Welcome to Kyeni Ensemble. Please read these Terms and Conditions carefully before using our Service. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your use of the platform (“Service”) provided by the “Company” [Kyeni Ensemble, LLC] “Kyeni Ensemble” (“Us”, “We”, or “Our”). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of your personal information when you use the Service, and tells you about your privacy rights and how the law protects you. Please read Our Privacy Policy carefully before using Our Service.
Description of Service
Kyeni Ensemble is an online marketplace in the USA. We provide a platform for customers to sell and buy books online. Our Service is intended for users aged 18 years and above. By using our Service, you acknowledge that you are 18 years of age and above.
Definitions
For the purposes of these Terms and Conditions:
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Kyeni Ensemble, LLC (“Kyeni Ensemble”), with mailing address at 5557 Urbana Pike #1104, Frederick MD 21704 USA.
Application means the software program (Kyeni mobile App) provided by the Company downloaded by you on any electronic device.
Service refers to the Application or the Website or both.
Seller refers to any individual or entity selling books through our platform.
Buyer refers to any individual or entity making purchases through our platform.
Goods and items refer to books.
1. User Conduct
All users agree to use our platform in compliance with all applicable laws and regulations. You must not engage in any fraudulent, deceptive, or abusive behavior, including but not limited to unauthorized use of payment methods, harassment of other users, or manipulation of the platform’s functionality.
2. Sellers
By listing or selling goods through our platform, you warrant that you are legally capable of entering into binding contracts.
Account Registration
To access our Service as a seller, you must create an account and provide accurate, complete, and current information.
You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account.
You must not share your account access credentials or allow others to access your account.
Business Verification
You will be asked for additional information such as your business name, business verification documents and contact information to be approved to sell on our Service.
By submitting business verification documents, you agree that the information on the verification documents is true and accurate. You agree that you are authorized to enter into a legally binding contract on behalf of the business.
Taxes Compliance
For taxes purpose, we may ask you to submit SSN or EIN if your sale returns meet the required threshold by IRS.
Seller Responsibilities
You are solely responsible for the items you list on our platform, including their accuracy, legality, and compliance with applicable laws and regulations.
You agree not to list any items that are prohibited by law or violate the intellectual property rights of others.
You agree to fulfill orders promptly and accurately, and to provide excellent customer service to buyers.
You agree to accurately represent your products, including providing clear and truthful descriptions, images, and other relevant information. You agree to comply with all applicable laws, regulations, and industry standards related to the sale and shipment of goods.
Fees and Payments
Listing goods on our Service is free. We take a facilitation fee; a percentage of the final total price per order once the goods are sold. The facilitation fee includes payment processing fees through third parties. You may visit Start Sellingguide on our Service for more details. The facilitation fee is subject to change, to align with industry dynamics and/or government laws. The changes will be posted on our Service and users notified.
You agree to pay all fees incurred in connection with your use of the Service, and you authorize us to charge your chosen payment method for such amounts. You agree to pay all charges related to credit cards or any other payment methods chargebacks, and any other buyer-seller disputes-related charges involving your goods listed on Our Service.
Intellectual Property
You retain ownership of all intellectual property rights in the content you create or upload to our platform.
By listing items on our platform, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your content for the purpose of operating and promoting the Service.
3. Buyers
By placing an order for goods through our platform, you warrant that you are legally capable of entering into binding contracts.
Account Registration
When making a purchase on our Service, you must log into our Service to complete payment at checkout point.
You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account.
You must not share your account access credentials or allow others to access your account.
Purchase Agreement
By placing an order or completing a purchase through our platform, you agree to enter into a legally binding contract with the seller for the order or purchase of the specified goods.
You acknowledge that we act solely as a facilitator of the transaction between buyers and sellers and do not have ownership or control over the goods listed on our platform.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct, and complete.
By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.
4. Product Descriptions
We make reasonable efforts to ensure that product descriptions, including book titles, authors, editions, and conditions, are accurate and up to date. However, we do not guarantee the accuracy, completeness, or reliability of such information. Buyers are encouraged to review product descriptions, images, and seller ratings before making a purchase decision.
5. Pricing and Payments
Prices for goods listed on our platform are determined by the sellers and may be subject to change without notice.
Buyers are responsible for paying the full price of the goods, including any applicable taxes, shipping fees, or other charges disclosed at the time of purchase.
We accept various payment methods, and all transactions are processed securely through our payment gateway.
6. Shipping and Delivery
Sellers are responsible for arranging the shipment and delivery of purchased goods to the buyer’s designated address. Estimated delivery times provided by sellers are approximate and may vary depending on factors beyond our control, such as location and shipping carrier delays.
Buyers should promptly report any issues or discrepancies with the delivery of their orders to us for a resolution.
7. Returns and Refunds
We do not have universal returns and refunds policy. Our platform’s return and refund policies are determined by the individual sellers. Buyers should review the seller’s return policy before making a purchase.
In the event of a dispute or dissatisfaction with a purchase, buyers may contact us for assistance in resolving the issue with the seller.
8. Your Right to Post Content
Our Service allows you to post content. You are responsible for the content that you post to the Service, including its legality, reliability, and appropriateness. You retain ownership of all intellectual property rights in the content you create or upload to our platform.
By posting content on our platform, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your content for the purpose of operating and promoting the Service.
9. Your Feedback to Us
You certify that any feedback you provide is accurate, truthful, and based on your genuine experience with our Service. You assign us all rights, titles, and interest in any feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, distribute, modify, and display such feedback without restriction.
You acknowledge and agree that you will not receive any compensation, monetary or otherwise, for your submission of feedback, regardless of whether we use your feedback in any manner.
We encourage constructive criticism and suggestions for improvement but prohibit any content that is defamatory, offensive, harassing, discriminatory, or otherwise inappropriate. We reserve the right to remove such content and take appropriate action, including account suspension or termination, at our discretion.
10. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
11. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Kyeni Ensemble, LLC.
Kyeni Ensemble, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Kyeni Ensemble, LLC shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
12. Limitation of Liability
The Company’s total liability to you for all claims arising out of or relating to your use of the Service shall be limited to the cost of the Goods sold (the Goods in dispute, if any) on our Service, up to a maximum of 100 US dollars.
13. “AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided on an “as is” and “as available” basis without any warranties of any kind, expressed or implied. The Company disclaims all warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
14. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Kyeni Ensemble, LLC, and its licensors. You are prohibited from copying our Service content or gaining access to our Service to learn its features and/or functionality, for competition purposes. Our Service is protected by copyright, trademark, and other laws of both the USA and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kyeni Ensemble, LLC.
15. Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on our platform infringes a copyright or other intellectual property infringement of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through our Service, you must submit your notice in writing to the attention of our copyright agent via email at support@kyeniensemble.com and include in your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content is infringing your copyright.
16. Disputes Resolution
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
17. Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
18. Termination of Access
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
19. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Maryland, USA, without regard to its conflict of law provisions.
20. Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website, Application and the Service.
21. Acknowledgement
You acknowledge that you have read these Terms and Conditions, understand them, and will be bound by these Terms and Conditions. You further acknowledge that these Terms and Conditions together with the Privacy Policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us at:
