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Welcome to Kichichi 

Thanks for stopping by. By accessing or otherwise interacting with our website or any associated content/postings you agree to these Terms of Use (“TOU”) (last updated February 15, 2022). You acknowledge and agree Kichichi.co is a private site owned and operated by Kichichi, Inc. If you are accessing or using Kichichi on behalf of a business, you represent and warrant to Kichichi that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use Kichichi. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use Kichichi. Our policies, site rules, and agreements referenced below or on Kichichi, are fully incorporated into this TOU, and you agree to them as well.

In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess. You will not transfer your Account to another party without our consent.

You may connect to the Services with a third-party service and you give us permission to access, store, and use your information from that service as permitted by that service. If you believe your Account may have been compromised or misused, contact us immediately through the provided email address at contact us.

You will post in the appropriate category or area and will not do any of the following bad things:

• violate any laws;
• be false or misleading;
• infringe any third-party right;
• distribute or contain spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Kichichi or the interests or property of Kichcihci users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of the Kichichi;
• copy, modify, or distribute any other person's content;
• use any robot, spider, scraper or other automated means to access Kichichi and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to Kichichi.

Please use the flagging (report) system to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off Kichichi if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Kichichi or not, we do not accept any liability for monitoring Kichichi or for unauthorized or unlawful content on Kichichi or use of Kichichi by users.

Using the Services is generally free. We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for Kichichi to comply with its obligations under applicable law. To the extent that such information is not provided, Kichichi will in its discretion determine and collect appropriate taxes.

You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on Kichichi.

The Services contains stuff from us, you, and other users (as well as from our third party service providers). You agree not to copy, modify, resell or distribute the Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify Kichichi and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). Do not post content that contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual as may be required. We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party's rights. In order to report a listing to Kichichi that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items or listings through Kichichi’s email address. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is to contact us through the provided email in the website.

The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You also agree not to hold us responsible for the payment processing of other service providers (each a “Third Party Payment Processor”. For greater certainty, as applicable, if you link a Third Party Payment Processor account to your Kichichi Account, you acknowledge and agree that by making payments through Kichichi with that Third Party Payment Processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services). As most of the stuff on the Services comes from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Kichichi, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. 

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.

You will indemnify and hold harmless Kichichi and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

By using Services, you agree to the collection, transfer, storage and use of your personal information by Kichichi Inc. 

You may be asked to leave a review when messaging with other users on Kichichi. Reviews consist of a 1-5-star rating and selected reasons why you’ve chosen that review. Your submitted review, user name, profile photo (if available), and the category of the seller’s listing will be made public. User reviews should be left in good faith, ensuring that both you and the other user are depicting your interaction fairly. When leaving a review on another user’s account, the review should:

• be truthful to what happened between you and the other user
• not be left in an attempt to harass or abuse another user
• not be in left in an attempt to manipulate or mislead other users

To ensure the integrity of the review system, users are not able to edit or remove reviews on their own profile or someone else’s. Kichichi will also not mediate review-related disputes. User reviews reflect the opinions of individual Kichichi users and do not reflect the opinion of Kichichi. We reserve the right to remove reviews which violate our policies or guidelines. 

These terms and the other policies posted on the Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of Ontario. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice).