Terms of Service

These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by Kachiing (as defined below).

1. General

These Terms apply to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information, and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.

These Terms are between you and Kachiing or between you and any different service provider identified for a particular Service. For ease of reference, each of Kachiing Pte. Ltd. and its subsidiaries are referred to in these Terms as “Kachiing”.

By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.

Kachiing reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.

If you have any questions, please refer to our Help Centre.

2. Use of the Services

Subject to your compliance with these Terms, Kachiing grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

You shall use the Services in accordance with these Terms and shall not:

• Upload or communicate any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
• Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
• Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
• Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
• Use the Services in violation of or to circumvent any sanctions or embargo.
• Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Kachiing or its affiliates, partners, suppliers or licensors.
• Use the Services for any purpose for which it is not designed or intended.
• Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Kachiing.
• Use any proprietary information or interfaces of Kachiing or any other intellectual property of Kachiing in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
• Use the Services to send, post, or otherwise communicate any Content which is false, offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, infringing, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
• Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
• Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
• Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
• Collect any information in respect of other users without their consent.
• Commit any act to avoid paying any applicable fees and/or charges.
• Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
• Use the Services to upload, post, or otherwise communicate any Content which falsely represents that your listing(s) falls under a program offered by Kachiing when it is not. This includes but is not limited to misrepresenting that a listing is a Certified listing under Kachiing’s Certified Program.
• Authorize or encourage anyone to do any of the foregoing.

Kachiing reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.

3. Account

You would need to have an account with Kachiing (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:

• If you are an individual, you are at least 18 years of age.
• If you are representing a company, organization or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
• You are capable of entering into and performing legally binding contracts under applicable law.
• All information which you provide is accurate, up to date, truthful and complete.

If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.

You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:

• Keep your password secure.
• Keep your account information up to date at all times.

Comply with Kachiing’s prevailing policies and guidelines (which form a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services.

Unless expressly permitted by Kachiing and subject to these Terms and any other additional terms as Kachiing determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user’s Account without their permission. To this end, Kachiing reserves the right to suspend or terminate your Accounts and/or your access to the Services at any time, without advance notice to you.

Kachiing reserves the right to treat multiple Accounts set up by or on behalf of the same user, whether after obtaining Kachiing’s authorization or not, as one. This includes the right to treat the funds held in multiple Accounts as one, including to debit any such Account to satisfy debts, payments and refunds under any other Account held by you or on your behalf. For instance, where you have engaged in a Prohibited Transaction using one of your multiple accounts,Kachiing may use the funds in that account and/or any of your other accounts to reimburse a buyer up to the amount equivalent to monies the buyer paid in connection with that Prohibited Transaction.

3.1 Kachiing Subscriptions

In addition, you may also claim, redeem and/or purchase subscriptions such as Kachiing Subscriptions for access and use of additional features and Services via a subscription service on or via any of the Platforms (as defined below) or any of the methods as may be made available on the Platforms or as may be notified to you from time to time.

Any such purchases shall be in accordance with Kachiing’s prevailing subscription rules and fees which are as set out below or referenced herein by hyperlink, and forms a part of these Terms.

4. Fees and Payments

Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees, listing fees, quota fees, and/or fees and charges otherwise in relation to your Account or listing (collectively, the “Kachiing Fees”).

You may pay your Kachiing Fees using a credit card, debit card. You may also pay your Kachiing Fees through any of the methods as may be made available on the Platforms or as may be notified to you from time to time.

You acknowledge and agree that:

• in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, your Kachiing Subscription will automatically be suspended and/or terminated if payments are not received within ten (10) days from due date;
• If your credit card has expired, or if you wish to use a different credit card, please notify us promptly by sending an email to Marketing@fusionapp.store at least 14 days before your next subscription fee payment is due. Please indicate “Expiry/Change of CC details” at the subject header;
• save as set out in this Clause, all subscription fees, listing fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any Kachiing Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms;
• You shall make prompt payment of all Kachiing Fees, in full before the due date stipulated by Kachiing for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to Kachiing, without prejudice to any other rights or remedies available to us, Kachiing shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue Kachiing Fees and any legal fees and collection costs incurred by Kachiing in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid;
• in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. Kachiing reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and
• you are responsible for collecting and paying any taxes associated with using and making sales through the Services. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees.

4.1 Listing Fees & Quota

You may be limited to a maximum number of active listings you may publish on your profile at a time (“Listing Quota”). Any additional listing insertion is subject to a fee in accordance with Kachiing’s prevailing fees’ rules and charges. Please also take the time to read the additional terms and conditions, as set out in Clause 18 below. You acknowledge and agree that:

• Kachiing does not represent or warrant that any Kachiing Fees paid or payable will lead to a like, offer, chat, quality lead and by extension, sale;
• The consumption rate and expiry date set out in your Account shall serve as conclusive evidence of the consumption and expiry date of your Custom Quota (as the case may be). All Custom Quota shall be deemed expired and will be cancelled immediately and without further notice upon the expiry of the CQ Validity Period. Kachiing reserves the right to deal with any unused or expired Custom Quota in such manner as it deems fit in its absolute discretion and may at its discretion from time to time vary the CQ Validity Period and/or RQ Validity Period. You hereby agree that you will have no claim whatsoever against Kachiing for any used or expired quotas such as Custom Quota and. For the avoidance of doubt, any such unused or expired quotas are non-extendable, non-refundable and the RQ Validity Period cannot be frozen or paused;
• Kachiing reserves the right to correct the balance of your quotas if we believe that an error, including clerical error, has occurred. Kachiing may also, in its discretion, allocate Listing Quotas to you at no cost to you (“Free Quotas”), subject to any additional terms and conditions. Kachiing reserves the right to withdraw, amend and/or alter any part of or the whole terms and conditions of such Free Quotas, at any time without giving prior notice or compensation in cash or in kind;
• All fees and/or charges paid by you to us for any listing fee, listing quota and listing insertions such as Custom Quota are non-refundable; and
• There will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.

5. Kachiing is a Venue

The Services provide a venue for users to interact with each other, and to buy and sell items. Kachiing does not pre-screen a user or the Content provided by a user, nor is Kachiing directly involved in transactions between users save for transactions under Kachiing Certified where Kachiing is the seller and transactions under Sell to Kachiing. Consequently, Kachiing has no control over, and you agree that Kachiing is not responsible or liable for, any of the following:

• The quality, safety, morality, legality or authenticity of any aspect of the items advertised and/or listed, and for items listed by a Kachiing Partner, the authenticity of such items.
• The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
• The true identity, age, nationality, or sense of humor of a user.
• Any Content posted by users.

You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While Kachiing endeavors to keep the Services safe for everyone, your use of the Services and your interactions with other users are entirely at your own risk.

6. Content

The Services allow users to create listings and/or share, post and/or communicate content, such as photos, videos, comments, data, text, links, product description, product specification and/or other information (“Content”).

You retain ownership rights in the Content which you upload or share on the Services but you grant Kachiing a worldwide, fully-paid, royalty-free, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute such Content (subject to Kachiing’s Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.

You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as a result of such Content is solely your responsibility.

Kachiing shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, Kachiing shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:

• If the Content is suspected to be / is in breach of these Terms.
• If Kachiing has received a complaint or notice of infringement in respect of the Content.
• If the Content is otherwise objectionable.

Kachiing may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.

7. Selling and Buying on Kachiing

In using the Services to create a listing and offer an item for sale, post a job opening and/or offer a service (as the case may be), you agree to comply with the following:

• All items must comply with these Terms and Kachiing’s policies,
• You must provide a fair, accurate and complete description of each item, including your price for the item.
• Each item, job opening and/or offer of services must have its own listing.
• Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
• All items, job openings and/or offers of services must be listed in the appropriate category. All job listings must comply with all applicable laws, regulations, guidelines or policies and any notices, guidelines and/or policies issued by the Ministry of Manpower of Singapore including the Tripartite Guidelines on Fair Employment Practices and the Tripartite Guidelines on Non-Discriminatory Job Advertisements (as may be amended or updated).
• Where a specific attribute (“Specific Attribute”) in your job listing has to be included and where the Special Attribute may be viewed as discriminatory, you shall ensure that the Specific Attribute is a reasonable requirement for the job listed. You must provide the reason for requiring the Specific Attribute in your job listing.
• Any links included in your listing lead to your personal or corporate website and must not include any links to third-party websites.
• All property listings must comply with all applicable laws, regulations, guidelines or policies and any notices, guidelines and/or policies issued by the Council for Estate Agencies (“CEA”) such as the Practice Guidelines on Ethical Advertising and the Code of Ethics & Professional Client Care. Please be reminded that every licensed estate agent and registered salesperson (collectively, the “Salespersons”) must act in accordance with the provisions of the Estate Agents Act 2010, the Estate Agents (Estate Agency Work) Regulations 2010, and the guidelines issued by the CEA. It is an offense for any individual to carry out estate agency work without a valid registration.

