These terms and conditions of Kinetic Glue Online Communities Private Limited (hereinafter referred to as ‘KGO’ or ‘Company’) Marketplace are intended to assist to keep KGO a safe place to trade. KGO through its Website provides online shopping platform wherein Users can purchase/buy the products/goods/articles, etc listed pursuant to the terms and conditions detailed below.

1 Acceptance of terms and conditions: The terms and conditions are the terms on which KGO offers You access to the Services and the Website. By registering as a member of KGO You accept these terms and conditions. If You do not accept these terms and conditions, You must refrain from using the Services. This Agreement shall continue to be in force and effect so long as You are using the Website and its Services.
You further agree that by accepting these terms and conditions and clicking on the “Accept” button You are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, Privacy policy and all applicable laws and regulations.

2 Eligibility: You represent and warrant that You are competent to enter into a legally binding agreement and have the required authority to bind the other party to this Agreement, which when both parties are bound becomes valid and enforceable contract. KGO does not permit You to use the Website without parental or guardian supervision and/or guidance if you are not of the contracting age under applicable laws, rules and regulations.

3 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by KGO from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents Your implied agreement to be bound by the terms and conditions as amended/modified.

4 Terminology:
In these terms and conditions, the following expressions have the meanings set out:
(a) ‘Item’, ‘Items’ means goods, products, articles, books or property that may be bought or sold through the auction or classified process;
(b) ‘Member’ means a registered member of KGO on its Website;
(c) ‘Services’ means any one or more of the services offered/facilitated by KGO from time to time, including online auctions, classifieds, message boards, sms alerts and any other service that KGO may offer;
(d) ‘We’, ‘Us’ and ‘Our’ are a reference to KGO ;
(e) ‘You’ and ‘Your’ are a reference to You;
(f) ‘Website’ means any KGO website through which the Services are offered;
(g) ‘Listing’ means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item or job, whether by auction or classified;
(h) ‘Buyer’ includes You and or any person or an entity using or accessing the Services provided on this Website.
(i) ‘Seller’ includes any person placing a listing to sell Items.

5 SPECIFIC WARNINGS AND COVENANTS
5.1 Registration: You agree and accept that in order to avail the Services, You will have to register on the Website. As a part of the registration process, You are required to provide correct, complete and accurate data/information as sought for. You are solely responsible to maintain, update or change this information to keep it update, correct and accurate.

In the event if it comes to the knowledge of KGO or KGO has reasonable ground to suspect that you have willfully or fraudulently suppressed accurate information or that any information /data provided is untrue, inaccurate, incorrect, incomplete or misleading, KGO has the right to indefinitely suspend or terminate your Membership on this Website.

You are solely and wholly responsible for maintaining the confidentiality of your password, which You will not be under an obligation to reveal to any representative or agent o KGO.

5.2 The services: You acknowledge and agree that this Website of KGO is an online shopping platform, a venue enabling the Users /Buyers to buy Items from Listing listed by the Sellers at the price and any specific terms and conditions indicated by the Sellers. KGO provides a venue to introduce Members who want to buy and sell Items. KGO is merely a facilitator and intermediary to the Buyers and the Sellers for the Items and cannot be and is not a party to control in any manner whatsoever any of the transactions between the Buyer and the Seller. KGO or the Website person does not take any part in the sale of Items other than by providing our Website as a venue for its Members. If a bid is accepted by a Seller, a contract of sale will be formed between the Buyer and the Seller directly. We do not act as agent for either party and do not participate in any sale or transaction between You and other Members, including where You use the credit card service. If You use the credit card service, we simply pass on payments made by one member to another. As a result, even though some of the Services are being referred to as an auction, KGO is not an auctioneer.

KGO hereby expressly states that it reserves the right to change the commercial terms offered to the Buyers and the Sellers including whether or not any part or the whole of the Website becomes chargeable or free access is provided either for a specific tenure or for a specific purpose, etc. Such changes shall be at the sole discretion of KGO.

5.3 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that KGO takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretenses or who attempt to defraud you. KGO gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, including:

1. about ownership of any item;
2. as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website;
3. as to the accuracy or truth of listings;
4. any pricing provided therein;
5. that any item will meet your requirements or expectations; or
6. about the ability of members to complete a transaction, including credit card transactions.

KGO shall be neither liable nor responsible for any actions/inactions of the Seller or any breach of conditions, representations or warranties by the Seller or Manufacturer of the Items Listed on the Website.
Neither will KGO be liable or responsible to mediate or resolve any disputes or disagreements between the Buyer and the Seller.

5.4 Disclaimer: You expressly understand and agree that:

1. your use of the services is at your sole risk. The Website and services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law and without limiting clause 2.2, KGO disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
2. KGO does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
3. No advice or information that is obtained by you from KGO or anyone else shall create any warranty by KGO that is not expressly stated in the terms and conditions; and
4. Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute KGO’ recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
5. While KGO may facilitate payment for some items by credit card, KGO is in no way involved in the transaction itself, and responsibility for any refund rests with the Seller or the concerned third party.
6. While KGO has systems in place to reduce the risk of credit card fraud, KGO is not responsible or liable for protecting Members from credit card fraud. KGO’ fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
7. KGO accepts no liability for any errors or omissions whether on behalf of You or itself or any third parties.
8. KGO is not responsible for any breach of contract between the Buyer and the Seller.
9. The Website does not sell Items for purchase by children. Children Items sold can be purchased by adults. If You are under the legal contracting age, You may transact only with the involvement of Your parent or guardian.

5.5 Your Responsibility and Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of KGO to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member’s acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. KGO’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

You further agree and undertake that You are accessing/using the Services and making Transactions at Your sole risk. In doing so You are assumed to be using Your best and prudent judgment before entering into any transaction through the Website.

