- Definitions and Interpretation
Accountmeans Your individual account while accessing the System and using the Service;
Affiliate means,in relation to a party, any entity that controls, is under the control of, oris under common control with, that party, where control means the direct orindirect ownership of more than 50 percents of the voting capital or similarright of ownership of that party or the legal power to direct or cause thedirection of the general management and policies of that party, whether throughthe ownership of voting capital, by contract or otherwise, and controls and controlledshall be interpreted accordingly;
Announcementmeans the User Content that posted on the App or the Website via their Account;
App:Application means the electronic application supplied by Us and/or Our GroupCompanies for You to access to the Service;
ApplicableLaw means all applicable laws, by-laws, enactments, regulations, regulatorypolicies, ordinances, protocols, industry codes, road traffic codes, regulatorypermits, regulatory licences or requirements of any court, tribunal or governmental,statutory, regulatory, judicial, administrative or supervisory authority orbody, which are in force from time to time during the term of these Terms ofUse;
Contentsmeans all contents contained on the App or the Website;
GroupCompanies means a person and its Affiliates (and Group Company will beconstrued accordingly);
LocalTerms means the supplementary or alternative terms for specific countries,cities, municipalities, metropolitan areas or regions which apply to You, asmade available and as updated by Us from time to time;
MobileDevice includes and means Your mobile phone handset, SIM Card and/or otherequipment which when used together enables You to access the network and usethe App;
PCmeans Your personal computer which enables You to access our Website to use theService;
Policies meansany policies, guidelines or directions applicable to You as user, as notifiedto You by Us from time to time, and as may be updated by Us from time to time;
PersonalInformation means data, whether true or not, about an individual who can beidentified from that data, or from that data and other information to which Wehave or are likely to have access. This may include an individual’s name,national ID, date of birth, gender, education background, religion, photo,physical address, e-mail address, working information, marital status,emergence contact, phone number, SIM card details, Account ID and/or passwordthat will be used to access the App after registration and other informationwhich, when taken together with other information, would enable an individualto be identified.
SpecificTerms means the supplementary or alternative terms which may apply tocertain specific parts of the System and/or the Service, as may be notified toYou from time to time;
System meansthe KwickMe system provided by Us to provide users with the Service, includingthe App and related softwares, Websites, platforms and other support systemsand services.
Territory meansthe territory in which You use the Service and the System;
Users'Content means any information/content you posts, represents, downloads, ordisplays through using the System and the Service;
Website meansany website operated by Us or any of Our Group Companies related to the Servicefrom time to time.
- General Provisions
- We do not pursue actions focused on checking of materials posted by Users and expressly disclaims all responsibilities in relation to materials posted by Users.
- We may set limits of active Announcements for appropriate columns and subcolumns. User shall follow all Specific Terms and other requirements displayed by Us related to the use of the Service and columns’ classification. We may render additional services of increasing of a column at Our sole discretion from time to time.
- Your Responsibilities
Youconfirm and commit to Us that:
4.3. You will only use the Service for lawful purposes and only for the purposes forwhich it is intended to be used;
4.4. You shall ensure that any documents, Personal Information provided by You (oron Your behalf) to Us or otherwise via the Website and App are at all timesaccurate, current, complete and not misleading;
4.5. You shall only use an internet access point and Account which You areauthorized to use;
4.6. You shall not engage in any fraudulent, deceptive or misleading conduct; and
4.7. You shall not impair or circumvent the proper operation of the network whichthe Website and App operates on.
- By using the App or any of the Service, You consent to Us collecting and using technical information about the Mobile Device, PC and related software, hardware and peripherals for Service that are internet-based or wireless to improve our products and to provide any Service to You. If You use these Service, You consent to Us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of Your data to determine our credit scoring services or to improve our Service and/or Your experience while Using the App.
- Your Use of the Service
- The Service offered by Us can only be utilized by persons who meets the relevant requirements of Applicable Law. We reserve the right to verify the authenticity and status of Your Account.