7.1 Renting on Kachiing

• By accessing or using our rental services, you agree to be bound by Kachiing Rental System Terms and Conditions (“Terms”). If you do not agree to these Terms (link below), please do not use our services.

7.2 Property Listings

• No property listings from agents should be listed in the community section of the platform. All property agents should be listed under the business section with their appropriate agency and licensing.
• All property listings must comply with all applicable laws, regulations, guidelines or policies and any notices, guidelines and/or policies issued by Council for Estate Agencies (“CEA”) such as the Practice Guidelines on Ethical Advertising and the Code of Ethics & Professional Client Care. Please be reminded that every licensed estate agent and registered salesperson (collectively, the “Salespersons”) must act in accordance with the provisions of the Estate Agents Act 2010, the Estate Agents (Estate Agency Work) Regulations 2010 and the guidelines issued by the CEA. It is an offense for any individual to carry out estate agency work without a valid registration.

7.3 Insurance Agents and Listings

• No insurance packages/agents should be listed in the community section of the platform. All insurance agents should be listed under the business section with their appropriate agency and licensing.

You acknowledge and agree that Kachiing has no control over any website other than the Kachiing website and shall not be responsible or held liable for any expired job listing which appears on any website other than the Kachiing website or any expired job listing which is retrieved by any search engine.

Without prejudice to the rest of these Terms and Kachiing’s policies, you warrant, in respect of each job opportunity, service, and/or item which you offer for sale on the Services (as the case may be), that:

• You are the owner of the item, and the item is not stolen.
• The item is not counterfeit and does not infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
• The sale of the item complies with all laws and regulations which apply to that item.
• The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
• All selection criteria stated in a job listing are clear, objective and relevant and do not refer to age, race, language, gender, marital status and religion, except where it is a Specific Attribute.
• The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.

All offers made and accepted through the Services are binding.

If you are a seller who has accepted a buyer’s offer for an item:

• You agree to ship the item or otherwise complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer’s identity.
• You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees.
• You may not alter the item’s price after a sale, or misrepresent the item’s location and price.

If you are a buyer whose offer for an item has been accepted by a seller, you agree to make a prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you cannot authenticate the seller’s identity.

In communicating with a user through the Services for the offering of or acceptance of a job listing and/or services or purchase or sale of an item (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number, and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.

Notwithstanding the foregoing, where Kachiing is not involved in a Transaction which is solely between users, Kachiing cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.

8. Payment Service

Kachiing allows a buyer to make payment for the purchase of an item listed on the Platform using:

• a credit or debit card the buyer registers with Kachiing;
• a Paynow account that the buyer successfully connects through the Platform;
• buy now pay later (BNPL) options provided by Payment Service Providers; and/or
• a PayNow account that the buyer successfully connects through the Platform.

8.1. Account Balance

All the payments that a seller has earned from selling items through Buyer Protection and/or Kachiing Certified will be accepted through the seller’s Account and reflected as a balance (“Balance”), after certain conditions have been met. Such conditions include the establishment and verification of information in respect of the following by Kachiing and/or its Payment Service Providers (as defined below), using reliable and independent sources, and retention of reference documents used in such verification:

• where you are representing an Entity, the identities of all directors, partners, and persons having executive authority as if such persons were themselves a user;
• your identity (as well as the identity and authority of any agent and/or natural person appointed by you to act on your behalf in relation to your Account); and
• the existence of any beneficial owner in relation to your Account and, if so, the identity of each such beneficial owner.

as may be required pursuant to the requirements of the relevant economic sanctions, anti-money laundering and counter-terrorism financing laws and any other applicable laws and regulations.

You may withdraw the available balance to your linked bank account and/or debit card (“Default Withdrawal Method”) by submitting a withdrawal balance request (each, a “Withdrawal Balance Request”). Kachiing may also automatically transfer (each, an “Automatic Withdrawal”) the available balance to your Default Withdrawal Method in the event your available balance exceeds S$1000 and/or on a regular basis, as determined by Kachiing. Such Automatic Withdrawal will occur only on business days and funds may take up to four (4) business days to be credited to your Default Withdrawal Method. In the event of an Automatic Withdrawal, the entire available balance will be transferred to your Default Withdrawal Method.

