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Terms & Conditions
First Version (january, 2019)
Welcome to Kichuguu.com, a free and fee based service website, owned and operated by Tanchin Trading Co. Limited (hereinafter referred to as "TANCHIN"). The following document explains the terms and conditions applicable to your use of Kichuguu.com, including but not limited to accessing Kichuguu.com for whatever purpose, using the information, services and products provided by Kichuguu.com, promoting business between users of Kichuguu.com at home and abroad(also referred to as "Service"). Your use of Kichuguu.com is subject to these terms and conditions (also referred to as "Agreement"), including any other legal notices and regulations applicable to the Service, between you and TANCHIN.
1. Acceptance
1.1
By using Kichuguu.com, you acknowledge the terms and conditions hereof and agree that you will be bound by the terms and conditions contained in this Agreement.
1.2
In addition, this Agreement may be changed or updated by TANCHIN from time to time without any prior notice to you. Changed terms and conditions will become valid upon being posted on Kichuguu.com. Your continuous use of our Service signifies your acceptance of the changed Agreement.
1.3
Unless explicitly stated otherwise, any further upgrade, modification, addition or change to the Service, or any new function that augments or enhances our Service shall be subject to this Agreement. You may stop using the Service at any time.
1.4
This Agreement may not be otherwise modified except in writing signed by an authorized officer of TANCHIN.
2. Users
2.1
Members of Kichuguu.com are natural persons, legal persons and other organizations that have full capacity for civil conduct and are able to assume legal responsibilities independently.If you do not have above qualifications, please do not register or use Kichuguu.com. Otherwise, all consequences resulting from this will be borne by you or your guardian.
2.2
TANCHIN is obligated to advise you that any user, during accessing Kichuguu.com, must behave in accordance with applicable laws. TANCHIN is not responsible for the possible consequence caused by your behavior during use of Kichuguu.com.
2.3
Kichuguu.com may, in its sole discretion, refuse the Service to anyone at any time without any prior notice to you. The Service is not available to temporarily or indefinitely suspended members of Kichuguu.com.
3. Registration Obligations
3.1
In joining or becoming a member of Kichuguu.com, you hereby agree to: (a) provide true, accurate, current and complete information about yourself (such as identification, contact details and etc.) in the "REGISTER FREE" application form (such information being the "Registration Content"), or as part of your continued use of the Service and (b) maintain and promptly update the Registration Content to keep it true, accurate, current and complete.
3.2
If you represent a business entity registered on Kichuguu.com, you promise that you have the authority to bind the entity to this Agreement.
3.3
If you provide any information that is untrue, inaccurate, not current or incomplete, or TANCHIN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TANCHIN reserves the right at its sole discretion to suspend or terminate your Service without any prior notice to you.
3.4
During the registration process, you will create a Member ID and Password. By becoming a registered member of Kichuguu.com (also referred to as "Member"), you could access to your own account by your Member ID and Password.
4. Terms of Use
4.1
You are solely responsible for maintaining the confidentiality of your Member ID and Password, and are fully responsible for all activities that occur under your Member ID and Password. You agree to (a) immediately notify TANCHIN of any unauthorized use of your Member ID or Password or any other breach of its security, and (b) ensure that you properly exit the website at the end of each session. TANCHIN cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement. TANCHIN does not have the duty for your damages causing by force majeure, such as attacks, any interrupts, or malfunction.
4.2
You agree to use the Service only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or guideline in the relevant jurisdictions.
4.3
You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by Kichuguu.com.
4.4
You agree that you are solely responsible for (and that TANCHIN has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which TANCHIN may suffer) of any such breach.
4.5
Kichuguu.com will send or serve any notice or document to your email address (and you agree that when you modify the original email address submitted during the registration process and it is accepted by Kichuguu.com, the new email address will be prevail). If the notice or document arrives at your email system (or the circumstances justify the assumption that the service has been made), the service shall be deemed completed.
4.6
Kichuguu.com is entitled to send all kinds of business information relatingKichuguu services by the contacting you have provided( Including e-mail, mobile phone messages, etc. ). You must send a written notice to us if you refuse to continue to receive the business information.
5. Information collection
5.1
Only registered members can provide, post, send, publish or submit (also referred to as "provide") information (such as files, photographs, videos or other images about person and/or entity, products, services, offers, etc.) on Kichuguu.com. TANCHIN reserves the right (but shall have no obligation) to filter, modify, select and/or delete any or all information it deems inappropriate. Every member is solely & legally responsible for (and that TANCHIN has no responsibility to you or to any third party for) the accuracy, completeness, integrity, timeliness, correctness and non-infringement of the information that you create, display, transmit or provide while using the Service and for the consequences of your actions (including any loss or damage which TANCHIN may suffer) by doing so.
5.2
Each Member acknowledges and warrants that information provided to Kichuguu.com shall not (a) be obscene, contain, infer any pornography, sex-related merchandising, any other content, otherwise promotes explicit sexual materials or is otherwise harmful to people, (b) be defamatory, libelous, unlawfully threatening or unlawfully harassing, (c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (d) infringe or otherwise abet, encourage the infringement ,be in violation of any third party's copyright, patent, trademarks, trade secrets or other proprietary rights, rights of publicity or privacy, or any other Third Party Rights, and (e) be restricted or prohibited by law.
5.3
Though TANCHIN makes great effort to confirm the information provided, TANCHIN does not guarantee & is not legally responsible for the accuracy, integrity, quality & non-infringement of such information.
5.4
TANCHIN collects information about persons/companies, products & offers, and builds its own database. TANCHIN holds copyright over all related information and web designs. Any unauthorized copying or commercial use of content obtained from Kichuguu.com is strictly prohibited, and TANCHIN reserves right to take legal action in the case of such activity.
6. Link
Kichuguu.com may contain links to other websites, but TANCHIN does not have control over such websites and resources by provided by those websites. Please be cautious about such sites' terms and conditions and/or privacy before using such sites. TANCHIN does not endorse and is not responsible for the validity of any content, advertising, service, products or information from said linking websites. You acknowledge that TANCHIN is not liable, or responsible, directly or indirectly, for any damage or loss caused by any content, advertising, service, product or information from the linking websites.
7. Charge
7.1
Access to and the use of Kichuguu.com as well as registration as a Free Member are free of charge. TANCHIN reserves the right to modify the charging clause without prior notice and would post the changed clause on Kichuguu.com immediately.
7.2
TANCHIN provides certain services to users who have undergone a specific registration process and/or verification process and agreed to pay for such services ("Premium Services" such as advertising, trade or membership services). Use of certain services or features of Kichuguu.com that are part of a Premium Service are governed by additional terms and conditions under separate agreements in addition to this Terms & Conditions.
7.3
Please note that we are not responsible for all hardware, software, service and other costs you incur while accessing our website and Internet based data on our servers. TANCHIN reserves the right to change or discontinue, temporarily or permanently, some or all of the services and/or features at any time without notice.
8. Dispute Resolution
8.1
In the event that any user has a complaint, dissension, or dispute with any party to a transaction or other users, such user acknowledges and agrees that TANCHIN has the right (but not the obligation) to accept and deal with the complaint, dissension, or dispute with your authorization. You have to provide materials which could be used as a deterrent against the complaint, dissension, or dispute at a specified time when you receive the notice sent by email or any other means from Kichuguu.com, otherwise TANCHIN would handle the complaint, dissension, or dispute at its sole discretion with its independent judgment, where the resolution would be unfavorable to you. TANCHIN may impose the limitations on, suspend or terminate the use of Service or refuse your accessing Kichuguu.com if there is a breach of the items of this Agreement and other terms, regulations and policies for the uses of any Service.
8.2
You acknowledge and promise that (a) the ability of making a judgment and/or dealing with a complaint, dissension, or dispute is limited, (b) no warrant shall be made that the results would meet your requirements, anticipation, or hope, (c) and in no event shall TANCHIN be liable for the judgment or results. It is TANCHIN's right to decide whether or not to participate in the handling of the complaint, dissension, or dispute.
8.3
You agree to immediately notify TANCHIN of any infringement or breach of your legal rights by using of Service and provide necessary evidences. You are liable for the authenticity and legitimacy of your deed.
8.4
If the Member is in breach of any items of this Agreement or other terms, regulations and policies for the uses of any Service, according to the legally effective judgments or orders of the people's court verify or TANCHIN' suspicion at its sole discretion, TANCHIN reserves the right to publish the records of such breach on the website, and make other appropriate treatments, including but not limited to termination of Service, prohibition of the use of Kichuguu.com permanently.
9. Termination
9.1
TANCHIN withholds the right to temporarily or permanently terminate your use of Service or refuse your accessing Kichuguu.com for any of the following reasons where you:
(a) Utilize Kichuguu.com for fraudulent or illegal activities, or violate any applicable law, regulation or guideline, or are engaged in activities that may damage the rights of TANCHIN or others.
(b) Utilize Kichuguu.com to send or provided false information in connection with your member account or spam messages or repeatedly publish the same product information.
