These Terms and Conditions set out your rights and responsibilities when you use www.kiinz.com and/or www.kiinz.ae (“Website”), our mobile apps, and any other website and services provided by KNZ (collectively referred to as our “Services”).
The terms mentioned herein form a legally binding agreement between you and KNZ in relation to your use of any, and parts, of the Service. By using the Services or by registering an account for the Services, you expressly understand and agree to be bound by the Agreement, these Terms and Conditions mentioned within, our Privacy Policy, any policies and guidelines provided on our Website and/or Services, and any future amendments of the above-mentioned (collectively, the “Terms”).
By using our Website, you hereby acknowledge and agree that you have reviewed the additional parts of the Terms, which can be found on our Website.
Privacy
Our Privacy Policy, available on our Website, details how your information is collected, used and shared when you use our Services. By using our Services, you explicitly agree that we can process your information in the ways set out in the Privacy Policy.
KNZ and our sellers process the personal information of users and members (for example: the name of the buyer, email address(es), and delivery address(es)) and are therefore considered separate and independent data controllers of buyers’ personal information under the laws of the United Arab Emirates and EU law. That means that each person is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller will be solely responsible for that unauthorised disclosure.
In the scenario where KNZ and sellers are found to be joint data controllers of buyers’ personal information, and if KNZ is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify and hold KNZ clear of any liability for any expenses and losses it occurs in connection with your processing of buyer personal information. Please refer to Clause 9 below for more information about your indemnification obligations to KNZ.
Account Usage
You need to create an account with KNZ to utilize certain Services of ours. The following outline your use of your account:
You must be 18 years or older to use our Services. Minors under 18, and at least 13 years of age, are permitted to use our Services through an account owned by a parent or legal guardian with the appropriate permission and under their direct supervision of said parent or legal guardian. Children under 13 years of age are not permitted to use KNZ or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.
Ensure to provide accurate information about yourself. It is strictly prohibited to use false information or impersonate another person or entity through your account.
In the scenario where you decide to not have your legal name serve as the name associated with your account, you are strictly not permitted to use language or words that is offensive, vulgar, culturally inappropriate, infringes someone’s intellectual property rights, or otherwise violates the Terms.
You are solely responsible for any activity on your account. In the scenario where you are sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. In the scenario where you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Moreover, you agree that your accounts are not transferable and are not used by a person who is not you.
You are solely responsible for any activity on your account, therefore ensure to keep your account password secure as KNZ will not be liable for any unauthorized use of your account.
The Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship whatsoever between you and KNZ. You are prohibited from demonstrating or implying any of the above-mentioned relationships between you and KNZ.
Content
Content that you post using our Services is your content ( “Your Content”). We do not make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.). However, KNZ retains the right to use any of Your Content for our own advertisements, publishing, marketing, and any other form of utilization of Your Content for the purposes of KNZ and its Services.
You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you are not infringing or violating any third party’s rights by posting it.
By posting Your Content through our Services, you grant KNZ a license to use it. We do not claim any ownership to Your Content, but we have your permission to use it to help KNZ function and grow.
By posting Your Content, you grant KNZ a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote KNZ, your KNZ shop, or the Services in general, in any formats and through any channels, including across any KNZ Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
If content that you own or have rights to have been posted to the Services without your permission and you want it removed, please contact us through our Services. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. KNZ will notify you if any of that takes place.
There are certain types of content we do not allow to have posted on KNZ’s Services. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our policies and guidelines listed on our Services, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
Use of Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular:
You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it is your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws and you must comply with any relevant legal sanctions in the United Arab Emirates, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against KNZ, another KNZ user, or a third party.
You are responsible for paying all fees that you owe to KNZ. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Where applicable, KNZ will calculate, collect and remit value-added tax or VAT and sales tax. Some countries may refer to VAT using other terms, (e.g. Goods and Services Tax (GST)). The Terms shall collectively refer to VAT, GST, and any local sales taxes collectively as “VAT”. Please refer to our Website and contact us for more information on taxes, including details on the taxes KNZ collects and remits from the buyers.
You agree not to crawl, scrape, steal, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both KNZ Intellectual Property and Seller Content) without our express permission.
You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code. You acknowledge that you will face criminal and civil legal liability for any such actions.
The name "KNZ", “KIINZ”, “KIINZ.COM”, “KIINZ.AE”, and the other marks, phrases, logos, and designs that we use in connection with our Services (“the KNZ Trademarks”), are trademarks, service marks, or trade dress of KNZ in the Middle East and other countries and shall not be utilized by you, except as authorized by KNZ.
Any ideas or other materials you submit to KNZ (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
From time to time, KNZ will provide you with certain legal information in writing. By using our Services, you agree to these policies, which describe how we provide that information to you. KNZ has the right to amend or remove these policies, without explicit notice to each user. You agree to check this legal information from time to time on our website.
Termination
You are entitled to terminate your account with KNZ at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You will still remain liable for any outstanding bills to KNZ.
KNZ may terminate or suspend your account (and any accounts KNZ determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If KNZ do esso, you acknowledge that you do not have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. KNZ might notify you that your account has been terminated or suspended, unless you have repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or KNZ terminate your account, you may lose any information associated with your account, including Your Content.
KNZ reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in KNZ’s policies under these Terms. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Warranties and Limitation of Liability
KNZ does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; however, the items on our Services are produced, listed, and sold directly by independent sellers, so KNZ cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release KNZ from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. KNZ is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You explicitly release us from all liability relating to that content.
You may use the Services to interact with other individuals online; however, use of the services does not permit for interaction in person. You understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. You ensure to exercise caution and good judgement in all interactions with others during the use of our Services.
Our Services may contain links to third-party websites or services that we do not own or control (for example, links to Facebook, Twitter, Pinterest, and other forms of social media). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. KNZ is not a party to those agreements; they are solely between you and the third party.
You acknowledge that KNZ does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous or vague.
Indemnification
WARRANTIES.
YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER KNZ, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL KNZ’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE MINIMUM LEGAL LIABILITY IMPOSED BY THE RELEVANT LAW.
In the scenario where KNZ is legally liable as a result of an act performed by you, you agree to defend and indemnify KNZ. You agree to defend KNZ (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
KNZ reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes with Other Users
If you find yourself in a dispute with another user of KNZ’ Services or a third party, it is encouraged to contact the other party and try to resolve the dispute amicably.
Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. You can find details about the case system on our website. KNZ will then have the right to attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgements regarding legal issues or claims. KNZ has no obligation to resolve any disputes.
You release KNZ from any claims, demands, and damages arising out of disputes with other users or parties.
Disputes with KNZ
In the scenario where a dispute arises between KNZ and you, you agree to settle the dispute amicably between us. If no amicable solution can be found within seven (7) working days, then the following will govern any legal dispute between us involving our Services:
The Terms are governed by the laws of Dubai, United Arab Emirates. These laws will apply no matter where in the world you live. In the scenario where you live outside of the United Arab Emirates, KNZ shall have the right to utilize a choice and rules of law it deems fit.
You and KNZ agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the DIFC-LCIA rules then in effect. Judgement on the arbitration award may be entered in any court that has jurisdiction.
KNZ shall have the right to make changes to this Clause 11 Disputes with KNZ after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against KNZ prior to the date the changes became effective. KNZ will notify you of substantive changes to the “Disputes with KNZ” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send KNZ a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and KNZ in accordance with the provisions of this “Disputes with KNZ” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
Changes to the Terms
KNZ may update these Terms from time to time. Should KNZ deem that the changes are material, KNZ shall officially let you know by posting the changes through the Services and/or sending you an email or message about the changes. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
Miscellaneous
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and KNZ regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
Contact
If you have any questions, concerns, or complaints regarding this Policy, we encourage you to contact us using the details below:
