Terms & Conditions

Site Usage for E-Commerce Section: Terms and Conditions

Introduction

Welcome to Kachinn.com. These are the terms and conditions governing your access to and use of the website Kachinn.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Kachinn.com ("we", "us" or "Kachinn.com") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.

 

Eligibility for Membership

Kachinn.com wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Kachinn.com under this User Agreement or at law, Kachinn.com reserves the right to limit or withdraw access to the Site or the membership of any person if Kachinn.com believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Kachinn.com. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.

 

Your Account and Registration Obligations

When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.

On becoming a member of the Site, you agree:

You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Kachinn.com of any unauthorised use of your password or account or any other breach of security. In no event will Kachinn.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse Kachinn.com for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.

You will provide true, accurate, current and complete information about yourself as prompted by Kachinn.com's registration form (the "Registration Data").

You will not include:

(i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word "kachinn" in your registration user ID.

Your store name shall not include the word "kachinn".

You will treat any other member's information provided to you (in accordance with these terms of use and the information on the Site) by Kachinn.com or any other user as confidential.

You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Kachinn.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Kachinn.com under this User Agreement or at law, Kachinn.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.

Kachinn.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Kachinn.com upon such requests. You acknowledge and agree that if you do not, Kachinn.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.

 

Electronic Communications

You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Kachinn.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

 

Amendments to this User Agreement

You acknowledge and agree that Kachinn.com shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Kachinn.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.

 

Fees and Services

Kachinn.com is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers.

Membership on the Site is free for three (3) months. Kachinn.com does not charge any fee for browsing and buying listed items on the Site. Kachinn.com only charges transaction fees to all sellers when their item is successfully sold on the Site.

Sellers must pay all fees due and payable to Kachinn.com after a successful sale and in the case that a buyer does not complete the transaction, the seller may seek a refund of the relevant transaction fees from Kachinn.com by submitting an online no-sale claim.

Before you list an item for sale through the Site, we request you to contact us for the fees that you will be charged as this may be amended from time to time.  Delivering the items to the buyers is your responsibility and you may charge the buyers a fee for the same. The delivery charges must be clearly mentioned with the listing.

 

Kachinn.com may also choose to temporarily change the fees for our services for promotional events or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site.

Unless otherwise stated, all fees shall be quoted in UAE Dirhams (AED). You must pay all fees payable to Kachinn.com (and any applicable taxes or charges) within 30 days of the date of any invoice to you from Kachinn.com with a valid payment method.

In case of non-payment of fees and/or any applicable taxes and charges by you to Kachinn.com, without prejudice to any other rights and remedies of Kachinn.com under this User Agreement or at law, Kachinn.com without liability reserves the right to:

  • Issue you with a warning regarding the non-payment in question.
  • Temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your membership, if you fail to make the outstanding payment within 7 calendar days of Kachinn.com issuing a warning to you.

 

Kachinn.com also reserves the right to take any necessary steps including legal action in case of non-payment of fees by you to Kachinn.com

  • For accounts over 30 days past due, deduct the amount owed from your Kachinn account balance (and you acknowledge and agree to Kachinn.com doing so in these circumstances) and confirm the same to you by email.
  • Deduct from your Kachinn account
  • Invoice you for a fixed late payment fee (as set out in our Fees and Credit Policy from time to time).
  • Take any steps Kachinn.com considers necessary including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes and charges.

 

Your Information and Privacy

You grant Kachinn.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration, bidding, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the "Information") for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy . You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.

Use of the Site

 

While using the Site, YOU WILL NOT:

  • Post Information or content or list items in an inappropriate category or areas on our Site;
  • Post items you do not have a right to link to or include;
  • Post items that are concurrently listed for sale on a website other than the Site;
  • Post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
  • Post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;
  • Post counterfeit or stolen items;
  • Post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;
  • Post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
  • Post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
  • Post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
  • Post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
  • Post Information or content or list items which may (in our sole discretion) threaten national security;
  • Post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;
  • Use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);
  • Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description or related matters after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
  • Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
  • Attempt to conclude transactions relating to an auction or offer for sale on the Site (including by cancelling an auction or offer of sale) outside of the Site;
  • Use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
  • Claim an item was not sold when in Kachinn.com's sole discretion the item was sold in accordance with this User Agreement and the Site's policies;
  • in case of purchase of/placing a successful bid for an artwork which is marked as "non-exportable" on the Site you agree that the artwork shall not be exported out of the United Arab Emirates or otherwise dealt in any such manner which shall be in contravention of any applicable laws and regulations for the time being in force;
  • manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Kachinn.com;
  • take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to Kachinn.com);
  • transfer your Site account (including feedback) and username to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users;
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • interfere or attempt to interfere with the proper working of the Site;
  • attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features;
  • export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
  • copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way;
  • violate any laws, rules, regulations, guidelines, third party rights or our policies;
  • abuse Kachinn.com's policies or terms and conditions posted on the Site from time to time;
  • directly or indirectly, offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any of the following items:
  • securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
  • living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws;
  • weapons of any description;
  • liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances;
  • religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person;
  • antiquities and art treasures as defined in applicable laws pertaining to antiquities and national treasures;
  • used cellular phone SIM Cards, except if the transaction is in accordance with the local operators' rules pertaining to transfer of ownership of the same;
  • items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user's interest or health;
  • any items identical to other items you have up for auction but which are priced lower than your other items' price, the reserve price of such other item / minimum bid amount;
  • fresh food;
  • non-transferable vouchers; and chemicals.

 

You undertake, represent and warrant that:

  • you are 18 years of age or over the age of 18 years;
  • if you are a corporate representative, you have authority to bind the corporate entity;
  • you are the sole and exclusive legal and beneficial owner of all items of any description that you wish to offer for sale on the Site and you have complete right, title and authority to deal in and offer for sale such items;
  • you will inform Kachinn.com of any postings, items or transactions which appear to be in violation of this User Agreement;
  • you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
  • information you provide on the Site in respect of items you wish to sell shall be as accurate as reasonably possible;
  • you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the bidding, buying or listing processes, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of Kachinn.com;
  • you will not use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
  • you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information;
  • you will not disclose or publicise any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.

 

Copyright

All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Kachinn.com, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Kachinn.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.

 

Trademark

Kachinn.com and its logo are protected by international trademark and other intellectual property rights and laws. Kachinn.com's trademarks may not be used in connection with any product or service that is not Kachinn.com's nor in any manner that disparages or discredits Kachinn.com. All other trademarks not owned by Kachinn.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kachinn.com.

 

Abusing Kachinn.com

Please report problems of any kind or violations of this User Agreement to Kachinn.com. If you believe that your intellectual property rights have been violated, please notify Kachinn.com. Without prejudice to any other rights and remedies of Kachinn.com under this User Agreement or at law, Kachinn.com may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also Kachinn.com can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.

 

Buyer Protection

Kachinn.com has a "Buyer Protection Program" which seeks to assist buyers to ensure their purchase is protected against fraud by any sellers on the Site. If a buyer has purchased an item by way of any of the Kachinn processes and never received it or received an item worth significantly less in value compared to what was described by the seller, the buyer may seek protection under the Buyer Protection Program. The Buyer Protection Program involves reimbursement by Kachinn.com to the buyer of the value of the item only. To be eligible under the Buyer Protection Program a buyer needs to file a complaint with Kachinn.com within 48 hours of receiving (or not receiving) the relevant item. Kachinn.com will investigate the matter and if it has been determined (by Kachinn.com in its sole discretion) that the seller has intentionally defrauded the buyer in relation to the item for which Kachinn.com has reimbursed the buyer, Kachinn.com may limit, suspend or withdraw the seller's access to the Site and/or the seller's membership and Kachinn.com may charge the seller for Kachinn.com's costs in reimbursing the buyer and for any handling and shipping (in accordance with the Fees & Credit Policy . Kachinn.com reserves the right to take such further steps as it considers necessary including without limitation legal action. You acknowledge and agree that if any item returned to Kachinn.com by a buyer is illegal or otherwise unlawful that Kachinn.com may in its sole discretion destroy the item or take any other steps as it considers necessary.

 

Platform for Communication

The Site is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. Kachinn.com does not buy or sell items. Kachinn.com is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. You will not hold Kachinn.com responsible for other users' content, actions, or inactions, or items or Information they list or post. In particular:

 

Kachinn.com is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of items from the seller to the buyer. The contract for sale of any item shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over any item vest with Kachinn.com nor shall Kachinn.com have any obligations or liabilities in respect of such item or the contract between the buyer and seller.

 

Kachinn.com is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.

 

Kachinn.com is not required to mediate or resolve any dispute or disagreement between users.

 

Kachinn.com has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, or the ability of buyers to pay for items.

 

Kachinn.com does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items proposed to be sold or purchased on the Site. In particular, Kachinn.com does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site, nor is Kachinn.com a supplier or manufacturer of any items sold by users or purchased by users.

 

Kachinn.com does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.

 

The Site may include links to third party websites that are controlled by and maintained by others. Kachinn.com cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that Kachinn.com is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Site.

 

Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and Kachinn.com holds no responsibility in respect of such arrangements.

 

Kachinn.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

 

Kachinn.com excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.

 

You release and indemnify Kachinn.com and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.

 

Privacy

Kachinn.com takes reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. Kachinn.com has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that Kachinn.com may process your personal information that you provide to it for the purposes of providing the services on Kachinn.com and for sending marketing communications to you, and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.

 

Breach of User Agreement

Without prejudice to any other rights and remedies of Kachinn.com under this User Agreement or at law or otherwise, Kachinn.com may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:

 

If you breach this User Agreement;

 

If Kachinn.com is unable to verify or authenticate any information you provide; or

 

If Kachinn.com believes (in its sole discretion) that your actions may cause legal liability for you, other users or Kachinn.com.

 

Kachinn.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Kachinn.com or use the Site in any manner whatsoever until such time that such user is reinstated by Kachinn.com. Notwithstanding the foregoing, if you breach this User Agreement Kachinn.com reserves the right to recover any amounts due and owing by you to Kachinn.com or any losses and damages caused by you to Kachinn.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as Kachinn.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Kachinn.com's right to take any actions with respect to that, or subsequent or similar breaches. Kachinn.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.

 

Governing Law

This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.

 

General

If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and kachinn.com with respect to the subject matter hereof.

 

No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.

 

 

Site Usage for Classified Ads and Business Listings: Terms and Conditions

If you browse or otherwise access any content or data on kachinn.com website, mobile site or app, you agree to be bound by these terms. If you do not agree to these terms, please do not use this website.

 

Welcome to Kachinn.com. These are the terms and conditions governing your access to and use of the website Kachinn.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Kachinn.com ("we", "us" or "Kachinn.com") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.

 

We reserve the right to change any or all of our terms of use or other conditions for using our websites at any time by publishing the new terms or conditions on our website.

- Acceptance

- Description of Service and Content Policy

- Featured Ads

- Conduct

- Paid Postings

- Posting Agents

- Access to the Service

- Notification of Claims of Infringements

- Intellectual Property Rights

- User Submissions

- Indemnity

- No Spam Policy

- Dealings with Organizations and Individuals

- Limitation and Termination of Service

- Assignment

- Ability to except Terms of Service

- General Information

- Violation of Terms and Liquidated Damages

- Privacy Policy

- Disclaimer of Warranties

- Limitations of Liability

- Appendixes to the Regulations

- Privacy Policy

- Disclaimer of Warranties

- Limitations of Liability kachinn.com

 

1. Acceptance

1.1 Kachinn DMCC is a Freezone company with its office at JLT -PH2-RET-R5, Jumeirah Lake Towers, Dubai, United Arab Emirates (hereinafter "Kachinn") and provides a collection of online resources which include classified advertisements and chat services (collectively, the "Service") on the website www.kachinn.com and the mobile application of the platform (collectively, the "Website").

 

1.2 The Website and the Service are provided to you subject to these Terms of Use (these "Terms"). By accessing the Website or using the Service, you agree that you have read, understood and agree to be bound by these Terms. For the purpose of the Terms and wherever the context so requires, the terms 'you' and “your” shall mean any person who uses the Website or the Service in any manner whatsoever including persons browsing the Website and its content, posting comments or any content or responding to any advertisements or content on the Website.

 

1.3 By accessing and/or using the Website and/or the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at Kachinn’s sole discretion.

 

1.4 You are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Kachinn or the Service in any way, your only choice is to immediately discontinue use of the Website and the Service.

 

1.5 These Terms may be updated by Kachinn at any time at its sole discretion. Kachinn may send you notices of changes to the Website or the Terms.

 

1.6 Kachinn may provide a translation of the English version of the Terms into other languages. Any translation of the Terms into other languages is for your convenience only and the English version governs the terms of your relationship with Kachinn. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail.