- Our acceptance or denial of Your application for an Account will be displayed on the App or the Website.
- We reserve the right to block or deny access to Your Account, and/or block features available in the App, without prejudice to its other rights and remedies:
- during an investigation;
- at any other time in Our reasonable discretion.
- Using the Service, the User shall
- have only one account;
- provide actual, complete and current data during registration, ensure them being updated from time to time when necessary;
- not provide any other person with access to Your Account, including to transfer the Account or information from Your Account to any other person;
- promptly notify Us if You suspect any unauthorized access to or use of Your Account;
- avoid posting of information and objects to the System, which can infringe third parties’ rights and interests;
- Using the Service, the User shall not:
- log in as a User on behalf or instead of a third party (“false account”). However, the User can log in for and on behalf of other individual or legal entity subject to receipt of necessary authorization;
- confuse other Users concerning his/her personality Using login name and password of any other registered User;
- illegally download, store, post, distribute or provide access to or in any other way use intellectual property of any other registered Users and the third parties;
- perform bulk mailing or spam to the addresses of other Users without their consents;
- use software and pursue any other actions aimed to interference with normal operation of the System or Users personal areas;
- download, store, post, distribute and provide access to, or in any other way use viruses and other malware;
- in any way, including, but not limited to, fraudulently, be way of breach of faith or crack, endeavor to get access to other User’s Account name and password;
- perform illegal collection and processing of other individuals’ personal data；
- post any other information, which is undesirable, disagrees with the purposes of creation of the System and the Service, encroaches Users’ interests or otherwise presents itself as undesirable for being posted to the System;
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the System in any way;
- modify or make derivative works based on the System, or reverse engineer or access the underlying software for any reason;
- use the System to build a competitive product or service, build a product using similar ideas, features, functions or graphics as the System, copy any ideas, features, functions or graphics of the System, or launch an automated program or script which may make multiple server requests per second, or which unduly burdens or hinders the operation and/or performance of the System, or attempt to gain unauthorised access to the System or related systems or networks;
- use any application or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure, presentation or content of the System;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material;
- deliberately misrepresent Your location; or
- damage Our or any of Our Group Companies' reputation in any way.
- You warrant and acknowledge that:
- You undertakes full responsibility for obtaining of all necessary permits in relation to any User Content, which you represents, downloads, or displays through using the Service and the System;
- any User Content represented, downloaded or displayed by You does not infringe any copyrights, patents, rights for trademarks, firm names, commercial secrets or any other personal or proprietary rights of any third party ("Third party rights"); and
- You are entitled and authorized for sale, trade, distribution or export, or for offer for sale, trade, distribution or export of products and services described in User Content, and such sale, trade, distribution or export, or offer does not infringe any Third party rights.
- unless otherwise written consented by Us in advance, You shall not post User Content on any Third Party’s application, website or other publishing methods provided by the Third Party which contains the same content as Your Announcement or is substantial the same as Your Announcement.
- Posting of Announcements by the User
- We may request User to provide the documents confirming legitimacy of posting of Announcements in relation to goods and services.
- The User, who posts Announcements with regard to sale of goods and services to the System, shall place information about them in accordance with these Terms and Conditions and provide precise and complete information about the goods and services, as well as about the terms and conditions of sale of them. When the User places information about goods or services, they hereby confirms being legally authorized to sell these goods or render such services pursuant to Applicable Laws, in which they are sold, as well as that he/she has obtained all necessary approvals.
- The User warrants that goods/services he/she offers corresponds with quality norms established by Applicable Laws and Local Terms, in which they are sold.
- The User warrants that goods/services he/she offers, provided that any special permits are needed for sale or rendering of them, will be sold/rendered in accordance with the requirements of Applicable Laws and Local Terms, which special authorities will be empowered to supervise such User’s activity.
- The User shall thoroughly check all information about goods and services posted by him/her to the System, and, in case of any incorrect information detected, add necessary data in the description of goods or services. If no possibility exists to do so, the User shall adjust incorrect information by having annulled the Announcement and posted information about goods or services again.
