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Terms of Use

Welcome to Kifgo. Make sure to familiarise yourself with all our rules to have a wonderful experience.

These Terms of Use contain the rules and restrictions that govern your use of our services. These Terms are a binding agreement between you and Kifgo. By completing the registration process and/or browsing the Services, you represent that (1) you have read, understand and agree to be bound by the Terms; (2) you are of legal age to form a binding contract with us; (3) you have the authority to enter into the Terms personally; and (4) if you are using the Services on behalf of a company or other entity, (a) you agree that “you” includes you and that entity, (b) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (c) you agree to these Terms on the entity's behalf. You should not access or use the Services unless you agree to be bound by all of these Terms. By agreeing to the Terms, you and Kifgo agree to submit any disputes between us exclusively to individual arbitration and not to sue in court, except in the limited circumstances described below.

  1. Accepting These Terms
  2. Those Other Documents We Mentioned
  3. Your Privacy
  4. Your Account with Kifgo
  5. Your Content
  6. Your Use of Our Services
  7. Termination
  8. Warranties and Limitation of Liability (or the Things You Can't Sue Us For)
  9. Indemnification (and What Happens If You Get Us Sued)
  10. Disputes with Other Users
  11. Dispute Resolution (Rest of World)
  12. Changes to the Terms
  13. Some Finer Legal Points
  14. Contact Information

1. Accepting These Terms

All the documents aligned below add up to our terms of use which will be legally between Kifgo and you. This contract sets out your rights and responsibilities when you use Kifgo.com, therefore please read and understand it carefully. By using any of our Services (even just browsing one of our websites or apps), you're agreeing to the Terms. If you do not agree with the Terms, you may not use our Services. Agree with us? Great, read on!

2. Those Other Documents We Mentioned

All the documents aligned below add up to our terms of use which will be legally between Kifgo and you. This contract sets out your rights and responsibilities when you use Kifgo.com, therefore please read and understand it carefully. By using any of our Services (even just browsing one of our websites or apps), you're agreeing to the Terms. If you do not agree with the Terms, you may not use our Services. Agree with us? Great, read on!

Our House Rules for Everyone. If you use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.

Our Rules for Sellers. If you list any items for sale through our Services, these policies apply to you. You can read them in our policy library.

Our Rules for Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them in our policy library.

All of these policies are a part of our Terms, so be sure to read the ones that are relevant to you. Of course, you’ll still want to read the rest of this document because it applies to everyone!

3. Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is collected, used, and shared when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it through.

Both Kifgo and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and therefore each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Kifgo, will be responsible for that unauthorized disclosure.  

If, however, you (as a seller) and Kifgo are found to be joint data controllers of buyers’ personal information, and if Kifgo is sued, fined, or otherwise incurs expenses because of something that you did (or failed to do) as a joint data controller of buyer personal information, then you agree to defend and indemnify Kifgo in accordance with Section 9 below.

4. Your Account with Kifgo

You’ll need to create an account with Kifgo to use our Services. Here are a few rules about accounts with Kifgo:

A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Kifgo or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.

B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

D. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are generally not transferable.

E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

F. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Kifgo.

G. Cases and Appeals. To participate in our case system (as described in Section 10), or to appeal an action by Kifgo, you must have an account.

5. Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our Services, you grant Kifgo and, as authorized by Kifgo in its sole discretion, third parties, a license to use it. We don’t claim any ownership of Your Content, but we have your permission to use it to help Kifgo function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Kifgo may offer you or Kifgo buyers promotions on the Site, from time to time, that may relate to your listings or other listings on Kifgo.

C. Rights You Grant Kifgo.By posting Your Content, you grant Kifgo and, as authorized by Kifgo in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Kifgo, your Kifo shop, other shops, and listings, or the Services in general, in any formats and through any channels, including across any Kifgo Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

That sounds like a lot, but it’s necessary for us to keep Kifgo going. Consider these examples: if you upload a photo or video of a listing on your Kifgo shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer; if you post a description in English, we can translate it into Sinhala and Tamil so a buyer who can not understand can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade necklace, we can feature it– often along with your shop name and shop pictures– on our homepage, in one of our blogs or even on a billboard to help promote your business and Kifgo’s.

D. Reporting Unauthorized Content. Kifgo has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want to be posted on Kifgo’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

6. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Kifgo, another Kifgo user, or a third party.

B. Pay Your Bills. You are responsible for paying all fees that you owe to Kifgo. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Where applicable, Kifgo will calculate, collect and remit value-added tax or VAT and sales tax. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT.” Please see this FAQ and our and our Fees & Payments Policy for more information on taxes, including details on the taxes Kifgo collects and remits from the buyers. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.

C. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both Kifgo Intellectual Property and Seller Content) without our express permission.

D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.

E. Follow Our Trademark Policy. The name "Kifgo" and the other Kifgo marks, phrases, logos, and designs that we use in connection with our Services (the Kifgo Trademarks), are trademarks, service marks, or trade dress of Kifgo in Sri Lanka. If you'd like to use our trademarks, you agree to follow our Trademark Policy.

F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or other materials you submit to Kifgo (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

G. Talk to Us Online. From time to time, Kifgo will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

7. Termination

Termination By You. We'd hate to see you go, but you may terminate your account with Kifgo at any time from your account settings. You can find more information in this Help article. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.

Termination By Kifgo. We may terminate or suspend your account (and any accounts Kifgo determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Kifgo will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or Kifgo terminate your account, you may lose any information associated with your account, including Your Content. We May Discontinue the Services Kifgo reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Kifgo’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that Kifgo does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Kifgo cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Kifgo from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Kifgo is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Kifgo is not a party to those agreements; they are solely between you and the third party.

Gift Cards and Promotions. You acknowledge that Kifgo does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

9. Indemnification (and What Happens If You Get Us Sued)

We hope this never happens, but if Kifgo gets sued or receives a claim, notice, or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold Kifgo (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

10. Disputes with Other Users

If you find yourself in a dispute with another user of Kifgo’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system with a registered account. You can find details about the case system in this Help article. In our sole discretion, Kifgo will attempt to help you resolve disputes in good faith, but we will not make judgments or determinations regarding legal issues or claims. Kifgo has no obligation to resolve, or to assist in resolving, any disputes.

Release of Kifgo. You release Kifgo from any claims, demands, and damages arising out of disputes with other users or third parties.

11. Dispute Resolution (Rest of World)

If a dispute arises between you and Kifgo, we encourage you to contact Kifgo Support to seek a resolution.

12. Changes to the Terms

We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. If the changes are material, we’ll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account.

13. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Kifgo regarding the Services. If any part of the Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

14. Contact Information

If you have any questions about the Terms, please email us at legal@kifgo.lk

Created on Jun 17, 2024