 

2. Description of Service and Content Policy

2.1 This Section 2 has important legal consequences for you. In this section: - the legal responsibilities and liabilities of Kachinn are excluded or limited; - you take on risk, responsibilities and liability; and - any rights you have against Kachinn are limited or excluded. The statements made in this section constitute acknowledgements of fact by you. You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of the statements. Kachinn and/or other persons may have claims and other rights against you as a result of these statements.

 

2.2 Kachinn is the future generation of online classifieds. We act as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Website. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors, Kachinn is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Kachinn is not a party to such transactions, has no control over any element of such transactions, and, as far as the law allows, shall have no liability towards any party in connection with such transactions. As far as the law allows, you use the Service and the Website at your sole risk and responsibility.

 

2.3 You understand that Kachinn is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails or chats or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service ("Content"), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. As far as the law allows, you are responsible for and must evaluate, and bear all risks associated with, the use of any Content. You may not rely on said Content, and under no circumstances will Kachinn be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. Kachinn is not obliged to pre-screen or approve any Content, but Kachinn has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Kachinn’s knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to Kachinn. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. As far as the law allows, Kachinn makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Websites, and your linking to any other websites is, as far as the law allows, completely at your own risk and Kachinn disclaims all liability thereto.

 

2.4 As far as the law allows, you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that:

 

(i) you own or have and shall continue to, for such time the Content is available on the Website, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Kachinn to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and

 

(ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Website, you hereby grant to Kachinn an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Kachinn's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Kachinn in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Kachinn all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose which contravenes these Terms. These rights are perpetual and cannot be revoked by you and will apply and can be exercised throughout the world. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website (this license excludes scrapping cases and any other possible use with commercial purposes). The foregoing license to each user granted by you terminates once you or Kachinn remove or delete such Content from the Website.

 

2.5 Kachinn does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and, as far as the law allows, Kachinn expressly disclaims any and all liability in connection with user Content. Kachinn does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Kachinn may, at its sole discretion, remove any infringing Content. Kachinn reserves the right to remove any Content without prior notice. Kachinn may also terminate a user's access to the Website, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than once and/or has had a user submission removed from the Website more than once. Further, at its sole discretion, Kachinn reserves the right to decide whether any Content is appropriate and complies with these Terms.

 

3. Featured Ads

3.1 Kachinn offers a service known as "Featured Ads" where users may pay a non-refundable fee to have their ads posted in selected locations on the Website, thus potentially increasing an ads' visibility. In order to purchase a Featured Ad, you may be required to transmit certain information through a third party service provider, Click & Buy, a Third Party Website, which may be governed by its own terms of use and other policies. Kachinn makes no representation or guarantee as to the safety or security of the information transmitted to any Third Party Website, and your linking to any Third Party Website is completely at your own risk, and Kachinn disclaims all liability related thereto.

 

4. Conduct

You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:

4.1 that violates any law or regulation;

4.2 that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Kachinn all of the license rights granted herein;

4.3 that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);

4.4 that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;

4.5 that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

4.6 that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant;

4.7 that includes personal or identifying information about another person without that person's explicit consent;

4.8 that impersonates any person or entity, including, but not limited to, a Kachinn employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;

4.9 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

4.10 that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;

4.11 that constitutes or contains "pyramid schemes", “jokes”, "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "bait marketing", "negative option marketing", "referral selling" or unsolicited advertisements of a commercial nature;

4.12 that constitutes or contains any form of advertising or solicitation if (i) posted in areas or categories of the Website which are not designated for such purposes; or (ii) e-mailed to Kachinn users who have requested not to be contacted about other services, products or commercial interests;

4.13 that includes links to commercial services or Third Party Websites, except as specifically allowed by Kachinn;

4.14 that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;

4.15 that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;

4.16 that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

4.17 that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

4.18 contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;

4.19 make any libelous or defamatory comments or postings to or against anyone;

4.20 collect personal data about other users or entities for commercial or unlawful purposes;

4.21 use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;

4.22 post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;

4.23 post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;

4.24 attempt to gain unauthorized access to computer systems owned or controlled by Kachinn or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website;

4.25 use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of Kachinn's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation; or

4.26 use any automated device or software that enables the submission of automatic postings on Kachinn without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.

Any Content uploaded by you shall be subject to relevant laws and may disabled, or/and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.