- The User is not allowed to post or distribute:
- false, misleading or deceitful information;
- disreputable, defamatory, threatening or harassing, improper, unacceptable information;
- discriminative information, or information that facilitates discrimination on the basis of race, sex, religion, nationality, invalidity, sexual orientation or age;
- information which violates Applicable Law;
- appeals to violence and unlawful actions;
- data infringing personal (non-proprietary) rights and intellectual property rights of the third parties;
- information leading to dealings with stolen or counterfeit objects;
- information violating or encroaching on the third party’s property, commercial secret or right to privacy;
- personal or identifying information about other persons without their express written consent;
- information comprising data which may encroach on privacy right, abuse anybody's honor, merit or business reputation;
- information about services deemed to be immoral, such as prostitution or other forms contradicting moral or legal norms;
- references or information about website competing with the System and the Service; or
- information of solely promotional nature with no offers of specific goods or services.
- Your Responsibilities
- You shall at Your own expense provide and maintain in safe and efficient operating order Your Mobile Device and PC necessary for the purpose of accessing the System and the Service.
- You shall be responsible for ensuring the proper performance of Your Mobile Device and PC. We shall neither be responsible for any errors or failures caused by any malfunction of Your Mobile Device and PC, and nor shall We be responsible for any computer virus or related problems that may be associated with the use of the System, the Service, the Mobile Device and Your PC. You shall be responsible for charges due to any service provider providing You with connection to the network and We shall not be responsible for losses or delays caused by any such service provider.
- Your access to the App will be through Your Mobile Device. It is Your responsibility to check and ensure that You download the correct App for Your Mobile Device. We are not liable if You do not have a compatible device or if You do not have the latest version of the App for Your Mobile Device.
- You are solely responsible for having in place an appropriate internet and mobile plan and for any fees charged by Your mobile service operator, such as telephone, SMS and internet data fees. You acknowledge that Your use of the System may consume large amounts of data and that You will be solely responsible for such usage and the associated fees.
- You shall take all reasonable precautions to detect any unauthorised use of the System and the Service. To that end, You shall ensure that all communications from Us are examined and checked by You or on Your behalf as soon as practicable after receipt by You in such a way that any unauthorised use of and access to the System will be detected. You shall immediately inform Us in the event that You have reason to believe that unauthorised use of the Service has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.
- You shall at all times follow the security procedures notified to You by Us from time to time or such other procedures as may be applicable to the Service from time to time. You acknowledge that any failure on Your part to follow the recommended security procedures may result in a breach of Your Account’s confidentiality. In particular, You shall ensure that the Service are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized by You to do so.
- Your Personal Information
- Intellectual property rights
- If User posts legally owned Content to the System, he/she hereby grants to other Users and Us non-exclusive rights for their uses solely in the scope of functionality provided by the System, except when such use damages or may damage legally protected right holder’s interests.
- The User also grants to Us a non-exclusive right to use all User Content, which is located in the System and legally owned by him/her, without a compensation so that We would be able to ensure operation of the System to the extent determined by its functionality and architecture. The above mentioned non-exclusive right is provided for the period of posting of Content to the System covering all countries over the world. We are entitled to assign rights described in this clause to the third parties.
- Responsibility for violation of exclusive rights. The User shall be solely responsible for any content or other information, which he/she downloads or in any other way make publicly available (posts) in the System, or by its means. The User shall not download, distribute or post content in the System, if he/she is not properly entitled to such activity. In case of infringement of rights being detected, the rules of filing of notification on the infringement of rights stipulated herein shall be used.
- Materials/Contents in the System, except those purely posted by the User and have not been adapted, translated, annotated, collated and compiled by Us, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. ("Materials") and trademarks, service marks and logos included in it ("Marks") belong to Us. Any unauthorized use of such Materials and Marks without prior notice of Us is prohibited.
