General conditions and Privacy Policy

Oby — 2009-10-04T18:06:04Z

The information collected is in line with Belgian Privacy law. They are the property of Editem-o3 sa, Kidonaki's editor. They will not be either sold or exchanged. You can have free access to your personal information, and edit, modify or delete them at any time.

Odile Bury - Editem o3 sa - rue Gratès 17 - 1170 Bruxelles

General conditions of use for buyers and sellers

Introduction:

The present General Conditions of use are concluded with the company Editem o3 sa , rue Gratès 17, 1170 Bruxelles, KIDONAKI's website editor. Before you become a member of KIDONAKI, you must read and accept the terms and conditions contained in the General Conditions of use, including the Privacy Policy, as well as the terms and conditions related thereto. Kidonaki reserves the right to revise or update the General Conditions at any time, without prior notification. Your access to the website constitutes your agreement to be bound by the General Conditions. We encourage you to refer regularly to these General conditions to keep you updated. The term « Kidonator » means the user who can be buyer, bidder or seller. The General Conditions have been updated for the last time on August 20, 2009.

1. KIDONAKI's role

KIDONAKI is a new concept. It initiates a new way « to donate ». In parallel to classical auction websites, KIDONAKI will organize commercial transactions between a seller and a buyer, while adding a third operator: the beneficiary (association, NGO, cause …) This means that the seller will give the proceeds of its sale to the benefit of a specific cause. The buyer receives the item that he will pay to the association. The seller donates the item without spending cash and the beneficiary association receives the money. The goal of the website is indeed to support the associations in their fund raising activity. In your capacity as seller, you forfeit the proceeds of the sale for the benefit of the association of your choice. In your capacity as buyer or bidder, you commit to pay the item at the agreed price on the account of the association as communicated by Kidonaki. KIDONAKI is only the intermediate interface between the sellers, the buyers and the associations.

2. KIDONAKI website conditions of use:

To use the site as a seller or a buyer, you must:

Be of age ;
Have the legal capacity ;
if you are a company, an association, you are ready to declare the liability of the corporation that you represent;
Pay the items that you buy ;
Deliver the sold items ;
Do not violate our policies, the Belgian laws and the rights of the third party;
Do not publish false or misleading descriptions of the items ;
Do not transfer your pseudo or password to anyone without our agreement

3. Commissions and services

There is no commission or charge listed. To subscribe, to bid and to sell items on the site is totally free.

4. Content

You must be holders of copyrights for the pictures, texts, graphic compositions, videos or any other media that you place on the site. KIDONAKI cannot be made responsible for plagiarism.

You must have freedom of the full intellectual property rights (including copyright and related rights) attached to the content that you post on Kidonaki. You declare that your contributions do not, in whole or part, contravene copyright or rights of any third party, nor any other provision of existing law, and thus assume full responsibility for its contribution.

You warrant Editem o3 sa against any claim of third parties under both copyrights and related rights. Finally, you expressly grant to Editem o3 the right to access, use, reproduce and distribute your publications on the site, in particular via rss or any other system for sharing content on the web and social networks or on any Kidonaki's promotional document.

No part of this site may be reproduced, republished, copied, stored, posted, transmitted, broadcast or distributed in any manner whatsoever, unless you have received an agreement in this sense on the part of a director of KIDONAKI.

5. Forbidden items

It is strictly forbidden to propose, sell, buy or bid on items that are not authorized, such as :

Animals, animals' parts and protected plants
Firearms, weapons, knives and weapon related items
Items subject to embargo;
Banknotes;
Lottery tickets;
Catalogs, information, internet addresses (URL), personal data;
Catalogues, informations, adresses internet (URL), données personnelles ;
Items with adult content;
Forgery and misuse of trademark;
Identification documents and governmental licenses, certificates of vehicle parts;
Items requiring a special authorization to market (except for professionals holding such authorization);
Drugs, narcotics and psychotropics;
Copyrights – basic principles;
Prohibited electronic equipments;
Human beings, human body or human body parts;
Counterfeit currency and stamps;
Restricted or prohibited goods because of safety;
Drugs and medical devices;
Food, beverages, alcohol, unless approved in writing by us; Explosives;
Chemicals and other substances hazardous to health;
Objects, clothing and identification badges from the security field; Tobacco;
Securities, shares, securities and related documents;
Show places, vouchers, etc. whose validity date does not allow for effective use in a reasonable time after the sale.

6. Prudence of members

We do not control the information provided by users and published on our website. We cannot guarantee that information published by another use is accurate, true and serious. Please always exercise caution and common sense when using the site.

6.1. Be careful

To prevent buyers and sellers from inconvenience, there is a page “kidonator's profile”, which is easy to access by clicking on the Kidonator's name. This page will help to better assess whether you can trust or not the particular Kidonator. This assessment is under your responsibility. At the end of the transaction, you can give an evaluation, positive, neutral or negative to your correspondent.

