icon

Terms of Service

Last updated: 30th June 2024 

Welcome to Koketu, this document ( "Terms", “Terms and Conditions”, “Agreement“, “Contract”) govern your use of our web pages located at www.koketu.com and mobile application Koketu (“Service”, “Website”, “App”, “Site” “we”, “our”, “us”), and is a legally binding agreement between you as the User (“User”, “You”, “Your”, “Yourself”, “Buyer” and “Service”), and Koketu (“Company”, “Koketu”, “We”, “Us”, “Our”, “Ourselves”).  

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here: www.koketu.com/privacy

We provide the Services through our Website. By accessing the Services through the Website and/or the App, immediately and from your very first access of the Services, you unconditionally and irrevocably agree to be bound by these Terms and Conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance.

Your agreement with us includes these Terms of Service and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service. These Terms apply to all visitors, users and others who wish to access or use Service.

We reserve the right to change these Terms and Conditions. These changes are effective immediately upon posting. When changes come into effect, the revised Terms and Conditions shall supersede the previous version of the Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions

ACCESSING, BROWSING, SCROLLING, VIEWING, CHECKING, RETRIEVING DATA OR OTHERWISE USING KOKETU INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, PLEASE DO KINDLY READ THE TERMS AND AGREEMENTS VERY CAREFULLY BEFORE PROCEEDING AS YOU ARE LEGALLY BOUND WITH IT.

ABOUT

  • Our platform is a dynamic marketplace dedicated to connecting independent contractors offering fashion services with customers seeking personalized fashion advice and products.
  • We aim to simplify the process of shopping for clothing that fits individual body shapes, styles, and budgets.
  • Our mission is to create an accessible and user-friendly environment where anyone with a talent for fashion can become a seller, providing unique and attractive offers.
  • Whether you're looking for personal shopping advice, curated shopping lists, photography, design services, or a range of clothing and accessories, our platform caters to all your fashion needs.
  • We also offer subscription boxes to enhance your shopping experience further.
  • Our goal is to empower individuals to express their style confidently and conveniently, making fashion more inclusive and enjoyable for everyone.

INTERMEDIARY SERVICE

  • Koketu is an online marketplace to connect the Buyers and the Sellers to buy, sell clothes (the “Item”) and provide services to and from each other using our Website and App.
  • We allow Seller to use the Service on Koketu to list Items for sale and/or offer services to other Users.
  • We are working only as an intermediary service, once there has been a transaction entered into between Seller and Buyer.
  • If there is any form of agreement between the two parties to sell any Item this is solely between the relevant Seller and Buyer.
  • We have no control over the quality, safety, morality or legality of any aspect of the Items listed and/or services offered, the truth or accuracy of the listings, the ability of customers to pay for Items.
  • We attempt to provide the Service to ensure it is beneficial for both the Seller and Buyer, we cannot be held liable for the conduct of Users.
  • We have a right to remove or request the withdrawal of any Item listed and/or services offered by a Seller, any Request to buy made by a User, or any transaction made between the two parties.
  • If we reasonably believe any Listing, request or transaction does not comply with these Terms, written notice of the removal or request to withdraw will be provided to the parties involved.
  • We do not pre-screen Users or the content or information provided by Users.
  • We cannot ensure that a Seller or Buyer will actually complete a transaction.
  • We do not transfer legal ownership of Items and/or deliverables of services from the Seller to the Buyer.
  • We cannot guarantee the true identity, age, nationality, or sense of humor of a User

REGISTRATION, LOGIN CREDENTIALS AND SECURITY

  • To access and utilize certain Services, you need to register on the Website and/or the App by providing the Company with the necessary information, such as your full name, business name, address, and contact details.
  • You agree to (i) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and (ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete.
  • Each Koketu account can be accessed by account holder via the Website and/or the App (“Account”).
  • If you provide any information to the Company that is untrue, inaccurate, outdated or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, we may terminate your Account with us and refuse current or future use of any or all of the Services.
  • When registering an Account, as a customer, you may provide the Company with your choice of Account password and username (“Login Credentials”).
  • If you are registering an Account with us as a merchant, Login Credentials shall be provided to you by the Company.
  • You hereby:
    • acknowledge and agree that you are solely responsible for maintaining the confidentiality of your Login Credentials and for any and all activities that occur under your account;
    • agree to notify the Company immediately of any unauthorized use of your account or of any other breach of security. The Company shall not be liable for any loss that you may incur as a result of any third party using your Login Credentials or Account, either with or without your knowledge. However, you may be held liable for losses incurred by the Company as a result of a third party using your Account or Login Credentials.
    • acknowledge and agree that you may not use anyone else's Account at any time, without the express permission of such account holder.

ACCOUNTS

  • When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
  • You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.
  • You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.
  • You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
  • You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
  • You may not use as a username any name that is offensive, vulgar or obscene.
  • We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

PURCHASES

  • If we issue an invoice, all payments for goods and services provided under this Agreement shall be made via credit card, Paypal or cryptocurrency.
  • To purchase any service through our platform, you will need to provide essential payment details, including but not limited to your bank account number, billing address, phone number, and other necessary information.
  • We will issue an invoice to you upon delivery of goods/services. Each invoice shall be due and payable during the checkout. If bank payment is allowed, within thirty (30) days from the date of issuance unless otherwise agreed upon in writing by both parties.
  • You shall make payments to the account specified by Koketu in the invoice. Any changes to the bank account details will be communicated to you in writing at least fifteen (15) days before the change takes effect.
  • Any bank charges or fees associated with the bank transfer shall be your responsibility.
  • You confirm that all information you provide to us is accurate, complete, and up-to-date.
  • We reserve the right to cancel or refuse your order for various reasons, including but not limited to issues with product or service availability, inaccuracies in product or service descriptions or prices, or errors in your order.
  • We also reserve the right to cancel or refuse orders that we suspect to be fraudulent, unauthorized, or involve illegal transactions.

REFUND

  • Except when required by law, paid commission fees are non-refundable.
  • Koketu functions solely as an intermediary service and does not own any of the items listed on its platform. All buying and selling transactions are conducted solely between the Buyer and the Seller.
  • Refunds can be requested by users. If a transaction issue arises, users can submit their case via email to request a refund. Refunds will exclude platform commissions and payment gateway charges to cover administrative expenses.
  • Each refund request will be evaluated, and users will be notified of either approval or denial. Refunds will be processed based on the original payment method, amount, or currency.
  • To mitigate fraud and abuse, there is a limit on the number of refund requests a user can make, which will be reviewed by our Customer Support team.
  • Sellers have the option to offer a partial or full refund for a specific order. Once the Buyer accepts a partial refund, the amount will be automatically credited to the Buyer’s payment method, in the original offer USD amount paid.
  • Sellers may also offer to resend the items or services at no additional cost instead of issuing a refund requested by the customer. In such cases, Koketu will not incur any charges.

CANCELATION POLICY

  • Cancelling as a Buyer:
    • Cancellations concern Items or Services not delivered yet. If the service or product is already delivered (even if the sellers provided the service in advance), it doesn't fall under the term of cancellation anymore.
    • As a Buyer, if you decide to cancel your Buy Request, you can do so by sending an email to contact@koketu.com with full details of the Buy you wish to cancel.
    • Cancellations concern Items or Services not delivered yet. If the service or product is already delivered (even if the sellers provided the service in advance), it doesn't fall under the term of cancellation anymore.
    • If the cancellation request is made within 24 hours of the transaction, you will receive a full refund, minus the platform commission and payment gateway charges, to cover administrative costs.
    • After 24 hours, cancellation is at the discretion of the seller and is available on request only. We encourage Sellers to provide such possibilities for their buyers and to disclose such refund or cancellation policies in their offer.
  • Cancelling as a Seller:
    • A Seller may cancel a Sell Request free of charge within 24 hours of the request being made by sending an email to contact@koketu.com with full details of the Sell you wish to cancel.
    • The seller is required to notify the buyer within 24 hours if they are unable to deliver the product.
    • For offers with a delivery time of less than 24 hours, the seller must inform the buyer before the 24-hour deadline.
  • We encourage our Buyers and Sellers to try and settle conflicts among themselves. If this fails, users can contact Koketu's Customer Support for mediation assistance via the Contact page.
  • The details of each cancellation request will be assessed, and we will respond to the user with either an approval or denial of the request.
  • All refunds are issued minus the platform commission and payment gateway charges, to cover administrative costs.
  • Koketu, through its Payment Services Provider, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
  • Requesting a payment reversal through your payment provider or bank after an Order is accepted and delivered is a violation of these Terms of Service. Doing so may result in your account being temporarily or permanently disabled. Once a dispute is declared with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
  • Eligibility for cancellation requests will be assessed by Koketu based on potential misconduct, violations of our Terms of Service, and improper usage of the Koketu delivery system.
  • Reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, Koketu (or one of Koketu's Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller. 
  • Koketu reserves the right to modify or cancel promo codes at any time.

USE OF APP

  • You may access Koketu and the Services via our App.
  • In order to be able to use the App, you shall (i) download and install the App on a mobile device which is compatible with the App, as well as (ii) have an Internet connection.
  • You agree that you are solely responsible for meeting the aforementioned requirements, which may also (i) bear additional charges and fees, and/or (ii) require you to perform software updates and/or to comply with the terms and conditions of your agreement(s) with your mobile device and telecommunications provider.

SERVICE PROVIDERS

  • We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.
  • These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

PAYMENTS

ANALYTICS

  • We may use third-party Service Providers to monitor and analyze the use of our Service.
  • Google Analytics.
    • Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
    • For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
    • We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

BEHAVIORAL REMARKETING

  • We may use remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.
  • Google Ads (AdWords)
    • Google Ads (AdWords) remarketing service is provided by Google Inc.
    • You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
    • Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

ACCESS AND USE

  • You must only use the Service in accordance with these Terms and any applicable law.
  • You must not (or attempt to):
    • Interfere with or disrupt the Service or the server or networks that host the Site;
    • Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
    • Interfere with security-related or other features of the Service.
  • We do not warrant that the Service will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Service.
  • You must not link to our Service or any part of our Service in a way that damages or takes advantage of our reputation, including but not limited to:
    • In a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
  • In a way that is illegal or unfair.

PROHIBITED USES

  • You may use Service only for lawful purposes and in accordance with Terms.
  • You agree not to use Service:
    • In any way that violates any applicable national or international law or regulation.
    • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
    • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
    • To impersonate or attempt to impersonate us, our employee, another user, or any other person or entity.
    • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend the us or users of Service or expose them to liability.
  • Additionally, you agree not to:
    • Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
    • Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
    • Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
    • Use any device, software, or routine that interferes with the proper working of Service.
    • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
    • Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
    • Take any action that may damage or falsify our rating.
    • Otherwise attempt to interfere with the proper working of Service.

SAFETY

  • User will not (nor assist others to) violate any applicable law, contract, intellectual property, or other third-party right, and User is solely responsible for its conduct while using our Services.
  • User must not directly, indirectly, or through automated or other means:
    • engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
    • impersonate or register on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity, perpetrate fraud, or publish falsehoods or misleading statements;
    • collect information of or about other users in any impermissible or unauthorized manner;
    • use our Services other than for their intended purpose or interfere with, disrupt, negatively affect, or inhibit other users;
    • damage, disable, overburden, or impair our Services;
    • send, distribute, or post spam, unsolicited electronic communications, chain letters, pyramid schemes, or illegal or impermissible communications;
    • post, upload, or share any content which is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or is in our sole judgment objectionable;
    • encourage or provide instructions for a criminal offense;
    • distribute any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
    • bypass, ignore, or circumvent instructions in our robots.txt file or any measures we employ to prevent or limit access to any part of our Services, including content-filtering techniques; or
    • expose us or others to any type of harm or liability.

PRIVACY POLICY

  • Koketu is committed to protecting the confidentiality of the personal data of its users and of all those providing their information to the company in accordance with the privacy policy published on www.koketu.com under the “Privacy Policy” heading. This policy is provided only for www.koketu.com and not also for www.koketu.com managed by other companies, which may be consulted by the user via links.
  • The personal data subjects have the right at any time to obtain confirmation of the existence or otherwise of such data and to know its content and origin, verify its accuracy or request its integration or updating, or correction.
  • Please read our Privacy Policy here: www.koketu.com/privacy 

INTELLECTUAL PROPERTY

  • Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Koketu and its licensors.
  • Service is protected by copyright, trademark, and other laws of Switzerland.
  • Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Koketu.
  • All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this website, our applications, or within the services, are the sole property of Koketu.
  • Unauthorized use of any materials contained on this Website, our applications or within the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party's rights, please contact Koketu immediately at contact@koketu.com.
  • All content, trademarks, data, information or information contained in any materials, or documents used in relation to the Company and the Services, including but not limited to any and all copyrighted works, software, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, information and agreements (“Content”), are the exclusive property of or are licensed to the Company.
  • You may not reproduce, distribute or copy the Content by any means, whether electronically or not, without the Company’s prior written permission.
  • Any and all intellectual property rights in the Content, Services and the Company or otherwise developed by or on behalf of the Company, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Content, Services and the Company or otherwise developed by or on behalf of the Company, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Intellectual Property”), vests in the Company, its licensors or suppliers, as the case may be, and all rights not expressly granted by the Company to you are reserved by the Company.
  • Save as expressly set out herein and in the Contracts, you shall not acquire any right, title or interest in the Company’s Intellectual Property.
  • You may not use the Company’s Intellectual Property in a manner which may (i) place the Company’s Intellectual Property at risk of losing value, and (ii) cause reputational damage to the Company.

ERROR REPORTING AND FEEDBACK

  • You may provide us either directly at contact@koketu.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).
  • You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) the Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) the Company is not under any obligation of confidentiality with respect to the Feedback.
  • In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
  • We shall not be liable for any typo or any information being incorrect in this Agreement, in case you have discovered such type or mistake in wording of this Agreement you may inform us about such mistake directly at contact@koketu.com.

LINKS TO OTHER WEB SITES

  • Our Service may contain links to third party web sites or services that are not owned or controlled by Koketu.
  • Koketu has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
  • YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.
  • WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.

DISCLAIMER OF WARRANTY

  • THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
  • NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
  • THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
  • THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

  • EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.

TERMINATION

  • We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
  • If you wish to terminate your account, you may simply discontinue using Service.
  • All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

KOKETU MEDIATION

  • Koketu acts a simple mediator between the Seller and Buyer.
  • Koketu is not the owner of any of the Items on sale on platform; it takes no part in buying and selling transactions carried out exclusively by the Buyer and the Seller.
  • Koketu does not moderate nor validate the items offered by the user via the Koketu service and does not take any responsibility; directly, indirectly or subsequently for damages of any kind derived from the use or employment of its contents.
  • Koketu takes no responsibility for the activities of the users and or third parties of the service.
  • Koketu are equally not responsible for the legality reliability, utility, veracity, accuracy, exhaustiveness and relevance of any transaction.
  • Generally, the Items or services acquired via the Koketu application cannot be returned except in cases where it has been agreed between the Seller and the Buyer.
  • Similarly, the right to cancel the transactions does not belong to the Koketu application. Except in the case of it being expressly acknowledged in the law, whereby, these rights may only be applied directly by the Buyer before the Seller.
  • Koketu will not take responsibility for any instance of noncompliance on the part of the Seller. 
  • Nonetheless, Koketu offers out Customer Service who will act as an intermediary between the Seller and the Buyer in cases where the Item the Buyer has received is broken, faulty, not working or does not fit the initial description. In order to use this service, the buyer should contact Koketu, in a period of no more than 48 hours after receipt of the item, at contact@koketu.com, Koketu will not acknowledge any claims made outside of this period.
  • Once the claim has been made, it will be assessed internally by Koketu, and where applicable, Koketu will act as a mediator to help solve any issue that may arise between Seller and Buyer but not limited to return of the Item and the reimbursement of the cost and/or replace on the new Item
  • Parties agree for the purposes of the settlement of disputes between Buyer and Seller, an e-mail correspondence, phone call or video conference with the authorized persons of the Koketu shall be the effective and binding method of communication.
  • Koketu’s authorized person will provide mediation service to reach a resolution.
  • Koketu’s Mediation will not last more than 14 days, and if Seller and Buyer are unable to reach an agreement the final option is to proceed to arbitration.

GOVERNING LAW

  • These Terms shall be governed and construed in accordance with the laws of Switzerland without regard to its conflict of law provisions.
  • Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
  • If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect
  • These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
  • Each party irrevocably agrees that the courts of Switzerland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
  • Notwithstanding the specified agreement on jurisdiction, you and the Company shall, if any dispute arises, attempt to settle it by mutual negotiations.

CHANGES TO SERVICE

  • We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice.
  • We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period.
  • From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

AMENDMENTS TO TERMS

  • We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
  • Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
  • You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
  • By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
  • If you do not agree to the new terms, you are no longer authorized to use Service.

INDEMNITY

  • You agree to indemnify, defend and hold harmless us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims demands (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or your breach of any law or the right of third party.

WAIVER AND SEVERABILITY

  • No waiver by the Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
  • If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

ACKNOWLEDGEMENT

  • BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM

CONTACT US

  • For more information about our Term and Conditions, if you have questions, or if you would like to make a complaint, please send your feedback, comments, requests for technical support: by email: contact@koketu.com.
Terms of ServicePrivacy Policy
About
CareersNewsPrivacy PolicyTerms of Service
Support
Subscribe
Apps
iOS App
Android App

© All rights reserved 2024. - Koketu.com

Header Logo