5.6 Contracts for sale and purchase of Items: The Website is only to facilitate the Buyers and Sellers to come onto a common platform to buy and sell Items. Thus, any contract for sale or any Items shall be strictly between the Buyer and the Seller and KGO or the Website shall not be privy to the same. At no point in time or under any circumstances whatsoever will any right, title or interest with respect to the Items or any portion or whole of the contract vest with KGO and KGO shall have no obligations, liability or responsibility arising there from. KGO or the Website is not responsible for any delayed performance of deliveries, unsatisfactory performance or Items, or for Items which are out of stock, back orders, returned undelivered or otherwise unavailable for any reason what so ever. The Items are typically offered by the Sellers only for the restricted time during which they are available or until such Items’ stocks or supply last.

5.7 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of KGO’ message boards, your sale or attempted sale of an item prohibited under clause 4.2(d), or arising out of any content or item you submit, post, transmit, or make available through the Services.

5.8 Breach: Without limiting any other rights and remedies available to KGO, KGO may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where KGO considers it appropriate.

6 Basic Principles: KGO expects Buyers and Sellers to:

(a) Conduct themselves honestly and in good faith at all times;

(b) Comply with all laws, including sale of goods and intellectual property laws;

(c) Comply with KGO terms and conditions.

(d) All orders to be pre-approved with an acceptable method of payment which may require You to provide additional information or verification;

(e) The address at which the Items orders by You are to be made should be correct, complete and accurate in all respects;

(f) The Seller has arrange for delivery of Item after receipt of payment from Buyer;

(g) Any and all orders for Items placed by the Buyer through this Website is construed as a firm commitment to purchase and the Buyer and the Seller are obligated to complete their transaction without causing any undue hindrance or delay or contesting the same after acceptance;

7 Sellers agree to:

(a) Make all Listings and other communications with Buyers in good faith.

(b) Describe Items fully and accurately and answer questions promptly.

(c) Only enter Listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an Item in one category only which must be the most appropriate category for Your Item.

(d) Only place Listings for Items that exist and are to be sold. You will not list Items that You are not legally entitled to sell or that are not in Your possession.

(e) Not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this). You agree that KGO may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that You are in breach of this clause at any time.

(f) Accept that listings are not pre-screened for content. KGO reserves the right to remove any Listing that it deems unsuitable or in breach of the terms and conditions.

(g) Respond to emails as soon as possible, and within two working days.

(h) Ensure items are shipped as soon as possible, and within a week of receiving payment and delivery address, unless otherwise indicated in the listing or agreed by both parties.

(i) Charge only fair and reasonable amounts for shipping and make best endeavours to state shipping costs in listings.

(j) Not place negative feedback without making best endeavours to resolve issues through email first. (k) Not engage in retaliatory feedback or behaviour. (l) Not subsequently spam previous Buyers. (m) Observe Buyers rights under KGO privacy policies.

8 Buyers agree to:

(a) Ensure to check the Items, its description and any other information about the Item carefully. As once an order is placed for an Item, You are bound by the conditions of Sale included in the Item’s description.

(b) Make all bids and other communications with Sellers in good faith.

(c) Respond to emails as soon as possible, and within two working days.

(d) Pay for goods purchased as soon as possible, and within a week of the auction closing and receiving payment details.

(e) Not place negative feedback without making best endeavour to resolve issues through email first.

(f) Not engage in retaliatory feedback or behaviour.

(g) Not subsequently spam previous Sellers.

(h) Observe Sellers rights under KGO privacy policies.

9 Frequent traders agree to:

(a) Comply with all relevant laws.

(b) Ensure goods are of acceptable quality, safe and durable, and draw attention to any defects.

(c) Ensure goods are fit for the purposes including any purposes indicated in the Listing.

(d) Act responsibly and promptly to fix any product faults within a reasonable time after the sale (other than those caused by unreasonable use) or offer a replacement or refund.

10 Credit Card payments:

You agree, understand, confirm and state that the credit card details provided by You to transact on the Website will be correct, accurate and is owned by You. You will not use any credit card or other cards belonging to any third party or which is not legally owned by You for making payments.

11 Covenants:

The Seller accepts that:

(a) KGO only facilitates the Service, and does not take any part in the sale itself including as an agent for either party.

(b) KGO makes no warranty that the Service will meet the requirements of all prospective users, or that the Service (including any reports) will be uninterrupted, timely, secure or error free.

(c) KGO bears no responsibility or liability for any misconduct or mistakes by buyers or other third parties who are involved in the transaction.

(d) You, agree to indemnify KGO, its officers and employees against any cost, expenses, damage, liability, claim or demand made by any third party due to or arising out of the Your use of the Service including attorney’s fees caused by or arising out claims based on Your use of the Website, Your actions or inactions including but not limited to warranties, representations or undertakings in relation to this Agreement or arising out of your infringement s any third party proprietary information or material or non-adherence to applicable laws, rules and regulations.

Except as expressly provided in this Agreement all representations or warranties (statutory, express or implied), except any which may not lawfully be excluded, are expressly excluded, including without prejudice to the generality of the foregoing, any implied warranties of merchantability and fitness for a particular purpose.

12 Limitation of Liability:

IN NO EVENT WILL KGO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EVEN IF KGO HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OS USE, DATA OR PROFITS ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE. KGO DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/CONTENTS OF ADVERTISERS ON ITS WEBSITE.

KGO HAS MADE THIS SERVICE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. KGO EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING ANY OBSCENE, VULGAR, PORNOGRAPHIC IMAGES, PHOTOGRAPHS OR A PICTURE ALTERING OR DISTORTING IMAGES AVAILABLE IN AN OBSCENE VULGAR OR PORNOGRAPHIC MANNER.