6.2 Discharge of liability

In case of problem or dispute with another user as a consequence of the use of the site, you declare and agree to personally take responsibility for the problem/dispute follow-up, without any appeal against KIDONAKI, and you discharge us from liability for any claim, damage, loss, cost and expense, including legal fees, noted or not, arising from this dispute.

7. To buy and bid

Only registered members can bid and buy on the site. If you bid and win the auction, or if you buy an item at a fixed price, you agree to finalize the deal and pay for the item received.

If you place a bid, you agree to comply with the terms and conditions mentioned in the item's description, provided they are not in contradiction with the law or with these general conditions.

A bid is irrevocable, except in very exceptional cases, such as: The seller changes significantly the description of the item after the auction; It is impossible to check the seller's identity. In any case, Kidonaki cannot be held responsible for damage, theft or loss of items issued.

Kidonaki does not guarantee the auction made less than a minute before the completion of the sale.

To be sure not to miss an object within the budget you have set, use option “maximum amount” (automatic bidding).

8. The Sale

8.1. Item description

Only registered members may propose items on the site. The seller must be entitled to sell the items they offer on the site.

The item must be clearly described and all conditions of sale have to be on the page provided for this purpose. Your ads may include relevant and honest information for the sale of the item. Images must represent reality. Each item must be listed in the appropriate category (ies). The seller is solely responsible for choosing the category (ies) that he wants to reference in the announcement. Referencing an advertisement by a seller in a given category can in no way be interpreted as a guarantee of KIDONAKI regarding the authenticity or origin of the item sold.

When an item is placed for sale, it cannot be removed, except special cases and following a request in writing to the site administrators. An item cannot be changed by the Kidonator, from the moment when at least one bid has been made on that particular item.

8.2. Item sale

As a seller when you receive at least one bid at or above the minimum price you have stated, you are obliged to complete the transaction with the person who made the highest bid at the end of the auction, except if The buyer does not comply with your conditions of sale; It is impossible to check the buyer's identity

8.3. Fraud and cheating

It is forbidden to remove an object from the sale after an auction in order to sell to the bidder without transferring the money to a project or an association. It is also forbidden to contact the bidders who bid on an item to offer them similar objects to be paid without transferring the money to an association or a project. KIDONAKI may suspend or even terminate an account suspected of fraud.

Il est formellement interdit d'enlever un objet de la vente après qu'il y ait eu un enchérissement dans le but de le vendre à l'enchérisseur sans reverser d'argent à un projet ou une association. Il est interdit aussi de contacter les enchérisseurs qui enchérissent sur un objet afin de leur proposer des objets similaires à payer sans reverser d'argent à une association ou un projet. KIDONAKI peut suspendre ou même clôturer un compte soupçonné d'activités frauduleuses. Within the same spirit, the delivery costs must be realistic and can never be a roundabout way of making a profit.

9. Personal data

These are information that you provide to us or to other kidonators, including your subscription, the ads or auctions, feedback or comments, messages or any other information that you publish on the site. You are solely responsible for your personal information, KIDONAKI being only a passive conduit for putting them on line.

9.1. Right of access and modification of your personal

We offer you the possibility to check automatically all the information you have provided, and modify them by connecting to our website and introducing yourself any new information. You can change your name, your password, contact information, financial data, and mailing address by amending details in “My KIDONAKI – profile”. In case of error, your data should be corrected. Once posted, you cannot alter or delete a message in our discussion forums on line, or any other place provided for that purpose. You can still post a new message in order to bring to your initial message any correction or additional information.

On your request, we will close your account, your contact details and your financial information will no longer appear on our active database. We will keep in our systems some information for the sole purpose to solve any dispute, resolve problems and enforce our General Conditions of use. We will keep your particular information related to the execution of the transaction for a certain period to prevent any risk of fraud or to enable us to comply with applicable legal provisions. Thus, for technical reasons or to safeguard our systems, your personal data will remain in our database after your removal request in compliance with the legal requirements in this area. However, this data will not be accessible on line anymore.

9.2. Restrictions

Your personal information, as well as all your transactions, may not:

Be false, inaccurate or misleading;
Be offensive, threatening, harmful, insulting or otherwise violate the copyright, confidence, privacy or other rights;
Infringe the copyrights, patent rights, trademark law, secrets or other proprietary rights (intellectual) or publicity rights or privacy of third parties;
Be fraudulent or involve the sale of counterfeit or stolen items;
Violate any law or other regulation (including, without limitation, those governing export control, consumer protection, unfair competition, discrimination or false advertising);
Be obscene, inappropriate or of pedophile character;
Contain viruses, macro viruses, Trojan horses or any other program designed to damage, disrupt, to be used without permission or surreptitiously intercept any system, data or personal information;

It is prohibited to offer on the site anything that would cause us to violate Belgian law or regulation in force, or which is contrary to the rules relative to prohibited items.

