By accessing KiChiKoo you are agreeing to the following terms, which are designed to make sure that KiChiKoo works for everyone. KiChiKoo is provided to you by …... This policy is effective 2016.
Your Account. In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.
If you believe your Account may have been compromised or misused, contact us immediately at KiChiKoo Customer Support.
Using KiChiKoo Services. You will post in the appropriate category or area and will not do any of the following bad things:
violate any laws or our Prohibited Content Policy;
be false or misleading;
infringe any third-party right;
distribute or contain spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm KiChiKoo or the interests or property of KiChiKoo users;
impose an unreasonable load on our infrastructure or interfere with the proper working of the KiChiKoo;
copy, modify, or distribute any other person's content;
use any robot, spider, scraper or other automated means to access KiChiKoo and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent;
bypass measures used to prevent or restrict access to KiChiKoo.
Abusing KiChiKoo Services. Please use the flagging system to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off KiChiKoo if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off KiChiKoo or not, we do not accept any liability for monitoring KiChiKoo or for unauthorized or unlawful content on KiChiKoo or use of KiChiKoo by users.
Global Marketplace. Some of KiChiKoo's features may display your ad on other sites that are part of the global eBay community, like on eBay or our classifieds sites in other countries. By using KiChiKoo Services, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad to another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is flagged on any of our sites, or if we believe it causes problems or violates any law or policy.
Fees and Services. Using KiChiKoo Services is generally free. We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, we may deduct the amount owed from your PayPal account balance).
Content. KiChiKoo Services contains stuff from us, you, and other users. You agree not to copy, modify, or distribute KiChiKoo Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify our designated copyright agent at KiChiKoo Customer Support and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
Reporting Intellectual Property Infringements (Verified Rights Owners - VeRO). Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party's rights. The following steps are for reporting a listing to KiChiKoo that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items or listings through KiChiKoo's VeRO Program. If you have a good faith belief that a listing on any of the KiChiKoo Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is download our Notice of Claimed Infringement (NOCI) form, fill it out, and fax it to KiChiKoo. After we receive your first NOCI, KiChiKoo will confirm your enrolment in our program and send you the instructions on how to submit future reports electronically. We reserve the right to share, in accordance with applicable law, the completed NOCI form with the third party that originally posted the potentially infringing listing.
Disclaimers and Limitations of Liability. The KiChiKoo Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the stuff on the KiChiKoo Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of KiChiKoo, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.
Indemnification. You will indemnify and hold harmless KiChiKoo and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the KiChiKoo Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
General. These terms and the other policies posted on KiChiKoo Services constitute the entire agreement between Marktplaats BV and you, superseding any prior agreements. This agreement is governed by the laws of the Netherlands. We both submit to the non-exclusive jurisdiction of the courts of Amsterdam, The Netherlands. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence) for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
KiChiKoo Canada : User Inquiries
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to KiChiKoo Customer Support.
Mobile Devices Terms
Application Use. KiChiKoo grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.KiChiKoo.com website. You download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.
Intellectual Property – Applications. KiChiKoo owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter KiChiKoo's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any KiChiKoo Application.
Prohibited Countries Policy and Foreign Trade Regulation - Applications. KiChiKoo Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using an KiChiKoo Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).
Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:
iOS – Apple
KiChiKoo grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
Windows - Microsoft
You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, "Disclaiming Distributors") give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.
Last Modified: October, 2016
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