KPSHOPY

Terms of Use

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Effective date: May 1, 2019

Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications for Africa (the “Services”). If you have any questions, comments, or concerns regarding the Services, please contact us at support@Mykaaap.com.

These Terms of Use (the "Terms") are a binding contract between end-users in Africa (“you”) and Mykaaap Co.ltd, Sudan ("Mykaaap", "we", "our" and "us"). You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the PrivacyPolicy and Copyright Dispute Policy found here. If you do not access the Services from Africa, your use of the Services is governed by different terms.

These Terms constitute an electronic record within the meaning of the Information Technology Act, 2000 and the rules and regulations framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the Services.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Services, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Mykaaap takes the privacy of its users very seriously. For the current Mykaaap Privacy Policy, please visit Privacy Policy.

What are the basics of using the Services?

You may be required to sign up for an account, and select a password and user name (“Mykaaap User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Mykaaap User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf and in which case, your parents or guardians represent that you are using the Services with their consent, active involvement, and guidance).

You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by any applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You're responsible for any activity associated with your account.

You may have multiple accounts on the Services but Mykaaap strictly forbids the use of multiple accounts for the same sole user or the use of one account for multiple users, including to earn more rewards. Mykaaap will not honor rewards earned from such accounts.

By using the Services, you will automatically be deemed to have opted in and consented to receive e-mail communication from us (including transactional, promotional and/or commercial messages). When you sign in for the first time, your preferences will be set to automatically publish all social interactions to other social networks. However, you will be able to edit these preferences at any time under "Settings."

The products available on the Services are being offered and sold by third party merchants. You hereby agree and acknowledge that Mykaaap is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Services. Accordingly, the contract of sale of products on the Services will strictly be a bipartite contract between you and the merchants on the Services.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute, host, display, upload, modify, publish, transmit, update or share any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

1.    Infringes or violates the intellectual property rights or any other rights of anyone else (including Mykaaap);                                                                                         

2.    Violates any law or regulation, including any applicable export control laws;           

3.    Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, offensive, pornographic, paedophilic, libelous, invasive of another's privacy, racial or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or menacing or otherwise objectionable;       

4.    Belongs to another person and to which you do not have any rights to                              

5.    Harms minors in any way                                                                                       

6.    Jeopardizes the security of your Mykaaap account or anyone else's (such as allowing someone else to log in to the Services as you)                                                              

7.    Attempts, in any manner, to obtain the password, account, or other security information from any other user                                                                                

8.    Violates the security of any computer network, or cracks any passwords or security encryption codes                                                                                     

9.    Impersonates another person                                                                                           

10. Deceives or misleads about the origin of User Submission                                       

11. Communicates any information which is grossly offensive or menacing                    

12. Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure)                          

13. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means)                    

14. Copies or stores any significant portion of the Content;

15. Decompiles, reverse engineers, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services                                   

16. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource                            

17. Threatens the unity, integrity, defense, security or sovereignty of any African country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

A violation of any of the foregoing is grounds for removal of Content or User Submission, suspension or termination of your right to access or use the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Mykaaap’s) rights.

You understand that Mykaaap owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply – they do!

Do I have to grant any licenses to Mykaaap or other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your "User Submission." Some User Submissions are viewable by other users. To display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Mykaaap a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone, Android as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you store a User Submission in your own personal Mykaaap account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Mykaaap the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.

If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users)(a “Limited Audience User Submission”), then you grant Mykaaap the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Mykaaap the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Mykaaap users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Mykaaap’s business, provided that Mykaaap will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the foregoing licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.

Finally, you understand and agree that Mykaaap, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connecting networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, write to us in support@mykaaap.com.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Mykaaap. When you access third party websites or use third-party services, you accept that there are risks in doing so and that Mykaaap is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Mykaaap has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. Besides, Mykaaap will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Mykaaap shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants availing the Services, or between users and any third party, you agree that Mykaaap is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Mykaaap, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Will Mykaaap ever change the Services?

We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms and/or applicable laws), in our sole discretion, and without notice.

Do the Services cost anything?

It is currently free to access and browse the Services. However, you may choose to purchase products through the Services, and you alone will be responsible for paying the purchase price of any products you buy, in addition to any withholding taxes and shipping costs. Mykaaap may limit or cancel quantities of products purchased, and it reserves the right to refuse any order. In the event Mykaaap needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. Prices are subject to change at any time. Further, your purchases may be subject to Value Added Tax ("VAT") or similar taxes and the shipping time and associated cost may increase accordingly.

Mykaaap reserves the right to require payment of fees for certain or all Services, in addition to the fees charged for the purchase of products. You shall pay all such fees, as described on the website in connection with such Services selected by you. Mykaaap reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Services. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.

