Terms of Service

IMPORTANT NOTICE: Please be advised that by utilizing the services (as defined below), you acknowledge your acceptance of the following terms and conditions. If you do not consent to the terms and conditions outlined herein, kindly refrain from using the services.

ACCEPTANCE OF TERMS

The subsequent document outlines the terms and conditions governing your access to and utilization of the website provided by Kibeeri Ltd. (“Company” or “We”), including its content, features, and services (referred to collectively as the “Services”). By using any part of the Services, you, the user (“you” or “user”), agree to comply with these Terms of Use, along with the Privacy Policy available on the Services, constituting a legally binding agreement between you and the Company. If you do not comprehend or consent to these Terms, it is advisable to promptly exit the Services and refrain from any further use. The Company reserves the right to unilaterally modify or supplement these Terms at any time. In the event of significant alterations, we will notify you via email or prominently on our website. Regularly reviewing the Terms on our Services is recommended, as continued usage after modifications indicate acceptance of such changes. If you find any provisions of these Terms unacceptable, please refrain from using the Services.

2. LICENSE

2.1 LIMITED LICENSE TO ACCESS THE SERVICES.
Under the conditions outlined herein, the Company provides you with a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to access and utilize the Services for personal, non-commercial purposes, solely in accordance with the terms specified herein. This license remains effective until terminated as per the terms herein.

2.2 LIMITATIONS ON USE.
You agree to utilize the Services exclusively for your personal, non-commercial purposes and no other objectives. By using the Services, you affirm that you are eighteen (18) years of age or older. Except as expressly permitted herein, you agree not to: (i) sell, license (or sub-license), lease, assign, transfer, or pledge any of your rights under these Terms to any third party; (ii) distribute, scrape, copy all or any portion of the Services and/or the Company’s intellectual property rights (as defined below), or use the Services as a service bureau; (iii) reference the Services through framing and/or deep-linking; (iv) utilize the Services in any jurisdiction where such use is illegal or would subject the Company or its affiliates to registration requirements within said jurisdiction or country; (v) engage in, encourage, promote, facilitate, or instruct others to engage in any illegal, harmful, or offensive activities through the Services; (vi) transmit or upload any viruses, spyware, or other harmful, infringing, illegal, disruptive, or destructive content, messages, or files; (vii) access the Services through unauthorized means, services, or tools, including, but not limited to, data mining, robots, or similar automated means or data gathering and extraction tools, for the purpose of re-utilizing any parts of the Services; (viii) distribute, publish, send, or facilitate the sending of any advertisements, spam, inappropriate, inaccurate, misleading, fraudulent, libelous, defamatory, offensive, threatening, abusive, or otherwise illegal content that infringes upon third-party intellectual property rights or their right to privacy; (ix) copy, modify, translate, reverse engineer, decompile, disassemble (except as specifically prohibited by applicable laws), attempt to discover the source code of the Services and/or any other software available on the Services, or create derivative works thereof; (x) attempt to obtain private information from other users in any form or manner; (xi) attempt to interfere with, hack into, or decipher any transmissions to or from the servers for the Service; or (xii) create false personas, multiple identities, or set up an account on behalf of someone other than yourself, or create another account after your account has been disabled by us. You are solely responsible for obtaining, paying for, repairing, and maintaining all equipment, software, hardware, and services required to access and use the Services.

3. SUBMITTED MATERIALS

3.1 SUBMITTED MATERIALS.
You are solely responsible for the Submitted Materials (as defined below) and bear all responsibility and liability for them. The Company is not liable for any aspect of the Submitted Materials and reserves the right, at its sole discretion, to remove or modify any of the Submitted Materials without prior notice or explanation. It should be noted that the Company is not obligated by these Terms to display or use your Submitted Materials in any way or to any extent. Please be aware that any Submitted Materials may be made available to the public and may be further promoted or transferred by the Company, at its sole discretion. Therefore, it is advisable not to include any content or information in your Submitted Materials that you wish to remain private. The Company does not offer backup or archival services, so you are solely responsible for maintaining adequate backups of your Submitted Materials.

3.2 LICENSE TO SUBMITTED MATERIALS. By agreeing to these terms, you give the Company a global, irrevocable, ongoing, royalty-free license to utilize, host, store, exhibit, reproduce, alter, adapt, edit, publish, and distribute your Submitted Materials. This grants the Company the authority to fully utilize your Submitted Materials for providing, maintaining, and enhancing the Services.

3.3 REPRESENTATIONS AND WARRANTIES.
You affirm and guarantee to the Company that your Submitted Materials: (i) adhere to and will continue to adhere to all applicable laws, regulations, and the Terms, and do not and will not violate the rights of any third party, including intellectual property rights and the right to privacy; (ii) do not and will not contain any threatening, offensive, racist, hateful, violent, obscene, libelous, defamatory, or otherwise inappropriate content, or any commercial content; (iii) are and will remain free from any restrictions, third-party rights, payment obligations, and/or royalties (including, but not limited to, any obligations to collecting societies).

