- By downloading this App or by creating an account on the Website, you are agreeing to the following terms, including those available by hyperlink, which are designed to ensure the correct use of the App, Website and any associated services for everyone.
- In these Terms, “Service” means the service you connect via the App or the Website, and the content we provide to you through it.
- These Terms constitute a legally binding agreement between you and Danggeun Market Inc (“Karrot”, “We” or “Us”) and are effective as of 1st November, 2019.
LICENCE TO USE APP
We licence you to use:
- the App and any updates or supplements to it;
- any related online documentation. (“Documentation”); and
- the Service as permitted in these Terms.
- Our website is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be interrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and that they comply with them.
- We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform and use your own virus protection software.
DESCRIPTION OF THE SERVICE
The type, detail, and service charge of the Service are as follows:
- Type: mobile service providing local information
- Service Name: Karrot
- Description: The Service provides users with the opportunity to join a local community market which allows a user to post information in relation to second hand goods the user wishes to buy or sell and shares the user’s location information in order to identify potential local buyers and sellers. The Service also provides local lifestyle and advertising.
- Service Charge: There is no service charge for using the Service. However, this is subject to clause 5 below.
- The Service provided by us is either paid or free. Separate paid services can only be used after paying the fee as indicated in the relevant service.
- We may invoice a service charge for any paid Service in accordance with any method established by an electronic payment service provider that entered into an agreement with us or add it to the invoice designated by us to invoice the amount. We will notify you at the time of the amount of the service charge and you will be able to review and accept the charge before you use the service.
- The cancellation or refund of the payment authorised by the use of the paid service shall be governed by any terms notified to you prior to your purchase and relevant laws and regulations.
- Any request for refunds or for disclosure of personal information of the person who authorised the payment on the grounds of personal identity theft or payment fraud will be considered by us but we are not obliged to provide any such information on request unless required by law.
- Any data charge incurred by the use of wireless services is separate and is governed by the policy of your mobile carrier. Any fees incurred when a thread is posted via such means as MMS is governed by the policy of your mobile carrier.
- Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in privacy policies and it is important that you read that information.
- Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- By agreeing to these Terms, you warrant to us that in using the Service you will comply with all applicable Data Protection laws and regulations.
APPSTORE’S TERMS ALSO APPLY
The ways in which you use the App and Documentation may also be controlled by the AppStore if using an Apple device or Googleplay if using an android and their rules and policies will apply instead of these Terms where there are differences between the two.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
- Contacting us (including with complaints). If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org
- How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
The licence granted to you in Clause 2 is in consideration of your agreement to abide by these Terms. This licence does not extend to a right to use any Karrot trademark and logo. You are solely responsible for all the information you submit to the App and any consequence that could result from your submission.
As a condition of using this App and Service, you may not:
- violate any of these Terms;
- import or export any product listed on the Service to or from a location outside of the United Kingdom;
- modify, copy, publish, license, sell or otherwise commercialise this App or any information or software associated with this App;
- use this App in any manner that could impair any of our sites in a way or interfere with any party’s use of enjoyment of any of our sites;
- otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free;
- copy the App, Documentation or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; and/or
- translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these Terms.
- You must comply with any applicable third-party terms when using this App (for example your wireless data service agreement or Appstore agreement).
ACCEPTABLE USE RESTRICTIONS
You must not:
- use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- use the App or any Service to buy or sell any goods or services listed in Karrot’s Forbidden Items Policy which is available here;
- infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these Terms);
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
For the convenience of users, we may display a variety of information related to the use of the Service, such as various notices and the promotion of our other services in our Service or send them to the user's mobile phone as text messages.
YOU MUST BE 16 TO ACCEPT THESE TERMS
You must be 16 or over to accept these Terms, download the App and use our Service.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the services we offer, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Service to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
- The App or any service we offer may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
- You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
- You agree not to hold us responsible for any thing other users post or do.