9.3. Respect of privacy

We do not sell or rent your personal information to third parties for marketing purposes. You can view and edit the information you provide at any time.

9.4. The use of users' information

To allow interaction between all members of our community, our system allows restricted access to contact information of other uses.

Your nickname, eventually your profile photo, your town and your region, your ratings, your score, the projects you support and the amounts collected by your Kidonaki activity will be visible on the site.

You mail reference, and eventually your bank account number (for the payment of the delivery costs) will only be visible by the Kidonators having finalized a transaction with you.

By accepting these terms, you agree to use the personal information of other users that are provided via this site strictly for communication that does not include unsolicited commercial messages, but that only relates to an existing transaction. In addition, you can only use this information in line with all laws and regulations, including the law on respect of privacy. You cannot disclose any user personal information to third parties without our consent, the user's consent and without clearly expressed notification.

Pay attention that we may disclose personal information to meet legal requirements, to enforce our rules, to respond to a complaint that an advertisement or any other content violates the right of third parties, or to protect the rights, property or safety of third parties.

9.5. Offenses against the profiles of Kidonators

We reserve the right to send an immediate warning, to suspend temporarily or permanently your registration if: You violate these Terms and general Conditions, or the documents that are incorporated for reference; We are unable to verify or authenticate any information that you provided us; We believe that your actions are likely to engage your responsibility, that of our members or of KIDONAKI.

9.6. Guarantee

We do not guarantee the functionality of the site, or which may be available of not, at any time, without problem or offending content. We cannot guarantee that our site or the servers that allow the operation of the online site are free of viruses or may not have a misfunction. Moreover, we cannot guarantee that your personal messages or your other personal information will never be made public otherwise than the ones foreseen by these regulations. It is indeed possible that third parties intercept or access private messages maliciously or illegally; or that users do divert or misuse your data collected via our website.

10. Breakdowns

Our top priority is to ensure that your transactions are conducted successfully. However it may happen that our site experience sometimes outages during which members cannot bid or find objects via our search option. Since there is no fee to put items on line, you can replace your object in the auction without problem.

11. Responsibility

Kidonaki cannot be held responsible for the content or actions of other users, nor for the objects they sell. Our site is a place of exchange whose purpose is to allow anyone, anywhere in Belgium, to offer, to sell or buy almost anything that he or she wishes, in a variety of pricing formats and venues for the exchange. We do not intervene in the transaction between buyers and sellers. So we have no control over the quality, the safety or the legality of the items listed or in the truth or accuracy of the contents or of the ads of the users. We do not either control the ability of the sellers to sell their items or the ability of the buyers to pay for such items. We cannot assure that the seller or the buyer concludes the transaction satisfactorily.

We do not transfer legal ownership of the items from seller to buyer. The agreement of sale/purchase is concluded directly between the buyer and the seller. Furthermore, we cannot guarantee a continuous and secure access to our services, in so far as the functioning of our site and services may be affected by many factors beyond our control. Accordingly, within the limit of applicable law, we disclaim all warranties, conditions or other provisions, and cannot be held liable for the loss of money, goodwill or reputation, or any special, indirect or induced damages arising from the use of our sites and services. To the extent that some jurisdictions do not allow exclusions of warranties or exclusions of damages, it is possible that such clause do not apply to you fully or partially. Where appropriate, we exclude all warranties and liability to the extent where it is permitted by applicable law.

Kidonaki is not responsible for the use of funds raised on its platform. The affiliated associations commit to use the funds collected in accordance with their social objective. If they fail to comply with such commitment, Kidonaki cannot be held responsible.

12. Litigation

In case of dispute, you release us from any liability for all claims and damages (present or future) of any kind or nature, known or unknown, arising directly or indirectly from such litigation.

You agree to compensate and defend KIDONAKI and its officers, directors, agents, affiliates, associates and employees, against any claim made by any third party due or arising from you violating these Conditions of Use or any document incorporated for reference, or any violation by you of any law or rights of third parties.

In case of dispute between you and Kidonaki, our goal is to offer a neutral and inexpensive methodology to solve it quickly. Before coming to court proceedings, we strongly encourage you to contact us first to find a solution. We will consider reasonable requests to resolve the dispute through alternative procedures such as mediation or arbitration.

Unless otherwise specified, these Terms of Use are governed by Belgian law. You agree that any claim or dispute that you have against KIDONAKI is to be resolved by a court in Brussels (Belgium), unless otherwise agreed between parties.

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