The term “Submitted Materials” refers to any material, text, photographs, videos, information, or other data provided and/or uploaded by you to the Services.

4. Your Account

You bear sole responsibility for any activities conducted within the Services using your login credentials. It is imperative that you safeguard your credentials diligently. Should you suspect unauthorized access to your account or any compromise of your credentials by a third party, it is your obligation to promptly inform the Company and update your login information.

We value input from our users and encourage your feedback on the Services. However, please note that if you provide us with ideas, suggestions, inventions, or materials concerning the Services (“Feedback”), the following conditions apply: (i) We will possess all rights, titles, and interests in the Feedback without limitation; (ii) We are not bound by any confidentiality obligations regarding the Feedback; and (iii) We are entitled to use the Feedback without constraints for any purpose, without compensating you or any other individual, and without providing acknowledgment.

5. OWNERSHIP OF PROPRIETARY RIGHTS
All Intellectual Property Rights (defined below) manifested in, or pertaining to the Services or Feedback, including but not limited to any underlying software, platforms, algorithms, technology, application and website design, as well as any information, services, texts, Submitted Materials, files, sound, music, videos, various applications, social graphs, organization, structure, specifications, application “look and feel,” features, and associated content that may arise from the use of or registration to the Services, along with any modifications, enhancements, improvements, and derivatives thereof, and all related Intellectual Property Rights (collectively, the “Company IPR”), are the exclusive property of the Company and/or its affiliates, which reserve all rights, titles, and interests therein.

No transfer or grant of rights is made or implied by any provision of these Terms or any other provision within the Services concerning the Company IPR or otherwise.

“Intellectual Property Rights” refers to worldwide rights, whether registered or not, including (a) rights linked with works of authorship, designs, and photography, such as copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, and goodwill rights, whether registered or not; (c) patents, patent applications, and industrial designs; (d) rights similar to those outlined herein and any other proprietary rights concerning intangible property; (e) divisions, continuations, renewals, reissues, and extensions of the aforementioned (as applicable), presently existing or to be filed, issued, or acquired in the future.

6. USER WARRANTIES AND REPRESENTATIONS
You represent and warrant to Company that: (a) you have, and will have at all times, all permits, consents and rights as required to fulfill your obligations and grant to Company any and all rights, licenses and consents hereunder, including without limitation in respect of the Submitted Material; (b) you and your use of the Services will comply with all applicable laws, rules, regulations, statutes, and ordinances.

7. PRIVACY
Company privacy practices are governed by Company’s privacy policy, the most updated copy of which can be found on the Services (“Privacy Policy“). https://kibeeri.com/privacy-policy

8. DISCLAIMER
By using the Services and/or the Company IPR, you agree to assume any associated risks. The Services, including the Company IPR, are provided “as is” and without any warranties, whether expressed or implied. Company expressly disclaims all warranties to the fullest extent permitted by applicable law, including but not limited to implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose.

Company does not warrant that the Company IPR and/or Services will be uninterrupted or error-free, nor does it warrant that these Services or the server(s) making them available are free of viruses or other harmful components. Company also does not warrant or make any representations regarding the use or the results of the use of the Company IPR or Services, including their correctness, accuracy, reliability, or otherwise. You are responsible for taking all precautions you deem necessary or advisable to protect yourself against any claim, damage, loss, or hazard arising from your use of or reliance on the Services and/or any of the Company IPR.

In addition, concerning each category of products, you acknowledge that Company neither undertakes nor commits to analyze all prices and offerings for each product within specific categories. Furthermore, you agree that Company’s product rankings and selections are subjective and not endorsements or recommendations. These rankings and selections are generated by Company’s algorithm, which considers multiple parameters selected by Company.

Some jurisdictions do not permit the exclusion of certain implied warranties. Consequently, some of the limitations stated above may not apply to you.

9. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Company and its affiliates, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors, and suppliers shall not be liable to you or any other entity, regardless of whether advised of the possibility of such damages, under any legal theory, including but not limited to contract, tort, or otherwise, for any direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to your use of the services, reliance on any of the services and/or Company IPR, or any errors, inaccuracies, omissions, defects, security breaches, or any other failure to perform by Company. This includes, but is not limited to, any lost profits, lost business opportunities, business interruption, loss of revenue, income, goodwill, use, data, or other intangible losses. Notwithstanding the foregoing limitation of liability, if Company is found liable by any competent authority, its aggregate liability shall not exceed a total amount of one hundred USD ($100).

Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in these terms are a fundamental basis of these terms and have been taken into account and reflected in your decision to enter into these terms.

10. INDEMNIFICATION
You agree to protect, indemnify, and keep Company and its representatives, including but not limited to owners, managers, officers, affiliates, employees, agents, licensors, and suppliers, safe from and against any losses, expenses, liabilities, costs, claims, damages (including attorneys’ fees, expert fees, and other litigation costs) arising from, incurred as a result of, or in any way related to: (i) any use of your account and/or your use of the Services; (ii) your infringement of any third party rights, including, but not limited to, any copyright, property, or privacy right, and including any third party claim regarding the Submitted Materials; and (iii) any violation of these Terms.

11. THIRD PARTY CONTENT, PRODUCTS AND SERVICES
The Services feature content, links, and references to third-party services, products, and resources. The Company does not regulate the availability or content of these third-party services, products, and resources. Any concerns regarding such services, products, resources, or associated content should be directed to the relevant third-party provider. Links are provided solely as informational resources, as a service, and for your convenience. The Company holds no responsibility or liability for such links or content. If you choose to leave the Services via a provided link or view content not provided by the Company, you do so at your own risk, and the Company is not accountable for any resulting damages or losses. We advise carefully reading and adhering to the terms of use and privacy policies of linked sites, applications, and content when redirected.

Certain content and materials available through the Services may be supplied by third parties. References to any third-party content (including Submitted Materials and advertisements) or providers of such content, products, processes, services, payment portals, or payment providers (“Third Party Content”) within the Services do not imply endorsement, recommendation, or favoritism by the Company. Third Party Content, including payment portals accessible through the Services, is provided by third parties for third-party products and is offered through the Services solely for convenience.

Opinions, advice, statements, content, services, products, offers, or other information expressed or provided by third parties are solely those of the respective authors or distributors and do not necessarily reflect the views of the Company. The Company does not endorse, promote, solicit, recommend, or sell them or any Third Party Content and shall not be held responsible or liable for any of the aforementioned. Any purchases made in relation to Third Party Content are not made from the Company but from the relevant third-party provider. The Company is not involved in any transaction regarding the sale or delivery of Third Party Content but acts as a conduit for such content, providing a platform for informational purposes and ease of access to third-party marketers and sellers. The Company does not screen Third Party Content and provides no warranties or representations regarding it, nor shall it be liable for any related issues. Clicking on links to various merchants or providers on the Services and making purchases may result in the Company earning a commission. Affiliate programs and affiliations may include, but are not limited to, the eBay Partner Network.

11. NOTICE AND TAKEDOWN

If you suspect that any material within the Services infringes upon your Intellectual Property Rights, privacy rights, or is defamatory or unlawful in any way, kindly submit a thorough complaint to the Company via the contact information provided on the Services. Please specify the content in question and provide a factual explanation for your complaint. We will endeavor to promptly remove the content upon review.

12. TERMINATION
We reserve the right to terminate these Terms and/or suspend your access to any part or all of the Services and/or Company Intellectual Property Rights (IPR) immediately, at our discretion and without prior notice. Upon termination, you must cease all use of the Services, except for the sections specified to survive termination (Sections 1, 2.2, and 3-13).

In addition to any other remedies available to the Company under the law and/or these Terms, we may, at our sole discretion and for any reason, including technical issues or violation of these Terms, limit or revoke your license and access to the Services and/or Company IPR. If your license expires or is terminated, the Company may, without notice, remove or deny you access to any remaining Company IPR, Submitted Materials, or metadata under its control.

13. GENERAL
(i) In the event that any part of these Terms is found to be unenforceable, it will be adjusted to the minimum extent necessary to make it enforceable. If it remains invalid or unenforceable, it will be considered separate from the rest of the Terms and will not affect their validity or enforceability. (ii) You acknowledge and agree that the Company reserves the right to redesign or modify its intellectual property rights (IPR) and other aspects of the Services at any time and for any reason. (iii) These Terms constitute the entire agreement between you and the Company regarding the subject matter discussed herein. (iv) The Company may, at its sole discretion, assign these Terms either in whole or in part. You may not assign or transfer the Terms, or any of your rights or obligations under them, to any third party without the prior written consent of the Company. Unauthorized assignments will be void. (v) Unless expressly provided otherwise, no provisions of these Terms are intended to confer rights, remedies, or benefits upon any person or entity other than you and the Company. Company affiliates, licensors, and service providers are considered third-party beneficiaries of the limitation of liability, disclaimer, and indemnification provisions herein. (vi) Failure by either party to enforce any rights granted hereunder or to take action against the other party in the event of a breach shall not constitute a waiver of subsequent enforcement rights or actions for future breaches. (vii) All waivers must be in writing. Waiving or failing to enforce any provision of these Terms on one occasion does not constitute a waiver of any other provision or of such provision on any other occasion. (viii) Any cause of action related to the Services must be initiated within one (1) year after it accrues, or it is permanently barred. If you need further clarification, please contact us via email using the Company’s contact details provided on the Services.

Last updated: ָMarch 3, 2024