Terms & Conditions

Terms and Conditions of Service

Introduction to the Terms

Welcome to MyKoshok.com!

These are the Terms and Conditions of Service (the “Terms”) for the website located at www.mykoshok.com (the “Site”), including its sub-domains and its mobile optimized versions.  These Terms shall be supplemented by our Privacy Policy, our Copyright Policy and our other guidelines. The terms and policies are made available by us from time to time, all incorporated herein by reference.

The Site is proudly operated to you by the MyKoshok team, hereinafter referred to as “MyKoshok”.  As used herein, the terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to MyKoshok and/or its affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to visitors, users, buyers, sellers, you and others who use our Site, products and services, whether registered with an account or not.

Acceptance of the Terms

If you continue to browse and use this Site, you hereby acknowledge and agree to be bound by and under these Terms, either by simple use or through a clickable action, such as the “I Agree” button or otherwise.

These Terms, along with our Privacy Policy, will govern MyKoshok’s relationship with you in relation to the Site and any goods sold, and products and/or services offered thereby (collectively, the “Service(s)”).  Overall, your access to the Site is only offered for your individual use, and not for the use or benefit of any third party you may represent.

Updates to the Terms

MyKoshok reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise change the Services and the Site, at any time and without notice.  Any changes to these Terms will be displayed in the Site, and we may also notify you by email.  Please refer to the last effective date where changes were last undertaken by us.  Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Accounts with MyKoshok

In order to use part or all of the functionalities and Services provided via the Site, you will need to register for an account.  You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential.  In order to register and create an account with us, you will need to provide your name, email and other information.  You shall not disclose your user credentials to any third party, and must inform us of any changes to the information of your account.  If you suspect any unauthorized or fraudulent use of your account, please notify us immediately.

Services Offered

MyKoshok is a creative community and online marketplace where users can buy creative content pieces sourced by us from our exclusive, talented pool of creators.  Our Services include, but will not be limited to, promotion and delivery of household goods, apparel, accessories, mats, hats, sleeves, hoodies, shirts and more.

Accordingly MyKoshok agrees to furnish its online market place services (the “Services”) to: (i) the visitors that browse the Site; (ii) buyers and sellers of goods registered into the Site; and (iii) any other users that have opened an account, all subject to the following Terms.

Subject to the terms and conditions of these Terms, and solely in order to use the Services, you are hereby granted a non-exclusive, limited, revocable, non-transferable authorization to use the Services use only as permitted by the features of the Services and by these Terms.  MyKoshok reserves all rights not expressly granted herein in the Service.  MyKoshok may terminate this authorization at any time for any reason or no reason.

Orders

Once an order is placed, we will proceed to authorize: (i) shipment of the purchased goods; and/or (ii) the download of the digital goods to you.  We offer cash-on-delivery payment, where the money is to be collected from the purchaser upon delivery of goods, and which will be handed along with receipts to the MyKoshok team in order to be processed to sellers’ accounts via bank or payment processing platform transfers. MyKoshok will keep a percentage of the sales as its commission margin, to be indicated from time to time to all users.

There may be occasions where a product that is listed on the Site has been incorrectly listed (e.g. typographical error or system error).  In such case, MyKoshok hereby reserves the right to refuse or cancel any orders placed for any and all products incorrectly listed.  If your payment processing method has already been charged, MyKoshok will cancel your order and issue a refund or credit to your payment processing account in the amount of the incorrect price.

MyKoshok will undertake its reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct, but notwithstanding the foregoing, MyKoshok cannot fully guarantee such information. Accordingly, the products and services provided via the Site may or will be discontinued, and their specifications, availability, eligibility, prices and characteristics will be subject to change at any time, without prior notice and without any responsibility on behalf of MyKoshok.

Shipping

Before placing a final order for goods, you will be able to review the amount and type of shipping and handling fees for your order.  All dates displayed are estimated, since MyKoshok uses third party couriers to ship products, but it will use its commercially reasonable efforts to ship products within a reasonable timeframe after receipt of completed order, as well as to keep you updated on the status of your order.

Please take into account that we use third-party services in order to keep you updated of package tracking, and therefore MyKoshok will not be responsible for any delays or errors by any third party logistics providers.

We usually ship all order items together where possible, and will inform you if your order requires multiple shipments before payment.  For the case of temporary unavailable items that you select to purchase, they will be shipped as they become available.