- Without prejudice to the foregoing terms, the copyright and proprietary of the work produced by adapting, translating, annotating or collating the User Content shall belong to Us.
- Term and Termination
- at any time for any reason by giving notice to You;
- where such a suspension or termination is necessary as a consequence of technical problems or for reasons of safety; to facilitate update or upgrade the contents or functionality of the Service from time to time; where Your Account becomes inactive or dormant;
- if We are required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority；or
- if We decide to suspend or cease the provision of the Service for commercial reasons or for any other reason as We may determine in Our absolute discretion;
- Termination shall however not affect any accrued rights and liabilities of either party.
- Indemnities and Exclusion of Liability
12.1.You shall defend, indemnify and hold harmless Us, Our licensors and each suchparty's Affiliates and their respective officers, directors, members, employeesand agents from and against any and all claims, costs, damages, losses,liabilities and expenses (including attorneys fees and costs) arising out of orin connection with:
12.1.2. Your use of the System and/or the Service, including:
- any third party claims arising from Your use of the System and/or the Service;
- any loss or damage that may arise from Your use, misuse, abuse or possession of any third party software, including without limitation, any operating system, browser software or any other software packages or programs;
- any unauthorized access to Your Account or any breach of security or any destruction or accessing of Your data or any destruction or theft of or damage to any of Your Mobile Device and PC; and
- any claims, made by holders/claimants of the third parties or other parties rights, related to the goods and services offered or displayed by You via the System.
12.2.PLEASE READ CAREFULLY THAT ALL SERVICES RENDERED BY US ARE RENDERED “AS IS”,“AS AVAILABLE” AND “WITH ALL FAULTS”, AND WE DISCLAIM ALL WARRANTIES, EXPRESSEDOR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTIES REGARDING CONDITION,QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUEAND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES AREHEREBY EXCLUDED.
12.3.PLEASE READ CAREFULLY THAT WE MAKE NO WARRANTIES CONCERNING AUTHENTICITY,ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENCYOF ANY INFORMATION PROVIDED BY MEANS OF THE SYSTEM; WE MAKE NO WARRANTIESCONCERNING THAT MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE,SALE AND/OR USE OF PRODUCTS OR SERVICES, WHICH ARE OFFERED OR DISPLAYED IN THESYSTEM DO NOT INFRINGE ANY THIRD PARTIES RIGHTS; AND WE MAKE NO WARRANTIES ORREPRESENTATIONS OF WHATSOEVER NATURE CONCERNING ANY PRODUCTS OR SERVICESOFFERED OR PROVIDED IN THE SYSTEM.
12.4.We shall not be responsible for any expressed or implicit, penalty, accidentalor consequential losses or damage of whatsoever nature (including, but notlimited to, losses related to loss of profit or saving, termination ofbusiness, loss of information, loss of benefit), incurred as a result of negligence, delinquency, or in any other way, or any other losses related tothe following actions:
12.4.1. use or impossibility of use of the System;
12.4.2. in case of any defects of goods, patterns, data, information or servicespurchased of otherwise acquired from the User or by any other party by means ofthe System;
12.4.3. infringement of the third-party's rights or claims, or requirements forproduction, import, export, distribution, offer, display, acquisition, saleand/or use of User’s products or services, offered or displayed in the System,which may infringe or may be purported as infringing the third parties’ rights;or a claim of any party related to rights protection;
12.4.4. unauthorized third parties’ access to any User’s data or Personal Information;
12.4.5. actions of any User; or
12.4.6. other actions related to use of the System and arising by negligence, as well.
12.5.You acknowledge that the App has not been developed to meet Your individualrequirements, and that it is therefore Your responsibility to ensure that thefacilities and functions of the App as described meet Your requirements.
12.6.We only supply the App for Your private use. You agree not to use the App forany commercial, business or resale purposes, and We have no liability to Youfor any loss of profit, loss of business, business interruption, or loss ofbusiness opportunity.
- Disputes Resolution