Last Updated: Nov 2015
PLEASE READ THESE TERMS OF USE CAREFULLY. BY VIEWING ANY OF KOSSLE’S WEBSITES AND/OR USING ANY OF KOSSLE’S ONLINE SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DISCONTINUE YOUR ACCESS TO KOSSLE SITE(S) AND ONLINE SERVICES. WE MAY AT ANY TIME REVISE THESE TERMS BY UPDATING THIS VERSION. BY USING KOSSLE’S WEBSITE(S) AND/OR ONLINE SERVICES, YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS. PLEASE THEREFORE VISIT THIS WEB PAGE PERDIODICALLY TO DETERMINE ANY CHANGES TO THESE TERMS.

Welcome to SellK. This is a legal document (“Agreement”) which is the agreement between you (we may also refer you as “your”, “End User” or the “Customer” in this document) and us.

SellK.com is maintained and owned by Kossle Pte Ltd, (hereinafter referred to as “Kossle”, ” SellK”, “we”, “our” and “us”) appreciates the value of information and respects your right to privacy. We may provide services offered by our Partner Merchants (hereinafter referred to as “Third party”, “Partners” or “Merchants”). The Services and Site are collectively referred to here as “Kossle”.

GENERAL
  1. ACCEPTANCE OF TERMS OF USE

Please review the following terms carefully. By using this website or by using any facilities or services made available through it or by transacting through or on it, you agree to the terms of use that appear below (all of which are called the “Agreement”). This Agreement is made between you and us. If you do not accept any of these terms of use, you must cease the use of the Site and our Services therein.

  1. CHANGES TO TERMS OF USE

We may from time to time update, vary, amend or cancel some or all of these Terms of Use and each time you visit our website, use our Services, Coupons, you will be deemed to constitute acceptance and legally bound by our updated or amended Terms of Use.

  1. DESCRIPTION OF KOSSLE SERVICE

Kossle Pte Ltd. operates the Site – www. SellK.com. SellK  aka “Sell OK!” is the LARGEST Online marketplace where Sellers and Buyers come together to Buy & Sell goods and services. Simply Upload photo, List & SellK! No matter City, Campus or area you are,  our mission is to enable your local community to be able to Sell and Buy anything easily! So what are you waiting for? Grab your phone and take a photo of that item beside you to SellK!

SellK has no direct involvement and control over the transaction, payment, shipping, accuracy, availability, description, quality, safety, morality or legality of any aspect of the items & services listed, the ability of sellers to sell items, the ability of buyers to pay for items or whether any transaction will take place or not. SellK does not check or review sellers, buyers, and the information provided by users. Buyer and seller will bear full responsibility of the sale of goods and service.

SellK do not guarantee the real identity, age, gender, nationality of a user. Users are to communicate directly buyer or seller for sale of goods and service. SellK has no direct involvement and control over communication between users.

You agree that SellK is an Online marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on SellK. You use the SellK service at your own risk.

  1. CONDITIONAL USE OF OUR SITE AND SERVICES
Your permission to use SellK is conditioned upon your agreement that you:
  • will comply with these Terms of use;
  • will provide accurate information (i.e. identification & contact information) when creating an account or registering for our Services;
  • are solely responsible for your User ID, passwords and the activity that occurs while signed in to SellK account;
  • will not copy or distribute any part of SellK in any medium without SellKs’ prior written authorization;
  • will not use SellK to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
  • will not use the communication systems provided by or contacts made on SellK for any commercial solicitation purposes;
  • allow SellK permission to send administrative, site updates and promotional e-mails to you.
  • grant SellK a royalty-free, perpetual, worldwide, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees on any communications, postings on or through SellK.
  • By listing an item on the Sites you warrant that you and all aspects of the item comply with SellK’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your SellK profile and listings.
  • All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
  1. DISCLAIMERS

To the fullest extent permitted by law, SellK, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, exclude all conditions and warranties implied by custom, law or statute.

Geographic Disclaimer

The Site is administered by the Company from Singapore. Access to the Site and the Content as well as the terms of our Privacy Policy may not be legal for some persons or in some countries outside Singapore. Additionally, if you elect to access and use the Site and Content from outside of Singapore, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.