Refund Policy

If you have a problem with your order, please contact us as soon as possible.  We offer a twenty four (24) hour guarantee for defective and/or damaged products.  Upon receiving a product, please contact us within such timeframe and include a description of the items in question, including the reason for return, your name, address, account information, payment details, products along with images and video of the shipping package, the product and any defects or shipping damages.  Since some of our products are provided by third parties, there may be some delays in processing your return and refunds, and we will contact the appropriate supplier in order to help your case.

User Code of Conduct

As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site and Services, or allow others to:

  1. Infringe these Terms, or allow, encourage or facilitate others to do so.
  2. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  3. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.

 

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and our Services, without refund or reimbursement on our part.

Content License

By posting or displaying any information, content or material on the Site or providing any user generated content to MyKoshok, via the Site, the Services or otherwise, you grant MyKoshok an irrevocable, perpetual, worldwide, royalty-free and sub-licensable license, in order to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of such user generated content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site and the provision of any Services.

You represent, confirm and warrant to MyKoshok that you have all the rights, power and authority necessary to grant the above license.  You also represent and warrant to MyKoshok that you have all rights, authorizations or otherwise hold sufficient title for all content submitted MyKoshok as set forth herein.

Term of your Agreement with MyKoshok

The term hereof shall begin on the date that comes first among: (i) first access to the Site; or (ii) your first access or execution of our Services.

Termination of these Terms

The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion; (ii) access termination or access revocation for our Services or the Site; (iii) MyKoshok’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by MyKoshok to you from time to time; or (v) MyKoshok’s decision to make the Site or Services no longer available for use, at its sole and final discretion.

Payment processors

From time to time, we use third-party payment processors such as PayPal, credit card or Stripe to bill you for any fees and Services provided through the Site.  The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors.  MyKoshok is not responsible for any and all errors by the payment processors.

Social Media Links

From time to time, the Site may offer you the functionality of linking to our main Site’s page from your social media accounts.  In principle, we do not forbid such linking, provided, however, that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You may not use our name, logo, Services or Site in such a way as to suggest any form of association, approval or endorsement on our part, without our express prior consent.  In such regard, you cannot link to individual content pieces or web pages.

As manner of exemplification, the Site may provide certain social media features such as to cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party web sites.  Please use common sense before linking to or from our Site.  We hereby reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion, without further responsibility.

Third party links and advertising

From time to time, our Site and Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information which may be of interest to you.  The provision of such links does not imply any endorsement of such third party websites (or their products and services).

From time to time, we may place ads and promotions from third party sources in the Site.  Accordingly, your participation or undertakings in promotions of third parties other than MyKoshok, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party.  MyKoshok is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.

No Warranty

Neither MyKoshok, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site, the Services or any products or goods offered thereby will be error-free, of a certain quality, uninterrupted, secure, or produce any particular results.  No advice or information given by MyKoshok or its employees, affiliates, contractors and/or agents shall create a guarantee.

Disclaimer of Damages

In no event shall MyKoshok, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site and/or the Services, including but not limited to, loss of revenue, profits, business, or other commercial or economic loss; whatsoever arising out of or related to the Site and/or the Services, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not MyKoshok, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability

In no event, shall MyKoshok’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the actual price paid by you for the license and/or use of the digital goods sold and/or our Services in the twelve (12) months preceding the claim; and henceforth any award for direct, provable damages shall not exceed such total amount.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Generals

Assignment.  These terms will inure to the benefit of any successors of the parties.

Force Majeure.  MyKoshok shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond MyKoshok’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.

Language.  These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.

No Waiver.  Failure by MyKoshok to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship.  You and MyKoshok are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Severability.  If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention.  All remaining provisions of these Terms will remain in full force and effect.

Dispute Resolution

Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the Hashemite Kingdom of Jordan, without regard to conflict of law principles.

Forum.  You hereby represent that you consent to the exclusive jurisdiction and venue of the competent authorities of the Hashemite Kingdom of Jordan, for in all disputes arising out of or relating to the use of this Site.  If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.  You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

Contact

If you have any questions or queries about us, our Site, our Services or these Terms, please contact us at contact@mykoshok.com and also as indicated in our contact page.

Date of last effective update is 5th Nov, 2017.
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