Terms and Conditions

1.0 Introduction

Welcome to Ki-Tin.com. Anywhere the word “Ki-Tin”, “Ki-Tin.com”, “We”, “Website”, “Site”, “Us” or “Our” is used in this document, it will be referring to the company and the Services provided through it.

1.1 The Type Of People To Use Ki-Tin

  • User: Consumers and advertisers
  • Consumer: Members who are searching for any activities on Ki-Tin.com
  • Advertiser: Merchants/Promoters who are using Ki-Tin for advertising or to promote their activity.

1.2 About the company

  • This website is owned and managed by Ki-Tin. We are registered in Aruba, with the registration number XXXXXX.
  • Official email address: info@kitin.com
  • Business Address: [your office address]
  • Business Telephone: [insert phone]

1.3 Privacy Policy

We treat all customers’ information in accordance with our Privacy Policy. Please review our {Privacy Policy} for more details.

1.4 General

  • a). The following terms and conditions (“Terms”) are to be carefully read before using Ki-Tin.com website as they govern your use of the Website, and describe your rights and responsibilities referred to below, forming a legally binding agreement between “you” the user and Ki-Tin regarding your use of Ki-Tin.com and other services.
  • b). Ki-Tin provides services through its Website, Ki-Tin.com, including but not limited to classified advertising and forums. All such services, including Events, F&B (Food and beverage, Snacks, etc), Happenings (Parties, Restaurants, Happy hours, etc), Deals, are collectively referred to herein as “Service”.
  • c). By accessing, browsing and/or using Ki-Tin.com, you acknowledged to have read, understood and agreed to be bound by these Terms and to comply with all applicable laws and regulations. If for any reason you are unable or unwilling to agree to all or parts of these Terms, now or in the future, the best remedy is to immediately stop using or attempting to use Service listed on Ki-Tin.com.

2.0 Website Use And Restrictions

  • a). Ki-Tin may alter, suspend or discontinue this Website and your access to it at any time for any reason without notice or liability to you or any third party.
  • b). We may become unavailable due to maintenance or malfunction of computer equipment or for other reasons, and may result in damages to your systems or operations.
  • c). You shall be solely responsible for ensuring that any information you obtained from Ki-Tin.com does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software or data.
  • d). Ki-Tin contains or may contain pictures, audio files, video files, data files, code extracts or any material (referred to as ‘Content’) that are protected by copyrights, trademarks or Ki-Tin.com, affiliates or any other third-party (including other members) property rights.
  • e). Ki-Tin.com does not claim any right for Content or Service posted on our Site. The authenticity of Content, captions and Service is your responsibility, and we cannot be held responsible for their authenticity.

3.0 Registration obligations and Account Security

3.1 Registration obligations

  • a). In other to use our Services and Service listed on Ki-Tin.com, you certify that you are of legal age and that you could legally be bound by your obligations if your liability is engaged due to your use of Our Website.
  • b). You also agree to: i). Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Ki-Tin has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
  • c). You agree to be held responsible for your personal use of the website (and of your member’s name, your password(s), including, without limitation, the use of the website by children under the age of 18 living with you). You agree to supervise any use of the website (in your name or through your account) by children under 18.

3.2 Account Security

  • a). On the completion of your Service registration process, you will receive a password and account designation. You are solely responsible for maintaining the confidentiality of your password and account, and are solely responsible for all activities that occur under your password or account.
  • b). You agree to: i). immediately notify Ki-Tin of any unauthorized use of your password, account designation or any breach of security or this Agreement; and ii). assume sole responsibility for ensuring that you exit from your account at the end of each session. In no event shall Ki-Tin be liable for any loss or damage arising from your failure to comply with this Agreement.

4.0 Advertisement/Content Placement

  • a). Business owners are legally and solely liable for the Content of their business listing(s) they posted on Ki-Tin.com.
  • b). As a business owner, you are obliged to provide complete, true and certified correct information about your person, contact details, business details (where applicable), and must provide sufficient descriptions to the services offered on the listing being placed.
  • c). You agree to place your business listing under the correct category within our Website, Ki-Tin.com.
  • d). You are obliged to comply with our Terms and Conditions of Use, and also expected to adhere to these terms when interacting with other Ki-Tin.com users.
  • e). You can manage your post/advertising to adding/change more content at it.
  • f). The placement of similar/duplicate listings on Ki-Tin.com is highly prohibited. As a business owner, you are obliged to inform your consumers about Ki-Tin.com consumer rights and the rights of withdrawal/cancellation, should this apply.