 

5. Paid Postings

5.1 Kachinn may charge a fee to post Content in some specific areas of the Service (Paid Content). The fee permits Paid Content to be posted in a designated area of the Website. Each party posting Paid Content to the Service is responsible for the Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms. Additional terms regarding Paid Content will be fully stated in the applicable section(s).

 

6. Posting Agents

6.1 As used herein, the term "Posting Agent" refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. Kachinn prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Kachinn. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from Kachinn.

 

7. Access to the Service

7.1 Kachinn grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Kachinn or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). Kachinn may limit the amount of postings displayed on or linked to your website. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Kachinn.

 

8. Notification of Claims of Infringements

If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to Kachinn together with a request to Kachinn to delete the relevant Content in good faith. The notification and the request must contain the following information:

8.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

8.2 Identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;

8.3 Identification of the Content (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Kachinn to locate the material;

8.4 Information reasonably sufficient to permit Kachinn to contact you, such as an address, telephone number, and an electronic mail address;

8.5 A signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;

8.6 A signed statement that the intellectual property-owner hold Kachinn harmless from any claim of any third party in connection with the removing by Kachinn of the relevant content; and

8.7 A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications must be sent to support@kachinn.com.

 

9. Intellectual Property Rights

9.1 The materials on the Website, other than the user Content that you licensed under these Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Kachinn, and are subject to copyright and other intellectual property rights under United Arab Emirates and foreign laws and international conventions. In connection with the Services, the Website may display certain intellectual property goods belonging to third parties. Use of these goods may be subject to license granted by third parties to Kachinn. You shall, in no event, reverse engineer, decompile, or disassemble such goods and nothing herein shall be construed to grant you any right in relation to such goods. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Kachinn reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.

 

10. User Submissions

10.1 Section 10 has important legal consequences for you. In this section: - the legal responsibilities and liability of Kachinn are limited or excluded; - the rights or remedies you may have against Kachinn are limited or excluded; and - you take on risk, responsibilities and liability. You accept that various things can go wrong when using the Website and/or the Service, and/or when viewing and/or using the Content. You take on the responsibility and liability of these events happening and will have no claim against Kachinn if they happen. When using the Website, you will be exposed to Content from a variety of sources, and that, as far as the law allows, Kachinn is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further may be exposed to Content that is inaccurate, offensive, indecent, objectionable, defamatory or libelous and, as far as the law allows, and subject to Section 19, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kachinn with respect thereto.

 

11. Indemnity

11.1 Section 11 has important legal consequences for you. In this section: - the legal responsibilities and liability of Kachinn are limited or excluded; - the rights or remedies you may have against Kachinn are limited or excluded; and - you take on risk, responsibilities and liability. - you indemnify Kachinn and other persons against liability and claims.

As far as the law allows, and subject to Section 19, you agree to defend, indemnify and hold harmless Kachinn, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential),, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your violation of any provision of these Terms; (ii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iii) any claim that your Content caused damage to a third party. As far as the law allows, and subject to Section 19, this defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.

 

12. No Spam Policy

12.1 Section 12 has important legal consequences for you. In this section you take on risk, responsibilities and liability. This may result in you being punished under applicable criminal laws, and/or you becoming financially liable to Kachinn and/or other persons for additional amounts. You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Kachinn email addresses or through Kachinn computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Kachinn may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one users to another in the Kachinn e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of Kachinn computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

 

13. Dealings with Organizations and Individuals

13.1 Section 13 has important legal consequences for you. In this section: - the legal responsibilities and liability of Kachinn are limited or excluded; - the rights or remedies you may have against Kachinn are limited or excluded; and - you take on risk, responsibilities and liability. As far as the law allows, and subject to Section 19, Kachinn shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. As far as the law allows, and subject to Section 19, Kachinn shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. In the event that you have a dispute with one or more other users, as far as the law allows, and subject to Section 19, you hereby release Kachinn, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.

 

14. Limitation and Termination of Service

14.1 Section 14 has important legal consequences for you. In this section: - the legal responsibilities and liability of Kachinn are limited or excluded; - the rights or remedies you may have against Kachinn are limited or excluded; and - you take on risk, responsibilities and liability. Kachinn may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. As far as the law allows and subject to Section 19, Kachinn has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. Kachinn reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Kachinn shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Kachinn, in its