(c) Post any material to members that are not related to international trade or business cooperation.
(d) Impersonate or unlawfully use another person's or companies' name to post information or conduct business of any form.
(e) Undertake any scheme to undermine the integrity of the computer or networks used by Kichuguu.com and/or any other users and attempt to gain unauthorized access, use, modification or control of such computer systems or networks.
(f) Post or transfer documents or materials that contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
(g) Obtain by any means Kichuguu.com member's username and/or password.
(h) Transfer the service of Kichuguu.com (including but not limited to the member's username and password) or relevant business information obtained from Kichuguu.com in any form.
9.2
TANCHIN reserves the right to terminate your Service, refuse your use of Service or refuse your accessing Kichuguu.com at any time for any reason, at its sole discretion, with or without notice. When your use of the Service is charged, we're entitled to doing so based on reasonable suspicion and notification by email, and not responsible for the consequences (including any loss or damage) of the actions by doing so.
9.3
You will not be able to (a) use the website or the Service, (b) post, provide, send or publish information on the website, (c) allow others to post, provide, send or publish information on the website on your behalf. Your registration information or any other information you provided will be deleted or discard. We reserve the right to pursue your legal responsibilities for your breach of law or Agreement.
10. Liability Disclaimer
10.1
Kichuguu.com will not be liable for interruption to Service directly or indirectly as a result of acts of god, hardware malfunction, software related problems, telecommunications, electrical failures, strikes, labor disputes, riots, war, governmental actions, human error or other obstacles. The services available to you on Kichuguu.com may contain errors and our service is subject to periods of interruption. While TANCHIN does its best to maintain the services available on Kichuguu.com, TANCHIN cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this website.
10.2
TANCHIN provides the services on Kichuguu.com "as is," with no warranties whatsoever. All express warranties and all implied warranties, including warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law.
10.3
In no event shall TANCHIN be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the performance of Kichuguu.com or from any members' use of services provided through this website, even if Kichuguu.com has been advised of the possibility of such damages.
10.4
Kichuguu.com will be translated into Swahili, French, Spanish, Portuguese, Arabic and Indian versions by translation software. TANCHIN isn't responsible for the difference between English version and aforementioned other language versions of the website. If there is any conflict, the English version shall prevail.
10.5
If you are dissatisfied with Kichuguu.com, or any portion, your exclusive remedy shall be to cease using the website.
10.6
TANCHIN owns all legal rights, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
10.7
In order to comply with laws, regulations,policies of other countries, which are always different, the content may be slightly different when users access from different countries. TANCHIN does not accept any responsibility for blocking the display of informations which are violation of laws, regulations and policies of other countries.
11. Disclaimer of Warranties for Products Database
You expressly agree that use of our database contained on Kichuguu.com is at your own risk. TANCHIN shall not be responsible for any content found on this database. TANCHIN expressly disclaims all warranties of any kind, whether implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. TANCHIN makes no warranty that our database will be uninterrupted, timely, securely or error free.
You acknowledge and agree that any material, and/or data downloaded or otherwise obtained through use of the database on Kichuguu.com is done at your own discretion and risk. You will be solely responsible for any damages to your computer system or loss of data that result from the download of such material and/or data.
Kichuguu.com, TANCHIN, its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any loss or injury resulting from using of Offer Board or Products Directory on Kichuguu.com, or for any decision made or action taken by you in reliance on content contained in Offer Board or Products Director. Kichuguu.com, TANCHIN, its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any direct, consequential, special, incidental, indirect, or similar damages, even if you are advised of the possibility of such damages, resulting from the use or the inability to use the service.
Some jurisdictions do not allow the exclusive of certain warranties, so some of the above exclusions may not apply to you.
12. Security
Kichuguu adopts strict security policies. If any member should interfere with our security policies they shall be temporarily or permanently banned from using Kichuguu.com and its related services. In addition information published by other members will not be available to those members whose access to Kichuguu.com has been terminated.
13. Indemnification
You agree to indemnify and hold Kichuguu.com, TANCHIN, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Offer Board or Product Directory on Kichuguu.com, the violation of these terms and conditions by you, or the infringement by you, or other user of Offer Board or Product Directory using your computer, of any intellectual property or other right of any person or entity. TANCHIN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
14. Jurisdiction
The interpretation and application of this Agreement, as well as disputes relating to this Agreement, shall be dealt with in accordance with the laws of People's Republic of China. Each party shall apply to Guangzhou Tianhe People's Court which holds the jurisdiction on the disputes.