Disclaimer of warranties:
  • The content and the services are provided “as is”, without any warranties of any kind, expressed or implied, including, without limitation, all implied warranties of Merchants ability, fitness for a particular purpose, title, and non-infringement, with regard to the content, the promotional offers, and any underlying products and/or services and all other information contained on and/or made available through this site.
  • SellK, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;
  • SellK, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, do not guarantee the timeliness, validity, completeness or accuracy of the content. Although we may update the content on this site from time to time, please note that information contained herein may be out of date and/or may contain inaccuracies or typographical errors because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
  • SellK, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, do not warrant or make any representation that the information on the Website is appropriate to your particular situation or health care issues or the information is written, created, compiled or reviewed by medical experts.
  • To the extent permitted by law, including but not limited to any act or omission on the part of SellK, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you:
  • which result from any use or access of, or any inability to use or access, the Website
  • You expressly acknowledge that SellK, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, do not exert control over users of the Internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.
  • SellK, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, will under no circumstances be liable for damages, including, without limitation, direct, indirect, incidental, punitive, or consequential damages arising out of the use or inability to use the Site, however caused and under any theory of liability.
  1. WAIVER, RELEASE, LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY

You agree that SellK, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, shall have no liability to you under any theory of liability or indemnity in connection with your use of the site. You hereby release and forever waive any and all claims you may have against the protected parties (including but not limited to claims based upon the negligence of any of the protected parties) for losses or damages you sustain in connection with your use of the site.

Notwithstanding the foregoing paragraph, the total liability of SellK or third party, if any, for losses or damages shall not exceed the marketing fees collected by SellK from the Merchant for that specific advertising fee. In no event shall SellK, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents be liable to you for any indirect, special, incidental, consequential or punitive arising from any use of this site or the content even if they have been advised of the possibility of such damages.

SellK, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents will not be liable or have any responsibility of any kind for any losses, damage or destruction of data, including, without limitation, breach of contract by employee, dissatisfaction of a employee’s performance and/or services or losses you incur in the event of any failure or interruption of this site or our equipment, or resulting from the act or omission of any other party involved in making this site and/or SellK services available to you or collecting the data contained therein, or from any other cause relating to your access to or your inability to access the site.

  1. OWNERSHIP, COPYRIGHT AND TRADEMARKS
  • The content on the Website, including the Microsites, the software, design, text, logos, software code and graphics comprised in the Website and the selection and layout of the Website are the exclusive property of SellK or by other parties that have licensed their material to SellK. The Content is protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners and are protected by Singapore and International copyright laws. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this site or any of the microsites without the express written permission of SellK is strictly prohibited.
  • You may view this Website and its contents using your web browser. In visiting the Website, you are able to download, print, and/or save copyrighted material for End User’s personal use only.
  • The Website does not grant you a licence or act as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the site without the express written permission of the trademark owner. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
  • You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by SellK or expressly authorised in writing by SellK.
  • The end user warrants that for any information or communication submitted to any public area of this Site or any Microsite, the owner of such material has expressly granted SellK royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, edit, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User’s personal use.
  1. INTELLECTUAL PROPERTY RIGHTS
  • All intellectual property rights (including all text, logos, software code, source code, videos, music, sound, copyright, graphics, patents, trademarks, service marks, trade names, designs) in the Website and Service shall remain our property (or that of our licensors); No rights, title or interest in any Content is transferred to you. SellK reserves all rights and intellectual property in all content.
  • We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, or aware of any infringing material on the site, or know of someone who is making unauthorized use of the content of the Site, please notify SellK of your concerns via customerservice@kossle.com.
  • You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by SellK or expressly authorised in writing by SellK.
  1. INDEMNIFICATION

You agree to indemnify SellK, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents against all losses, actions, claims, suits, liabilities, damages, costs, debt, and expenses (including attorney’s fees) arising from;

  • Your use of and access to SellK;
  • Your use of the Website or Service through your SellK Account
  • Your violation of any term of these Terms of Service;
  • Your violation of any third party right, including without limitation any copyright, property, or privacy right or any claim that any Content submitted by you causes damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of SellK.

  1. TERMINATION AND SUSPENSION

SellK reserves the right to change, discontinue, suspend and terminate the End user Account, Service or Website for any reason and any time without prior notice. This Agreement will automatically terminate in the event that you violate any of the terms of use set forth below. In the event of any termination, you will immediately cease access to the Site and Services while all restrictions imposed on you by the Terms of Use and/or disclaimers and limitation of liability set out in the Terms of Use will survive.

  1. SEVERANCE

If any of these Terms of use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms of use shall survive and remain in full force and effect and continue to be binding and enforceable.

  1. PRICES, GOODS AND SERVICES

All prices displayed for the advertising, goods and services on the Website are subject to change without notice.

  1. MONITORING

SellK shall have the right, but no obligation to monitor the content of the Site and any Microsites (whether generated by End User or by Third party) at all times; this includes any communication on chat rooms and forums that may hereinafter be included as part of the Site.

We may in our sole discretion, but without the obligation, choose to monitor such communications as part of an investigation of reported abuses or otherwise where we may deem appropriate. We reserve the right to block transmission of, and or remove any comments or information that you submit, at any time, for any reason, and without prior notice to you.

  1. PRIVACY

You agree that all comments, information or communication submitted to any public area of this Site, any Microsite, including chat rooms, forums and discussions are public and non-confidential; therefore such information is not subject to any confidentiality obligation. SellK does not control or endorse the content, messages or information found in the public area of the Site, and, therefore,  SellK specifically disclaims any liability concerning the Communities and any actions resulting from End Users’ participation in any Community, including any objectionable content.

Other information, such as credit card information provided in connection with the purchase of an advertising service, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase other than your credit card information, may be disclosed by us to SellK’s Merchants for their commercial purposes.

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy.

  1. APPLICABLE LAW AND JURISDICTION

The law applicable to these terms of use the of Web Site is the law of the Republic of Singapore and the courts of the Republic of Singapore will have exclusive jurisdiction in case of any dispute.

 

TERMS OF SERVICE (Advertising on SellK)
  1. ORDERS
  • SellK provides customers with goods/services listings, advertising services at extraordinary prices. By placing an order for the advertising service through SellK, you make an offer to procure our advertising service including the terms, restrictions and conditions associated with the advertising.
  • You are encouraged to read through all information, including all fine terms set out in the webpage before purchasing. Should you have any queries, please email to SellK at customerservice@kossle.com before making your purchase to clarify.
  • SellK may accept or reject your offer to promote a advertising service.
  • Any orders to purchase a advertising service cannot be cancelled.
  • You must be of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site or purchase any advertising service. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian above age 18 who agrees to this Agreement. No one at an underage of 13 years old may use the Site.
  1. RETURNS AND REFUNDS

There will be no refunds for any purchased advertising service.

  1. MERCHANTS TERMS

All advertising information are subject to the Merchants’ own write-ups and information provided. You agree that it is your responsibility to make your own enquiries about any Merchants specific advertising.

  1. PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
Your Content and your use of SellK shall not:
  • Be false, inaccurate or misleading;
  • Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
  • Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  • Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including SellK’s staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
  • Be obscene or contain child pornography;
  • Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Host images not part of a listing;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
  • Modify, adapt or hack SellK or modify another website so as to falsely imply that it is associated with SellK;
  • Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
  • Appear to create liability for SellK or cause SellK to lose (in whole or in part) the services of SellK ‘s ISPs or other suppliers;
  • Use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
  • Use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Depatment of Treasury’s Office of Foreign Assets Control, the United National Security Countil, the European Union or Her Majesty’s Treasury;
  • Use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
  • Use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
  • Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on SellK.

Users may not list any item on SellK (or consummate any transaction that was initiated using SellK’s service) that could cause SellK to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Service.

  1. APPLICABLE LAW AND JURISDICTION

The law applicable to these terms of use of the Web Site is the law of the Republic of Singapore and the courts of the Republic of Singapore will have exclusive jurisdiction in case of any dispute.

  1. CONTACTING US

If you have concerns, questions or suggestions regarding our terms of use, please email us at customerservice@kossle.com.