KTWIS.com Terms and Conditions

Introduction

This Policy is a guide to the acceptable use of KTWIS.com web facilities and services. Any user in order to use this platform must comply with this policy, the stated purposes and Acceptable Use policies of any other network(s) or host(s) connected, and all applicable laws, rules, and regulations.

KTWIS.com takes no responsibility and assumes no liability for any content uploaded, shared, transmitted, or downloaded by you or any third party, or for anything you may encounter or any data that may be lost or compromised while connected. KTWIS.com reserves the right to disable any user at any time and for any reasons deemed acceptable by the administration.

Inappropriate use of the platform is not permitted. This policy does not enumerate all possible inappropriate uses but rather presents some guidelines (listed below) that KTWIS.com may at any time use to make a determination that a particular use is inappropriate:

Users must respect the privacy and intellectual property rights of others. Users must respect the integrity of our platform and any other public or private computing and network systems. Use of the platform for malicious, fraudulent, or misrepresentative purposes is prohibited. The Platform may not be used in a manner that precludes or hampers other users access to the platform or any other networks. Nothing may be installed or used that modifies, disrupts, or interferes in any way with service for any user, host, or network.

By entering your information and using this platform you agree that we may contact you about events, products and services that may be of interest to you. If you do not want us to use your information in this way, please contact us at enquries@KTWIS.com.ae

1. Using KTWIS.com

In connection with using or accessing our services you agree to comply with this user agreement, our policies, our terms, and all applicable laws, rules, and regulations and you will not:

1.1  Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to KTWIS.com. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to KTWIS.com or someone else;

1.2  Harvest or otherwise collect or use information about users without their consent.

1.3  post false, inaccurate, misleading, deceptive, defamatory, libellous, or illegal content;

1.4  Create listings, post, or upload content in inappropriate categories or areas on our sites.

1.5  Fail to deliver items sold by you, unless you have a valid reason as set out in KTWIS.com policy.

1.6  Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;

1.7  Interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;

1.8  Infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;

1.9  Use or participate our business platform for illegal purposes that breach your countries laws including taxes. The user is solely responsible for such infringement and agrees to take all consequence. KTWIS.com reserves the right to disclose your activities to any regulatory body that requests such information.

If we believe you are violating this User Agreement or any of our policies, or abusing KTWIS.com and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. We may offer a process allowing users to report claimed violations for us to consider and handle through one or more of these options, all in our sole discretion.

2. Policy Enforcement

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

3. Fees and Charges

We charge sellers for the use of our Services. In some cases, where buyers receive supplemental Services such as authentication or storage Services for items in certain categories, we may also charge those buyers for such supplemental Services.

The fees we charge sellers for using our Services to sell goods and services are listed on our Merchant agreement pages. We may change our selling fees from time to time by posting the changes on the KTWIS.com site seven (7) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

4. Purchase Conditions

When buying an item using our Services, you agree that:

• You are responsible for reading the full item listing before purchasing or committing to buy,
• You enter into a legally binding contract to purchase an item when you buy the item, commit to buy the item, regardless of when payment is due or received,
• We do not transfer legal ownership of items from the seller to you,

5. Holds and Restricted Funds

To protect KTWIS.com from risk of liability for your actions as a seller, KTWIS.com Payments Entities (as defined below) may restrict access to your funds for review purposes.

6. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.

7. Authorization to Contact You; Recording Calls; Analysing Message Content

KTWIS.com may contact you using autodialed or pre-recorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. KTWIS.com may also contact you using autodialed or pre-recorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by our user Privacy Policy.

KTWIS.com may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with KTWIS.com or its agents for quality control and training purposes, or for its own protection.

KTWIS.com's automated systems scan and analyse the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of KTWIS.com's User Agreement, including the incorporated terms, notices, rules, and policies. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. KTWIS.com may store message contents, including to conduct this scanning and analysis.

8. Additional Terms

Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, KTWIS.com will set a default rule that is a return policy as a general accepted practice. Sellers may remove or customize their return preferences in their account settings within KTWIS.com. In certain instances, a buyer or seller may be responsible for the cost of return shipping for an item returned to a seller.

KTWIS.com may offer personalized recommendations to you to provide a relevant and engaging experience, helping you sell or buy items of interest to you. These recommendations may consider data related to your KTWIS.com activity, the item, and seasonality, among other factors.

9. Payment Services

Payments for goods and services sold using our Services are facilitated by designated KTWIS.com entities. To receive payment for an item sold using our Services, you must accept and comply with the terms and conditions, including the requirements to provide to KTWIS.com Payment Entities information about you, your business, and the financial account you will use to receive payments.

You may pay for items and services using the payment methods that the KTWIS.com Payment Entities make available, and the KTWIS.com Payment Entities will manage settlement of the payment to sellers. When buying on our Services, you authorize the KTWIS.com Payment Entity to initiate payments using your selected payment method and collect the transaction amounts on behalf of the seller accordingly; payments received by the KTWIS.com Payment Entity from you will satisfy your obligations to pay the seller in the amount of payments received.

In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, Anti-Money Laundering ("AML") compliance, compliance with economic or trade sanctions, in connection with KTWIS.com's internal risk controls or due to potential violations of any policy of KTWIS.com or the KTWIS.com Payment Entity, or a policy of one of the Payment Entity's third-party payment services providers.

KTWIS.com, the KTWIS.com Payment Entity or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on our Services when you make a purchase, redeem a coupon, or make any other transaction on our Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on our Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the payment section in My KTWIS.com. You are responsible for maintaining the accuracy of information we have on file, and you consent to KTWIS.com updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use. By placing a payment method on file with us, you authorize KTWIS.com Payment Entities to charge your payment method(s) for any and all amounts arising from your use of our Services, including charges to recover the proceeds of any fraud perpetrated by you, or charges necessary to recoup amounts refunded to you in error.

If you are entitled to a refund, the KTWIS.com Payment Entities will issue the refund if the KTWIS.com Payment Entities processed the original payment. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.

You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by the KTWIS.com Payment Entities. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the KTWIS.com Payment Entity has no control over, or responsibility or liability for, such fees or actions.

10. Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in KTWIS.com's applications may not occur in real time. Such functionality is subject to delays beyond KTWIS.com's control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, in no event will KTWIS.com (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this User Agreement whether or not they were foreseeable or KTWIS.com was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

·        the content you provide (directly or indirectly) using our Services;

·        your use of or your inability to use our Services;

·        pricing, shipping, format, or other guidance provided by KTWIS.com;

·        delays or disruptions in our Services;

·        viruses or other malicious software obtained by accessing or linking to our Services;

·        glitches, bugs, errors, or inaccuracies of any kind in our Services;

·        damage to your hardware device from the use of any KTWIS.com Service;

·        the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;

·        a suspension or other action taken with respect to your account or breach of the Using KTWIS.com section above;

·        the duration or manner in which your listings appear in search results as set out in the Listing Conditions section below; or

·        your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greatest of (a) any amounts due under the KTWIS.com Money Back Guarantee up to the price the item sold for on KTWIS.com (including any applicable sales tax) plus its original shipping costs, (b) the amount of fees in dispute, not to exceed the total fees you paid to us in the 12 months prior to the action giving rise to the liability.

11. Listing Conditions

When listing an item for sale on our Services, you agree to comply with KTWIS.com's following listing policies and sell practices:

·        You assume full responsibility for the item offered and the accuracy and content of the listing, including listing content created using tools offered by KTWIS.com or third parties such as translation, image editing, and generative artificial intelligence tools,

·        Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). KTWIS.com can't guarantee exact listing duration,

·        Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or KTWIS.com, in its sole discretion,

·        The content you provide complies with all of our listing policies, including the images, videos atc. 

·        Content that violates any of KTWIS.com's policies may be modified, obfuscated, or deleted at KTWIS.com's sole discretion,

·        We may revise product data associated with listings to supplement, remove, or correct information,

·        We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

·        buyer's location, search query, browsing site, and history;

·        item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

·        seller's history, including listing practices, KTWIS.com policy compliance, feedback, and defect rate; and

·        number of listings matching the buyer's query,

·        To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,

·        Some advanced listing upgrades will only be visible on some of our Services,

·        KTWIS.com's duplicate listing may also affect whether your listing appears in search results,

·        Metatags and URL links that are included in a listing may be removed or altered,

·        We may provide you with optional information to consider when creating your listings. Such information may be based on the aggregated sales and performance history of similar sold and/or current listings; results may vary for individual listings. You agree that we may display the sales and performance history of your individual listings to other sellers,

·        Artificial intelligence-based tools may be used to provide you with content; availability and accuracy of these tools and content are not guaranteed,

·        For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, KTWIS.com may require the use of certain payment methods, subject to our policy. For example, for inventory covered by authentication or storage services, buyer and sellers may be subject to escrow and/or payment handling requirements,

·        You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or if the product poses a health or safety hazard as specified by any governmental agency. KTWIS.com has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of, any product you list or sell using our Services,

·        KTWIS.com may publish and promote your listings, including related content such as username, product reviews and feedback on the websites or in the applications, services, and tools of other KTWIS.com Inc. corporate family members or cooperating third-party operators of websites, applications, services, and tools, and

·        Selling fees do not purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including listings, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.

12. General

Except as otherwise provided in this User Agreement, if any provision of our agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.KTWIS.com.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www.KTWIS.com.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through the KTWIS.com Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and KTWIS.com representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

Without limiting KTWIS.com's ability to refuse, modify, or terminate all or part of our Services, KTWIS.com may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the KTWIS.com Service.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement and all terms and policies posted through our Services set forth the entire understanding and agreement between you and KTWIS.com, and supersede all prior understandings and agreements of the parties.