicated acceptance of these Terms, you may reject the change by notifying Werkey in writing, either by post or hand delivery to: Werkey Plataforma Digital Ltda, Av. Cezira Giovanoni Moretti, 655, sala 11, Reserva Jequitibá, CEP 13414-157, Piracicaba - SP - Brasil , or by email sent by the email address associated with the user's account to: firstname.lastname@example.org, within 30 days after the date on which the change became effective, as indicated in the text above under "last updated date". To be effective, the notification must include the user's full name and clearly indicate the intention to reject the changes made in the "Conflict Resolution" section. By rejecting the changes, you agree to arbitrate any dispute between you and Werkey in accordance with the provisions of this "Dispute Resolution" section on the last date you indicated your acceptance of these Terms.