Terms of Service
About Our Terms Of Service
1. Acceptance of Terms
Welcome to Kobikoba (“we,” “us,” “our,” or “the Platform”). These Terms of Service (“Terms”) constitute a legally binding agreement between you and [Your Company Name] governing your access to and use of our website at [yourplatform.com] (the “Platform”).
By accessing, browsing, or using the Platform in any way, you agree to be bound by these Terms and our [Privacy Policy], [Cookie Policy], and [Disclaimer]. If you do not agree with any part of these Terms, you must not use the Platform.
2. Description of the Platform
2.1 What We Do
[Your Platform Name] is an online marketplace and listing platform. We provide tools and infrastructure that allow independent shop owners, merchants, and product owners (“Sellers“) to create storefronts, list products, and connect with potential customers (“Buyers,” and together with Sellers, “Users“).
2.2 What We Do NOT Do
We act solely as a medium and venue connecting Buyers and Sellers. We are not a party to any transaction. Specifically, we:
- Do not sell products. All products are sold directly by independent Sellers.
- Do not process payments. All payments are made directly between Buyers and Sellers, outside our Platform.
- Do not handle shipping, fulfillment, or delivery. All orders are fulfilled by Sellers.
- Do not administer returns, refunds, exchanges, or warranties. These are handled exclusively by Sellers.
- Do not verify, guarantee, or endorse any product, listing, or Seller.
Your relationship with any Seller is strictly and solely between you and that Seller. See our [Disclaimer] for further details.
3. Eligibility
By using the Platform, you represent and warrant that:
- You are at least 18 years of age (or the age of majority in your jurisdiction);
- You have the legal capacity to enter into these Terms;
- If you are using the Platform on behalf of a business, you are authorized to bind that business;
- You will comply with these Terms and all applicable local, national, and international laws and regulations.
4. Account Registration
4.1 Creating an Account
To access certain features, you must create an account. You agree to:
- Provide accurate, current, and complete information;
- Keep your account credentials secure and confidential;
- Not share your account with others or transfer it to anyone;
- Notify us immediately at [support@yourplatform.com] of any unauthorized use of your account.
4.2 Seller Accounts
Sellers must additionally:
- Provide truthful business and identity information, including any verification documents we request;
- Maintain current business, contact, and (where applicable) tax information;
- Comply with our Seller Guidelines and all applicable e-commerce, consumer protection, tax, and product safety laws.
We may suspend or terminate Seller accounts that fail verification, provide false information, or breach these Terms.
5. Acceptable Use
You agree that you will NOT use the Platform to:
- Violate any applicable law or regulation;
- List, sell, or promote illegal, counterfeit, stolen, or dangerous products (Sellers);
- Post false, misleading, or fraudulent listings, reviews, or claims;
- Harass, threaten, defame, or abuse other Users;
- Scam, defraud, or deceive other Users;
- Collect other Users’ personal data without authorization;
- Upload malware, viruses, or any harmful code;
- Interfere with, disrupt, or attempt to gain unauthorized access to the Platform or its systems;
- Use automated tools (bots, scrapers, crawlers) to access the Platform without our written permission;
- Circumvent fees, listing rules, or complaint/reporting mechanisms;
- Impersonate any person or entity, or misrepresent your affiliation;
- Engage in money laundering, terrorist financing, or sanctions violations;
- Use the Platform for any purpose not expressly permitted by these Terms.
6. Transactions Between Buyers and Sellers
6.1 Independent Relationships
All transactions, communications, and agreements regarding products occur directly between the Buyer and the Seller. We are not a party to, and have no responsibility or liability for, any transaction.
6.2 Buyer Responsibilities
Buyers are responsible for:
- Reviewing listings, Seller policies, and product details before purchasing;
- Communicating directly with Sellers regarding orders, payments, shipping, and returns;
- Conducting their own due diligence before transacting with a Seller;
- Paying Sellers through the payment channels the Seller offers, at the Buyer’s own risk assessment.
6.3 Seller Responsibilities
Sellers are solely responsible for:
- The accuracy and legality of their listings, descriptions, images, and pricing;
- Stock availability and product quality;
- Payment collection, including compliance with payment provider rules and tax obligations;
- Packaging, shipping, and delivery of orders;
- Setting, publishing, and honoring return, refund, exchange, and warranty policies;
- Complying with all applicable consumer protection, product safety, labeling, and licensing laws;
- All customer service related to their products.
6.4 No Payment Processing
We never hold, process, or transmit transaction funds. We will never ask you for payment details. Any request for payment goes directly to the Seller. Report any suspicious payment requests to us immediately.
7. Complaints and Abuse Reporting
While we are not responsible for individual transactions, we maintain reporting mechanisms to protect the integrity of the Platform.
7.1 Filing a Report
You may submit a complaint or report abuse through [link to report form / email]. Include as much detail and evidence as possible.
7.2 Our Role
When you report an issue, we may:
- Review the Seller’s account and listing history;
- Contact the Seller for their response;
- Issue warnings, temporary suspensions, listing removals, or permanent account termination for Sellers who breach these Terms;
- Escalate serious matters (fraud, illegal goods, safety hazards) to relevant authorities where legally required or appropriate.
7.3 Limits of Our Role
We are not a dispute resolution body, arbitrator, court, or payment intermediary. Submitting a report does not guarantee any financial outcome, refund, or resolution of your transaction, which remains a matter between you and the Seller. Where appropriate, we may direct you to consumer protection authorities, payment provider dispute processes, or legal counsel.
8. Reviews and Content
8.1 User Content
You retain ownership of content you submit to the Platform (reviews, comments, images, etc.). By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and distribute that content in connection with operating the Platform.
8.2 Content Standards
All user content must be truthful, lawful, and not infringe third-party rights (including intellectual property, privacy, and publicity rights). We may remove content that violates these Terms, and suspend accounts that repeatedly post violating content.
8.3 Our Right to Moderate
We reserve the right (but not the obligation) to monitor, review, edit, or remove any content on the Platform at our discretion.
9. Intellectual Property
9.1 Our Property
The Platform, including its design, software, text, graphics, logos, and trademarks (excluding Seller content), is owned by or licensed to us and protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Platform without our written permission.
9.2 Seller Content
Sellers grant us a license to display their listings and related content on the Platform. Sellers represent and warrant that they own or have rights to all content they upload, and that their products do not infringe third-party intellectual property rights. Sellers are solely liable for infringement claims arising from their listings.
10. Fees
[Select and adapt the applicable clause:]
Option A — Free for Buyers: Creating a Buyer account and browsing the Platform is free. We may charge Sellers subscription or listing fees as described in our [Seller Pricing Page].
Option B — No Fees: Use of the Platform is currently free. We reserve the right to introduce fees in the future with at least 30 days’ prior notice.
Any applicable fees are quoted exclusive of taxes, which are the responsibility of the paying party.
11. Disclaimers
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:
- The Platform will be uninterrupted, secure, error-free, or free of viruses;
- Any listing, product, Seller, or transaction will be accurate, reliable, safe, or lawful;
- Any product will match its description or photos, or meet your expectations.
We do not endorse, verify, or guarantee any Seller or product on the Platform.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, REVENUE, GOODWILL, OR PERSONAL INJURY — ARISING FROM YOUR USE OF THE PLATFORM, ANY CONTENT ON IT, OR ANY TRANSACTION BETWEEN USERS.
- WE ARE NOT LIABLE FOR THE CONDUCT OF ANY SELLER OR BUYER, THE QUALITY OR LEGALITY OF ANY PRODUCT, OR THE FAILURE OF ANY PARTY TO COMPLETE A TRANSACTION.
- IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) [amount in local currency].
- YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY TRANSACTION DISPUTE LIES WITH THE COUNTERPARTY TO THAT TRANSACTION.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for certain damages, so some of the above may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless [Your Company Name], its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or relating to:
- Your use of the Platform;
- Your content or listings;
- Your transactions with other Users;
- Your breach of these Terms or violation of any law or third-party right.
Sellers shall additionally indemnify us against claims arising from their products, listings, and conduct toward Buyers.
14. Suspension and Termination
14.1 Termination by You
You may delete your account at any time via your account settings or by contacting us. Certain provisions of these Terms (including liability limitations and indemnification) survive termination.
14.2 Termination by Us
We may suspend or terminate your access to the Platform immediately, without prior notice, if we reasonably believe you have:
- Breached these Terms;
- Engaged in fraud, abuse, or illegal activity;
- Created risk or legal exposure for us or other Users;
- Failed to complete Seller verification or provided false information.
14.3 Effect of Termination
Upon termination, your right to use the Platform ceases immediately. We may retain your data as described in our [Privacy Policy], including for legal compliance and abuse prevention.
15. Dispute Resolution and Governing Law
15.1 Governing Law
These Terms are governed by the laws of [your jurisdiction], without regard to conflict-of-law principles.
15.2 Informal Resolution
Before filing any formal claim, you agree to contact us at [legal@yourplatform.com] and attempt to resolve the dispute informally for at least 30 days.
15.3 Venue
Any dispute not resolved informally shall be brought exclusively in the courts located in [your jurisdiction], and you consent to their personal jurisdiction — except where applicable consumer protection law grants you mandatory rights to sue in your own jurisdiction.
15.4 Class Action Waiver
[Optional, enforceable in some jurisdictions:] To the extent permitted by law, disputes shall be resolved on an individual basis, and you waive any right to participate in a class, collective, or representative action.
16. General Provisions
- Entire Agreement: These Terms, together with the policies referenced herein, constitute the entire agreement between you and us regarding the Platform.
- Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
- No Waiver: Our failure to enforce any provision is not a waiver of that provision.
- Assignment: You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- No Agency: Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and us.
- Force Majeure: We are not liable for failures caused by events beyond our reasonable control (natural disasters, war, outages, government actions, etc.).
17. Changes to These Terms
We may revise these Terms from time to time. If changes are material, we will provide reasonable notice (e.g., by email or a prominent Platform notice) before they take effect. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms. The version posted on this page with the “Last updated” date is the version currently in force.