No fees will be imposed for each Withdrawal Balance Request and/or Automatic Withdrawal. Notwithstanding anything to the contrary herein, Kachiing reserves the right to amend and/or impose any rates and/or fees for any Withdrawal Balance Request, with at least ten (10) days prior notice to you. We will notify you of the changes by posting a notice on our Services or by email. Your continued use of our Services after such notice constitutes your acceptance of the updated rates and/or fees.

You hereby authorise Kachiing to initiate debit or credit entries to your Balance:

• to correct any errors in the processing of any transaction;
• where Kachiing has determined that you have engaged in fraudulent or suspicious activity and/or transactions, including any prohibited content defined in Clause 16, to provide refunds to buyers;
• in connection with any lost, damaged or incorrect items;
• in connection with any rewards or rebates;
• in connection with any unpaid fees;
• in connection with the settlement of any transaction dispute, including any compensation due to, or from, you;
• in connection with any return shipping fees due and payable by you;
• in connection with any banned items or items that are detained by customs; and
• in connection with any change of mind agreed to by both buyer and seller.

8.2. Payment Services Provider

In order to provide the Payment Services, you acknowledge that Kachiing may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Payment Service Providers”) into the Platform and that Payment Service Providers provide its payment processing services subject to their respective Additional Terms. In order to use the Payment Services, you agree to comply with such Additional Terms, as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms.

Information required for Payment Services: In order to use the Payment Services, you must provide Kachiing and/or its related corporations with accurate and complete information required for the Payment Services including account information for at least one valid debit or credit card or a valid Paynow through the Platform. Kachiing and/or its related corporations use such information as described in the Privacy Policy, and you acknowledge and agree that we may use certain third-party service providers including Stripe to process payments and to manage the account information you have provided to us. You may add, delete, and edit the payment method account information you have provided from time to time directly through the Platform.

By providing the account information for a credit or debit card or Paynow, you represent and warrant that: (i) you are legally authorized to provide such information to us; (ii) you are legally authorized to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the Platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).

By using a particular payment method, you are agreeing to the terms of service of the relevant processing partner and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method.

You agree to authorize Kachiing and/or its related corporations to process the Payment Services on your behalf including but not limited to making, accepting and/or refunding any payments, in accordance with this Clause.

9. Shipping Service

When a buyer places an order for the item, the buyer shall choose an available delivery option specified by the seller and shall be responsible for paying the stipulated delivery fees for such delivery option. The seller is responsible for ensuring all the information (including delivery fees) specified by the seller using the Shipping Service is correct. The buyer is responsible for ensuring all the information (including address and mobile number) specified by the buyer using the Shipping Service is correct. The seller shall charge only the delivery fees applicable to the delivery method chosen by the buyer in accordance with this section, as stipulated at the time when the buyer places an order.

Sellers are solely responsible for delivering sold items to buyers via the delivery option chosen by the buyer. You acknowledge and agree that Kachiing has no control over any delivery of the items sold through the Platform, including but not limited to the delivery fees and method specified by sellers.

Buyers are encouraged to choose a tracked and/or registered delivery option as they bear the risk of any lost deliveries in the event of an untracked delivery. In the event of any tracked delivery that does not arrive, a seller may be required to provide valid proof of delivery that allows Kachiing to verify that the item was dispatched to the address provided by the buyer for the specific order. In any event, Kachiing is not responsible for any delays, delivery failures, damages, or losses resulting from the Shipping Services.

9.1. Shipping Services Provider

In order to provide the Shipping Services, you acknowledge that Kachiing may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Shipping Service Providers”) into the Platform and that Shipping Service Providers provide its shipping and delivery services subject to their respective Additional Terms. In order to use the Shipping Services, you agree to comply with such Additional Terms, as the same may be modified by the Shipping Service Providers from time to time, and other applicable Additional Terms.

Information required for Shipping Services: In order to use the Shipping Services, you must provide Kachiing, its related corporations and/or its Shipping Service Providers with accurate and complete information required for the Shipping Services including delivery information such as address and mobile number of the recipient. You may add, delete, and edit the delivery information you have provided from time to time directly through the Platform, provided that no amendments may be made with regards to the order in process, once an order has been confirmed.

By providing the delivery information for a shipment, you represent and warrant that you are legally authorized to provide such information to us. By using a particular delivery method, you are agreeing to the terms of service of the relevant Shipping Service Provider.