Prices

Prices are set by the third-party merchants offering these items for sale, and not by Mykaaap. The merchants also provide all information in the item listings, including any strike-through prices. Mykaaap does not represent, warrant, or guarantee that the merchant offered or sold the item at the strike-through price.

What if I need to return a purchase?

We want you to be completely satisfied with your purchase on the Services. If for any reason you are unhappy, please contact Mykaaap support at support@mykaaap.com.

You may return all products within  7 days of delivery. You can initiate a return or a refund on items from your Order History page. Simply click on 'Contact Support' next to the item you Mykaaap to request a return or a refund and Mykaaap Support will be ready to assist.

We aim to process all requests within 72 hours upon receiving. Refunds are issued back to the original form of payment used to purchase the order. Should you have any questions about the status of your refund, your return or your account, please feel free to contact  Mykaaap support at support@mykaaap.com. For more information on our Return Policy, visit Return Policy.

If a Mykaaap promotional credit is applied to an order and that order is refunded for any reason, any promotional credit used in that order will not be refunded.

Mykaaap cannot refund, reimburse, cover, or otherwise be responsible for any fees not paid to Mykaaap. This includes any, VAT or similar taxes as well as any return shipping costs you may incur in the refund process.

What if I want to receive Mykaaap mobile text alerts or opt-out?

If you would like to enroll to receive mobile texts and alerts about our services, you may sign up to do so on the checkout page for purchasing a product through the Services by providing your consent to receive recurring auto dialed marketing texts from or on behalf of us at the mobile number you've provided to opt-in. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to be removed from the Mykaaap text list, you can follow the instructions provided in those messages or otherwise reply STOP to any Mykaaap alert. If you have any questions, you may reply HELP to any Mykaaap alert or contact customer care at support@Mykaaap.com.

What if I want to stop using the Services?

You're free to do that at any time, by following the steps at Help/FAQ. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat the information you provide to us after you have stopped using our Services. Mykaaap is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Mykaaap has the sole right to decide whether you violate any of the restrictions outlined in these Terms.

Account termination may destroy any Content associated with your account, so keep that in mind before you decide to terminate your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

I use the Mykaaap App via the Apple App Store Or Google Play Store – should I know anything about that?

These Terms apply to your use of all the Services, including the applications available via the Apple or Google. ("Apple") App Store (including, without limitation, for iPhone, iPad, iTouch, and iWatch) Google LLC  Android Google play store (each an "Application" and, collectively, the "Applications"), but the following additional terms also apply to each Application:

1.    Both you and Mykaaap acknowledge that the Terms are concluded between you and Mykaaap only, and not with Apple or Google Play Store, and that Apple or Google play store is not responsible for the Application or the Content.

2.    The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub licensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they apply to the Services;

3.    You will only use the Application in connection with an Apple or Android device that you own or control.

4.    You acknowledge and agree that Apple and Google Play Store has no obligation whatsoever to furnish any maintenance and support services concerning the Application.

5.    In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple or Google Play Store of such failure, upon notification, Apple's or Google Play Store sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application.

6.    You acknowledge and agree that Mykaaap, and not Apple or Google Play Store, is responsible for addressing any claims yours or any third party may have concerning the Application;

7.    You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Mykaaap, and not Apple or Google Play Store, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim.

8.    You acknowledge and warrant that you are a resident of the African continent and you aware "Mykaaap" operate only in the African countries for now

9.    Both you and Mykaaap acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and

10. Both you and Mykaaap acknowledge and agree that Apple’s Or Google subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.      

What else do I need to know?

* Warranty Disclaimer

Neither Mykaaap nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided "AS IS" and without any warranty of any kind from Mykaaap or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY MYKAAAP (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

* Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MYKAAAP (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) INR [•]OR (II) THE AMOUNTS PAID BY YOU TO MYKAAAP IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

* Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold Mykaaap, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

* Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Mykaaap's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

* Choice of Law & Jurisdiction.

These Terms and your use of the Services will be interpreted under the law of Sudan, without regard to their conflict-of-law provisions. You and Mykaaap agree to submit to the exclusive jurisdiction of the courts located in Khartoum, Sudan.

* Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services including the transaction of purchase of goods. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Mykaaap agree that these Terms are the complete and exclusive Ament of the mutual understanding between you and Mykaaap and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Mykaaap, and you do not have any authority of any kind to bind Mykaaap in any respect whatsoever. Except as expressly outlined in the section above regarding the Apple Applications or Google Applications, you and Mykaaap agree there are no third-party beneficiaries intended under these Terms.