Terms and Conditions
By accessing or using any services on/through Kissly you undertake these Terms and Conditions (the "Terms").
1. Subject Matter of the Terms
- Subject to these Terms, by accepting these Terms of the Kissly (the "Site"), you become a user (the "User") of the Site, and the Site shall provide you with your chosen services, websites and applications (the "Service").
- Your access to and use of the Site and the Service is conditioned on your acceptance of and compliance with these Terms.
- By subscribing to any Service on the Site, You will have the option to accept the Terms. Your subscription shall not be confirmed until you accept the Terms.
|"Goods" –||the goods, services and any other products of the User to be delivered through the Site in
accordance with these Terms.
|"User Website" –||the website of the User, where the Goods are disposed, advertised and where sale-purchase or
other agreements are entered into between the User and the End Customer.
|"Customer" –||the end customer - purchaser or other recipient of the Goods.
|"Intellectual Property" –||shall be any works, creations, inventions, designs, know-how, computer programs, software,
source codes, documents, products, processes, materials, brands, trademarks, images, and any
other similar non-material assets, and any part thereof, distributed by the User.
|"Intellectual Property Rights" –||shall mean patents, rights to inventions, copyright and related rights, trademarks, trade
and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair
competition rights, rights in designs, rights in computer software, database rights, rights
confidential information (including know-how and trade secrets) and any other intellectual
property rights, in each case whether registered or non-registered and including all
applications (and rights to apply for such rights as mentioned under this paragraph), and
renewals or extensions of, such rights and all similar or equivalent rights or forms of
protection which subsist or will subsist, now or in the future, in any part of the world
can in any way be related to what is offered by the User.
3. Obligations, Warranties and Representations
Kissly has the right to terminate your account without notice at any time, if any representation or warranty specified hereinafter is untrue in any respect.
By accepting the Terms, the User warrants and represents the following:
- The User shall be the sole User of the Site, you shall maintain all logins and usernames confidential. Should any third person use your login and username, You shall be liable for any actions of such third person.
- You are at least eighteen (18) years old, unless the law applicable to You establish other age of majority.
- The User has the legal capacity and authority to:
- enter into binding contracts of any nature; if you represent a legal entity, you represent and warrant that you are fully and legally authorized to act on behalf of this legal entity,
- undertake and fulfill these Terms,
- subscribe to and use the Service and the Site, including, where applicable, the buying, selling and listing of items, in accordance with these Terms.
- The User shall not use the Site for any purpose and in any way that is illegal in accordance with law applicable to these Terms and your home law, or prohibited by these Terms.
- All information supplied by You is true and accurate, including information submitted as part of the registration and subscription process.
- The User have the right to legally advertise, sell or otherwise distribute any and all your
Goods, including, but not limited to, the Goods distributed on your Website or otherwise; you
and/or the legal entity represented by have created and/or have obtained all licenses,
permissions, agreements and other consents from the authors, inventors and any other holders of
Intellectual Property Rights to the Goods or any part thereof; and that all sales and
advertisements will be in compliance with applicable legal requirements, including, but not
limited to, your products and services, and any
- Does not infringe any Intellectual Property Rights
- Does not infringe any rights or other persons
- Does not infringe any human rights
- Is in compliance with the applicable legal provisions, including, but not limited to, laws of advertising, competition, copyrights and related rights, etc.
- Is compatible with best practices applicable to your business or other activity.
Without limiting the foregoing, the User is prohibited to disseminate and distribute any of the following:
- Counterfeited and any other illegal products, including, but not limited to, those infringing any Intellectual Property Rights or other rights, such as music; movies; eBooks; games; videos; photographs and software;
- Identity documents, personal financial records or personal information (in any form, including mailing lists);
- Any illegal material, including, but not limited to, obscene material, any kind of pornography, offensive material, hate speeches, etc.;
- Stocks or other securities; or
- Any products that are obtained by illegal means.
For any issues concerning the legitimacy of the Goods, the applicable legal provisions shall apply, and the User shall cooperate and put all reasonable efforts, present responses and any assistance to Kissly, in case of any investigation of the legitimacy of the Goods.The User agrees that any Goods might be removed from the Site by Kissly at any time at its own discretion in accordance with applicable legal provisions.
4. Fees and Payments
By signing up on the Site, selling the Goods via Kissly and using the Service, the User herein expressly agrees that, once any of the Goods are sold, the following fee (hereinafter – the „Fee”) shall be deducted from the User’s payment processor account:
- 20% (twenty percent) fee, if the Goods are sold to a Customer by a User without providing Kissly Promotion Services;
- 40% (fourty percent) fee, if the Goods are sold to a Customer by a User who participates in the Kissly Promotion Services and Kissly Promotion Services has been provided;
The Company does not guarantee any minimum level of success in connection with any Kissly Promotion Services and its selection of Goods to include. As part of Your participation in Kissly Promotion Services You give Us permission to share Your Goods, and information about You and the Goods with Kissly employees and selected partners, for which you will not receive compensation. If You do not wish to participate in Kissly Promotion Services, log into Your account and opt out of them.
The fee shall be deducted from the User's payment processor account or User’s Kissly account balance from the 100% of the price paid by the Customer, the withdrawal shall be conducted by payment processor on behalf of Kissly. By accepting these Terms, the User expressly agrees to this condition and authorizes payment processor and Kissly to withdraw the Fee from the User’s payment processor account. This Fee is inclusive of all taxes, except payment processor fees.
The User hereby acknowledges and expressly agrees that in no way or situation the Fee shall be refunded to the User.
Kissly may unilaterally change the Fee from time to time. The User shall be notified of any such change and the date of entering into force in advance, before reasonable term of time. Should the User do not agree with the new Fee, he/she may immediately terminate the User account in the Site. If the User continues using the Site after the date of the amended Fee’s entering into force, it is deemed that the User has agreed and accepted the amended Fee.
5. Format and Quality of the Goods
The size of one file of the Goods to be stored on the Site is up to 2GB (two gigabytes).
The Goods can be of any form and quality; however, we recommend describing them in detail in the User's product information for the Customers.
6. Cancellation Policy
The User shall have the right to unregister from the Site and terminate the Service at any time by clicking on the "delete account" link in the Account settings page, after confirmation the User’s account on the Site shall be closed.
The data of the User shall be stored within the Site confidentially for 1 (one) year from the expiration of the Time of Termination, and the User shall have the right to renew the subscription. After the expiration of the said term, the data of the User’s account shall be immediately terminated.
If any deduction of the Fee from the User’s accounts occurs in accordance with these Terms and Conditions during the Termination Time, this Fee belongs to the Kissly. If any of the Goods is ordered and delivered within the Time of Termination, the Fee belongs to the Kissly. If any deduction of the Fee occurs after the expiration of the Time of Termination, except the payment is made for the Goods ordered and delivered until the expiration of the Time of Termination, such sums deducted, if any, shall be immediately refunded to the User.
Kissly shall archive and store all details of the use of the Service, including, but not limited to, the invoices, as well as the contact details of the User, for the period of time as established by applicable legal provisions. No personal information shall be transferred to any third parties, except in cases provided by mandatory legal provisions, including, but not limited to, to State Tax Inspectorate, courts of other competent institutions that request such information, or for the purpose of presenting legal claims or defense.
7. Disclaimer of Warranties
Kissly, ITS SUPPLIERS, AND SERVICE PROVIDERS, PROVIDE THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. Kissly, ITS SUPPLIERS, AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES.
BY ACCEPTING TO THESE TERMS, THE USER EXPRESSLY AGREES THAT THIS SECTION 7 IS AN ESSENTIAL ELEMENT OF THESE TERMS AND THAT, IF SUCH SECTION IS ABSENT, THE ECONOMIC TERMS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
8. Limitation of Liability
IN NO EVENT SHALL Kissly, ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE.
Kissly, ITS SUPPLIERS, AND SERVICE PROVIDERS, CUMULATIVE LIABILITY, AND THE LIABILITY OF THEIR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS, TO THE USER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES THE USER HAS PAID TO Kissly FOR THE SERVICES DURING ONE (1) YEAR IMMEDIATELY PRECEDING THE MONTH IN WHICH THE ACTION GIVING RISE TO THE LIABILITY FIRST AROSE.
By entering into these Terms, the User undertakes to indemnify and hold harmless Kissly, its employees, shareholders, directors, its suppliers and service providers, from any and all losses, damages, fines, penalties, governmental regulatory enforcement actions, and other costs (including reasonable attorney’s fees and expenses) finally awarded or agreed to in connection with the adjudication or settlement of any claim, administrative proceeding, cause of action or lawsuit, resulting from any actions or failure to act, violation of these Terms, legal provisions, accident, incident, or mishap occurring anywhere for whatever cause, performed by or connected with the User.
The failure of Kissly to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material, e.g. the amendment of the Fee, we shall notify the User via email associated with the User’s Kissly account in advance, before reasonable term of time. By continuing to access or use the Service after those revisions become effective, the User agrees to be bound by the revised Terms.
If any provision of these Terms is/becomes invalid in accordance with the applicable mandatory legal provisions, this shall not cause invalidity of this contract and the entire Terms, and Kissly shall immediately, after having discovered such incompliance, replace the void provision with the valid one.