Unless otherwise agreed upon between the buyer and the seller, the buyer will bear all fees (“Shipping Service Provider Fees”) that may be charged by such Shipping Service Provider for the selected delivery method. The seller agrees that the Shipping Provider Fees (if any) applicable to each order (as stipulated during the order detail form) shall be deducted from the payment that is due to the seller from the buyer of the same transaction. The Shipping Service Provider and/or Kachiing reserves the right to adjust, amend and charge for additional Shipping Service Provider Fees (each, an “Additional Shipping Fee”) in the event of: (a) any late, incomplete or incorrect information required for the Shipping Services; (b) any breaches of the Additional Terms (as defined below); (c) any breaches of these Terms, in particular, Clause 16; or (d) a variance or discrepancy in the weight indicated and the actual weight of the shipment.

You agree to authorize Kachiing and/or its related corporations to:

• process the Shipping Services on your behalf including but not limited to making, accepting and/or refunding any payments;
• freeze and hold the monies in your Balance and withdraw a sum from your Balance up to an amount equivalent to the Additional Shipping Fee so as to reimburse a buyer in connection with a Prohibited Transaction without advance notice to you;
• compel you to pay the Additional Shipping Fee in full to the Shipping Service Provider and/or Kachiing (or its related corporations).

10. Transaction Fees

You acknowledge and agree that you may be charged card fees, platform fees, success fees, BNPL usage fees and/or any other applicable transaction fees (collectively, the “Transaction Fees”) by Kachiing, as follows:

Referrer (Success Fee): If you are a referrer of a transaction using Kachiing, once you referrer the order and send the link, the Transaction Fees (if any) applicable to such order (as stipulated during your order) shall be deducted from the payment that is due to you from the buyer of the same transaction..

11. Additional Terms

If you use any of the Payment and Shipping Services and/or purchase from Kachiing, you acknowledge that such services shall be subject to or governed by additional terms and conditions of third party service providers, partners, subcontractors and/or agents (“Additional Terms”). You agree to comply with such Additional Terms including the terms and conditions set out in the Stripe Connected Account Agreement (available at:stripe), the Paynow Application terms and conditions (available at: Bank Ssb Paynow Register Profile), which may be modified or updated from time to time, and any other terms and conditions that may be referred to or incorporated within such Additional Terms.

12. Prohibited Items

Without prejudice to the generality of Clause 9, you acknowledge and agree that you shall not use the Kachiing Platform, Payment Services and/or the Shipping Services in connection with unlawful or illegal activities such as counterfeiting, money laundering and terrorism financing and any content, business or activities set out. You understand and agree that all Prohibited Transactions shall be deemed void, and that Kachiing and/or its related corporations have the right to take all steps at its sole discretion that Kachiing deem as reasonable and/or necessary to ensure that you do not use the Kachiing Platform, Payment Services and/or Shipping Services in connection with the Prohibited Transactions, including but not limited to the following:

(a) remove and/or compel you to remove illegal, infringing, unlawful or otherwise any prohibited content without advanced notice to you;

(b) access, preserve and/or disclose your account information and content in connection with the Prohibited Transaction to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Kachiing;

© freeze and hold the monies in your Balance if you are suspected of engaging in or found to have engaged in a Prohibited Transaction, until Kachiing deems the matter to be resolved;

(d) withdraw a sum from your Balance up to an amount equivalent to a Buyer’s Purchase Monies so as to reimburse a buyer in connection with a Prohibited Transaction without advance notice to you; (e) compel you to refund the Buyer’s Purchase Monies made in connection with a Prohibited Transaction in full to the buyer and/or Kachiing (or its related corporations).

You further agree that you are responsible for all purchases and/or sales using Buyer Protection and/or Kachiing Certified under your Account, including transactions which you did not authorize.

13. Disputed Transactions

If you and the user are unable to agree or resolve such dispute in accordance with the relevant procedures set out in the Kachiing Resolution Procedures, you agree that such dispute shall be finally resolved by Kachiing, which shall be binding and final, subject to any applicable laws and regulations. You agree to comply with Kachiing’s decisions and instructions in connection with such a dispute. You further agree to release Kachiing and/or its related corporations from any demands, claims, actions, proceedings, suits, liabilities, damages, costs and expenses in connection with or arising out of any of your disputes with users of our Services in connection with the Disputed Transaction.