INTELLECTUAL PROPERTY RIGHTS
- Any content you upload will be considered non confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant to us and other users of the App and Service a limited licence to use, store, copy or modify that content and to distribute and make available to third parties. The licence allows us to show posts in search results of search engines (such as Google, Bing), to use posts in any on-line advertisement of the App and Service including on Facebook and social media and to use posts for service notices or operational content. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their intellectual property rights or of their right to privacy.
- You may, at any time, request us to delete, exclude from search results or render the posts private via the Customer Centre or by contacting the webmaster. You may withdraw your consent at any time for us to use your posts for our own marketing purposes and this will have no affect your continued use of the App and Service.
- We have the right to remove any posts you make if, in our opinion, your post does not comply with these Terms. You are solely responsible for securing and backing up your content.
- You warrant that, where necessary, you have obtained the requisite permissions and consents to:
- use the intellectual property of another Service user or third-party; or
- make reference to another Service user or third-party in any content posted by you or any person accessing the Service whilst logged into the App or Website.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
- When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. The App and Service is for domestic and private use. If you use the App or the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Limitations to the App and the Service. The App and the Service are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
- Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the Appstore or Googleplay) meet your requirements.
- We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any services you have paid for but not received.
If you have a dispute with one or more users of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
CHANGES TO THESE TERMS
- We may amend the Terms, the instructions on how to use the Service, and announcements in order to reflect any changes in the law or the Service, etc. In the event we amend these Terms, we shall display the amended items on the individual start-up screen of the App, and subject to the below, the amended Terms shall become effective seven (7) days after the notice has been given. Where the proposed amendments are substantial, the amended Terms shall become effective thirty (30) days after the giving of notice.
- If you do not accept the notified changes you may not be permitted to continue to use the Service.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
- In principle, the Service can be used throughout the year and twenty-four (24) hours a day. However, we may suspend the Service on the grounds of work-related or technical matters, and for a certain period of time set by us for the purpose of management.
- The Service may be temporarily suspended for regular or temporary inspection for maintenance and repair of equipment, or other significant reasons. In such an event, we will give prior notice in the App delivery screen. If the Service is interrupted for reasons that cannot be predicted, we will notify you immediately upon being made aware of the situation.
- From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
- If you choose not to install such updates you may not be able to continue using the App and the Service.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICE IF YOU BREAK THESE TERMS
We may end your rights to use the App and Service at any time by contacting you if you have breached these Terms in a serious way. We may restrict or suspend your use of the Service in the event of each of the following:
- you deliberately or negligently interfere with the management of the Service;
- you falsified or provided any misleading information when registering with our Website or when using the App;
- if it is unavoidable due to the maintenance, repair, or construction of equipment for the Service;
- there is a disruption in the use of the Service due to an emergency, malfunctions in the Service equipment, or the overload in the use of the Service;
- we deem that continuing the provision of the Service is inappropriate on other serious grounds;
- obstruction of the provision of the Service or access to the Service by using a method other than that instructed by us;
- collection, use or disclosure of information of other users without permission;
- use of the Service for profit or publicity purposes;
- sending or posting information violating good public order or morals and any applicable law such as obscene materials or information infringing on copyright or other form of intellectual property;
- copying, modifying, distributing, selling, assigning, lending, providing as a security the App or any associated service or part of the software included therein, or allowing another person to engage in such use without our consent;
- reproducing, disassembling, imitating, or otherwise modifying the App, such as attempting to reverse-engineer the software or extract the source code; or
- failure to comply with any relevant laws and regulations or these Terms. Where we restrict or suspend the use of the Service due to the provisions of the paragraphs above, we shall inform you as to the reasons why the suspension/restriction has occurred and the period of suspension/restriction if possible.
TERMINATION OF THIS AGREEMENT (DE-REGISTRATION)
- If you no longer wish to use the Service, you may, at any given time, request the termination of this agreement through the menu option. We will process the request in an expeditious manner in accordance with the law. However, for the prevention of misuse of the Service such as fraud, a user who is engaged in an on-going transaction or a transaction-related dispute may be restricted from
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.