5.0 Consumer Activities

  • As a consumer on Ki-Tin.com, you are permitted to: a). search for services/businesses, view detail about them, follow business/categories, like or follow posts/advertising. On following a business/categories, you will receive notification when the Advertiser posts any advertisement; b). Save a post, where you will receive a notification 2 hrs prior the start of that activity. c). Personalize your profile to choose what kind of notification they want to receive.

6.0 Prohibition Policy

6.1 Contents Prohibition

  • a). You are not allowed to post Content that breaches Ki-Tin Agreement, applicable rights and/or the third party rights on Ki-Tin.com.
  • b). Ki-Tin reserves all rights to block, delete or freeze any business listings that we think are infringing on any laws or if they contain objectionable content such as adult content (including images, vulgar language, content or links).
  • c). Ki-Tin also reserves the right to warn and/or freeze your account for specific time period or permanently and to resign from the agreement/contract.

6.2 User’s Prohibitions

  • As Ki-Tin.com user, you are prohibited from: i). Violating the law or going against our Prohibited Policy; ii). Posting; 1). Fake reviews 2). misleading Advertisement 3). pornographic Advertisements 4). religious Advertisements 5). news advertisements 6). crime-related Advertisements iii). Conducting business in a dishonest and/or deceptive manner; iv). Violating the rights of the third party; v). Badmouthing other businesses; vi). Using the Website for any illegal purpose, or any purpose forbidden by the Terms and Conditions of Use; vii). Downloading or uploading Content containing virus, corrupted files or any other malware susceptible to damage or impede the normal use of our Website; viii). Causing excessive burden on Ki-Tin.com infrastructure and the smooth running operations of Ki-Tin.com; ix). Liking the same post several times so the post will keep showing on the newsfeed feature of the website; x). Copying, duplicating, modifying or distributing the contents of other business listings; xi). Promoting or advertising any other thing on reviews; xii). Scraping information like email addresses from Ki-Tin.com, or from other users of the Website without the user’s approval; xiii). Bypassing measures that serve to limit and/or prevent access to Ki-Tin.com; xiv). Defamation, abuse, harassment, threat, heinous or discriminatory propaganda against human rights, including homophobic or racist propaganda, as well as any other violation of human legal rights, including privacy rights; xv). Downloading or uploading files containing software or any other materials protected by property rights or by intellectual rights (or privacy rights and protection of Confidential Information unless you have been granted the requested authorization or own legal rights);
  • Note: All activities on Ki-Tin including leaving reviews and comments on reviews must be professional.

7.0 Business Listing and Reviews

  • a). You may use Ki-Tin.com to add, amend and/or update a Business Listing or a Review, solely on the terms and conditions of this Agreement.
  • b). All Content must: i). be complete and accurate; ii). be supplied in the manner and format specified on Ki-Tin.com; iii). not be of a nature likely to bring Ki-Tin.com into disrepute; and; iv). comply with all laws, regulations, standards and relevant industry codes;
  • c). You must not: i). use Ki-Tin.com to post Content or Service for a business that is not located in Aruba; ii). use Ki-Tin.com to add or amend a Business Listing where You do not have the express authorization of that business to do so; iii). upload, post, transmit, publish or otherwise make available any Accessible Content or Service that You do not have a right to make available under any law, regulation, rule or code or under contractual or other legal relationships; iv). upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent or unlawful Content or Service; v). infringe the intellectual property rights of others; or; vi). breach a law including, without limitation, any law that restricts advertising of a profession;
  • d). If any of the information in your Business Listing changes, becomes out of date, or no longer complies with this Agreement, You must immediately: i). amend Your Business Listing so that it complies with this Agreement; and/or ii). notify Ki-Tin.com
  • e). You acknowledge and agree that by posting Content or Service on Ki-Tin.com, You may be contacted (on an ongoing basis) via any of the contact details contained in that Content, including (without limitation) where such contact involves receiving information about products or services which we think may interest You from Ki-Tin.com.

8.0 Security and Privacy

Ki-Tin.com will do everything possible to keep your personal information safe, using the latest technologies in Internet security. However, you should note that our Site just like others can potentially be a target for hackers. Consequently, do not post any information on this Site that you think is delicate or that you would not want disclosed in case of an unlikely security crack.

9.0 External Links

Ki-Tin.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Ki-Tin.com of the site. Use of any such linked is at your own risk.

10.0 Intellectual Property Rights

  • a). Ki-Tin.com and the Database is owned and operated by Ki-Tin. You acknowledge and agree that all intellectual property rights comprised in or relating to Ki-Tin.com and the Database belong to Ki-Tin.com or our licensors, and that nothing in this Agreement constitutes a transfer of any intellectual property rights.
  • b). You may download and view content and/or print a copy of material on Ki-Tin.com for Your own use only, provided You do not: i). modify the Content (including, without limitation, any copyright notice) in any way; ii). make the Content public; or iii). use the Content in a manner or for a purpose prohibited by this Agreement.
  • c). You must not do anything that breaches or otherwise interferes with Ki-Tin’s intellectual property rights. Except as expressly permitted by this Agreement or by law, You may not reproduce any content appearing on Ki-Tin.com without our written permission and, if required, payment of a specified fee. Requests to reproduce any content may be made via the Contact Us Page.
  • d). By posting Content or Service on Ki-Tin.com, You grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide and transferable license to: i). reproduce, modify, add to, use, copy, publish, communicate and adapt the Content for any purpose and in any manner anywhere in the world, including (without limitation) on Ki-Tin.com and as part of the Database;
  • e). You must waive, and ensure that all other persons waive, absolutely and irrevocably all moral rights in relation to any Content. For the purposes of this clause, a moral right may be waived by consenting to any act or omission which would otherwise constitute an infringement of that moral right.
  • f). For the avoidance of doubt, You acknowledge and agree that: i). the License includes a right for us to make the Content or Service available to the public via any website or as part of any services or products in any jurisdiction; ii). Ki-Tin.com users will be allowed to search for Content or Service You have posted; and iii). You will do everything necessary (including without limitation, on request, execution of any documents) to give Ki-Tin the full benefit of the licenses, waivers and consents. The License will survive any termination of this Agreement.

11.0 Indemnity/Exemptions

  • a). You agree to indemnify, defend, and hold Ki-Tin.com and all of its successors, subsidiaries, affiliates, officers, directors, agents, representatives and shareholders and their respective heirs, successors (collectively, the "Indemnified Parties") harmless from and against any demands, loss, liability, claims and expenses (including attorneys’ fees) made against Ki-Tin by any third party due to, arising out of or in connection with your: i). Submission or your use of and access to our Services and Service listed on Ki-Tin.com; ii). Breach or alleged breach of these Terms; iii). Violation or alleged violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; iv). Violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders; v). The Damage your User Submission caused to a third party; or vi). Any misrepresentation made by you.
  • b). Ki-Tin reserves the right to assume the exclusive defense and control of any matter subject to indemnification and defense by you, and you will not in any event settle any claim without our prior written consent. You will cooperate as fully required by Us in the defense of any claim. This defense and indemnification obligation will survive these Terms and your use of Our Website.

12.0 User Transactions, Communications, Disputes, Interactions And Relations

  • a). Ki-Tin.com and its representatives are not parties to, have no interest or involvement, make no warranties or representations as to, and have no liability or responsibility with respect to any interactions, transactions, communications, disputes or any relations whatsoever between you and any other user, person or organization of Ki-Tin.com.
  • b). You must conduct any necessary, prudent, appropriate or judicious investigation, inquiry, research, and due diligence with respect to your interactions with others.

13.0 Modification/Removal Of Business Listing Content

  • a). As a user of Ki-Tin.com, you may at any time modify or delete your business listings. You also have the right to demand the removal or deletion of your ads from Ki-Tin.com.
  • b). Ki-Tin.com shall be ready to comply with this request immediately. However due to technical reasons, this may take a period of about 24 hours.

14.0 Liability Limitations, Injunctive Belief and Damages

14.1 Liability Limitations

  • a). Under no circumstances shall Ki-Tin.com or other third parties mentioned or involved in creating, producing, or delivering our Services be liable: i). for any direct, incidental, punitive, special or consequential damages whatsoever that directly or indirectly result from the use of, or the inability to use, this site or the information contained on this site or obtained from your use of this website, including for viruses alleged to have been obtained from the website, even if Ki-Tin has been advised of the possibility of such damages. ii). To you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise exceed $1.
  • b). If you are dissatisfied with any of the Contents contained in Ki-Tin.com, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using our Services.

14.2 Injunctive Relief

You acknowledge and agree that any violation or breach of these Terms may cause Ki-Tin.com immediate and irreparable harm and damages. Consequently, notwithstanding, of any other provision of the Terms or other applicable legal requirements, we have the right to, and may in our own discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the Terms. In addition to any and all other remedies available to Ki-Tin in law or in equity, Ki-Tin.com may seek specific performance of any term in the Terms, including but not limited to by preliminary or permanent injunction.

14.3 Damages

In addition to any injunctive relief, you agree to pay to Ki-Tin.com the total amount of all actual damages (including but not limited to the direct, indirect, consequential and incidental damages) caused by any violation of the Terms for which you bear responsibility; EXCEPT you acknowledge that, for certain Terms violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such Terms violations, you agree to pay liquidated damages to Ki-Tin.com as described therein. Furthermore, you agree that the amounts of liquidated damages described therein are reasonable estimates of Ki-Tin.com damages for such violations, and that liquidated damages for violations of the Terms are and will be cumulative.

15.0 Infringement Notices

Ki-Tin.com prohibits the posting of any information that infringes or violates our copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If, however, you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please, email us at info@kitin.com.

16.0 Third-Party Content

  • Ki-Tin.com is a revolutionary new online local business directory and not a producer or supplier of Content by third parties and Users. a). Ki-Tin.com has no editorial control over such products and services and is not obligated to review products or services, including User Created Content. Any opinions, advice, statements, services, products, reviews, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective users and not of Ki-Tin.com or any of our Service Providers, unless expressly stated otherwise. Neither Ki-Tin.com nor our Service providers make any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. b). In many instances, the Content available through Ki-Tin.com represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall Ki-Tin.com or any of our Service Providers be liable for any loss, damage or harm caused by a User's reliance on information obtained through Ki-Tin.com.
  • It is your responsibility to evaluate the accuracy, completeness or usefulness of the information, Service or Content available through Ki-Tin.com.

17.0 Governing Law

These Terms and Conditions are governed by the laws of the State of Aruba, without regard to conflict of law provisions with the exception of the arbitration provision, which shall be governed by the Federal Arbitration Act. You hereby consent to the exclusive jurisdiction of the courts of the state of Aruba. Venue shall be in Aruba.

18.0 Modification of Terms

We reserve the right to update and change these Terms from time to time with or without notice to you. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use It is therefore advised that you regularly visit this page for any latest changes.

19.0 DEALINGS WITH ADVERTISERS AND THIRD PARTIES

Your contact, correspondence or business dealings with any advertiser or any third party found on or through Service listed on Ki-Tin.com, including without limitation payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with any such dealing, are solely between you and the advertiser or third party. You agree that Ki-Tin.com shall not be responsible or liable for any loss or damage of any sort resulting from or related to any such contact, correspondence, or business dealings.

20.0 Entire Agreement

  • a). These Terms, Privacy Policy, and other policies that Ki-Tin may post on this Site constitute the entire Agreement between Ki-Tin.com and you in connection with your use of Ki-Tin.com.
  • b). Any products or services offered on Ki-Tin.com and the Content supersede any prior versions of the Terms and Conditions, if applicable. Ki-Tin.com may update these Terms from time to time by posting revised Terms and Conditions on this Site, without notice to you, and your subsequent use of the Site is governed by those new Terms and Conditions. The Terms are effective until terminated by Ki-Tin. In the event of termination, the proprietary rights, disclaimers, limitations of liabilities, and governing law provisions set forth in these terms and conditions will survive.
  • c). In the event of a conflict between any other notice, policy, disclaimer or other term contained in Ki-Tin.com, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

21.0 Disclaimers

  • a). All the information on this Site is provided on an “AS IS” basis, and Ki-Tin.com disclaims all express or implied conditions, representations, warranties of any kind, including implied warranty of merchantability, title or non-infringement.
  • b). Specifically, but without limitation, Ki-Tin does not warrant that the: i). Information on Ki-Tin.com is correct, accurate or reliable; ii). Functions contained on this Site will be uninterrupted or error-free; or iii). Defects will be corrected, or that Ki-Tin.com or the server that makes it available is free of viruses or other harmful components. You hereby acknowledge that your use of Ki-Tin.com is at your own risk.

22.0 Contact Us

If you have any questions about the Terms, please write to us by mail at:

[Address] or email us at info@kitin.com