You acknowledge and agree that Kachiing and/or its related corporations may, at its sole discretion: (i) freeze and hold the money paid in connection with the Disputed Transaction (“Disputed Money”) unless the dispute is resolved; (ii) return or provide any portion of the Disputed Money to the buyer and/or seller; (iii) require the buyer to return the item bought through the Disputed Transaction (“Disputed Item”) to the seller; (iv) require the seller to refund the Disputed Money to Kachiing (or its related corporations) or the buyer; and/or (v) require the seller to exchange the Disputed Item with a replacement for the buyer. You agree to comply with all Kachiing’s instructions in accordance with this Clause.

In the event of a Disputed Transaction which involves an investigation by the police or other government or regulatory authority, subject to (i) any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction, and/or (ii) any claims made by any third party relating to the Disputed Money, Kachiing may, at its sole discretion: (a) freeze and hold the relevant Disputed Money for a minimum of one year (unless the dispute is resolved); and (b) thereafter, return or provide any portion of the Disputed Money to the buyer and/or seller at Kachiing’s reasonable discretion.

14. Disputes with users

Without prejudice, if you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to Kachiing, Kachiing will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You agree to release Kachiing and to indemnify and hold Kachiing harmless from and against any claims, demands, liabilities and/or damage arising out of or in connection with your disputes with users of our Services.

15. Privacy

21.1 Your privacy is very important to us at Kachiing and we have provided the Kachiing Privacy Policy, which can be found here, to explain our privacy practices. Please review the Privacy Policy to understand how Kachiing collects, uses and discloses information collected and received from you.

21.2 If you come in possession of another user’s (the “Disclosing Party”) personal data through the use of the Services, you hereby agree that you will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the Disclosing Party whose personal data you collected to remove his or her data so collected from your database; and (iii) allow the Disclosing Party to review what information has been collected by you, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

16. Intellectual Property

You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Kachiing. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Kachiing. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Kachiing.

The Services may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.

You are not authorized by Kachiing to use Kachiing’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Kachiing, which may be withheld for any or no reason.

17. Reporting Unauthorized Content

Kachiing respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorized use of your intellectual property rights by a user, please follow the steps provided here to report the same to us.

Kachiing reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement and/or incompliance with other applicable rules, laws and/or regulations.

18. Suspension and Termination

You may deactivate your Account at any time through the “Settings” section of your Account.

Kachiing reserves the right to, at its sole discretion, and without liability:

• Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
• Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
• Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
• Suspend or terminate your Account and/or your access to the Services at any time, in the event of any act, threats of, verbal and/or written abuse against any Kachiing user, Kachiing employees, representatives and/or officer.

You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.

Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

19. No Warranty

You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

Kachiing does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Kachiing’s servers are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Kachiing is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

No advice or information, whether oral or written, obtained by you from Kachiing or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Kachiing has no obligation to support or maintain the Services.

Kachiing disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. Kachiing is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.

In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your discretion and risk. Kachiing does not accept any responsibility in connection with your participation in activities conducted by any other party.

20. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

IN NO EVENT SHALL KACHIING OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT KACHIING WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KACHIING’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY KACHIING IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF SINGAPORE DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Nothing in these Terms shall apply to or in any way limit or exclude Kachiing’s liability for: (a) death or personal injury caused by its negligence; (b) dishonesty, deceit or fraudulent misrepresentation; or (c) liability which may not otherwise be limited or excluded under any applicable laws and regulations.

21. Indemnity

You will indemnify and hold harmless Kachiing, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content and/or products; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any legal or statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.

If any person (“Complainant”) files a complaint with Kachiing in relation to any products and/or the Content listed, made available, displayed, offered for sale and/or sold on Kachiing Platform and requests Kachiing to take action against a user of our Services, the Complainant agrees to hold Kachiing harmless and to fully indemnify Kachiing against any and all liabilities, losses, costs (including but not limited to legal costs), expenses and damages of any nature whatsoever incurred or suffered by any of them as a result of or however arising from any actions that Kachiing may take in reliance of or as result of such complaint filed by the Complainant. The Complainant further agrees not to take any legal action or make any claim, complaints or demand against Kachiing in relation to such complaint.

22. Compatibility

Kachiing does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Kachiing and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

23. Sub-contracting by Kachiing

Kachiing reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as Kachiing deems appropriate.

24. Miscellaneous

You and Kachiing are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.

Except as provided herein, any failure by Kachiing to exercise a right or require performance of an obligation in these Terms shall not affect Kachiing’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

These Terms constitute the entire agreement between you and Kachiing and supersedes all prior or contemporaneous understandings and/or agreements between you and Kachiing.

25. Governing Law and Jurisdiction

You hereby agree that the laws of Singapore shall govern these Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.