Terms of Service

TERMS OF SERVICE AND CONDITIONS OF USE: USER AGREEMENT

Your use of K.KS Marketing’s products, software, services, and websites (collectively referred to as the “Services”) is subject to the terms of this ‘TERMS OF SERVICE AND CONDITIONS OF USE: USER AGREEMENT’ (the “Terms of Use” or “Agreement”) between K.KS Marketing and you (“User”). User includes the firm or other entity with which the User is affiliated or employed (including its officers, directors, agents, managers, and employees), to the extent that the User is operating on its behalf. The User affirms that he or she is at least 18 years old and is permitted by his or her employer or other entity to join into this Agreement. Please note that in order to use our website located at kks.marketing, client.kks.marketing or any other subdomain or derivative URL (the “Site”) and related software and services (collectively, the “K.KS Marketing Platform”), You must read, agree to, and accept all of the terms and conditions contained in this Agreement.

 

Electronic Agreement – This Agreement is a legally binding electronic contract that outlines the terms of your use of the Site and your subscriptions to the Services. By accessing this Site or registering as a Member, the User consents to receiving this Agreement electronically.

 

THE USERS ACCEPTANCE OF THIS AGREEMENT

THIS AGREEMENT – THE FOLLOWING NOTICES, TERMS, CONDITIONS AND POLICIES – GOVERNS THE USE OF THIS SITE, ITS CONTENTS, ANY PRODUCTS OR SERVICES AVAILABLE ON OR CERTAIN SPECIFIC MATERIAL CONTAINED IN THIS SITE, AND SET FORTH THE TERMS AND CONDITIONS THAT APPLY TO USE OF THIS SITE BY YOU. IN THE EVENT OF ANY INCONSISTENCIES BETWEEN THE TERMS OF THIS AGREEMENT AND THOSE CONTAINED IN ANY OTHER PRODUCTS OR SERVICES AGREEMENT(S) EXECUTED AND IN EFFECT BETWEEN THE PARTIES, THEN THE TERMS OF SUCH PRODUCTS OR SERVICES AGREEMENT(S) SHALL PREVAIL WITH RESPECT TO THIS AGREEMENT.

 

THIS CONTRACT IS VALID AS OF MARCH 28, 2019. BY ACCESSING OR USING THIS SITE, kks.marketing, or any subdomain of kks.marketing, (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), THE USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, AND BY USE OF THIS SITE THE USER REPRESENTS AND WARRANTS TO K.KS Marketing, EXPRESSLY, IMPLICITLY, OR PLEASE DO NOT USE THE SITE IF YOU, “THE USER,” DO NOT AGREE.

 

ARTICLE 1

ACCEPTANCE OF TERMS AND THE PROVISION OF SERVICE

 

  1. ACCEPTANCE OF TERMS: PROVISION OF SERVICES.

The User understands, acknowledges, accepts, consents, and agrees to the following: (a) This Agreement incorporates by reference all other terms and conditions applicable to the User’s use of kks.marketing set forth in any services or product agreements, or other transfers or assignments that have been or shall be entered into by and between the User and K.KS Marketing; (b) kks.marketing and its contents are for User’s personal, non-commercial use only; and (c) The User’s right to use kks.marketing is personal and non-transferable.

  1. ACCEPTANCE OF TERMS: DESCRIPTION OF SERVICES.

K.KS Marketing grants User access to a number of resources, including business management tools, client portals, communications solutions, and product information (collectively “Services”), via its website. The Terms of Service govern the Services, including any modifications, upgrades, new features, and/or the inclusion of any new Web properties.

 

  1. ACCEPTANCE OF TERMS: CHANGES TO THE TERMS OF THIS AGREEMENT OR OTHER POLICIES

K.KS Marketing reserves the right to change or modify the terms and conditions applicable to User’s use of kks.marketing, or any portion thereof, at any time, or to impose new requirements, including, but not limited to, the imposition of fees and charges for usage. These modifications, alterations, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on kks.marketing, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. The User’s continued use of kks.marketing following such notification shall be construed as acceptance of such changes, revisions, or additions. The User is responsible for frequently reviewing these terms for any modifications. The most recent version of this Agreement can be seen by clicking the “Terms of Service” link at the bottom of kks.partners’s web pages.

 

  1. ACCEPTANCE OF TERMS: CHANGES TO SERVICES

4.1 K.KS Marketing reserves the right to modify, enhance, or discontinue any of its content, products, services, or any aspect or feature of kks.marketing, including, but not limited to, content, hours of availability, and equipment required for access or use, at any time and without prior notice to the User. K.KS Marketing may supply services to the User via subsidiaries or related companies. K.KS Marketing reserves the right to modify, remove, or discontinue (temporarily or permanently) the website, or any content, service, function, feature, or other part of the website, at any time and without notice; and the User agrees that K.KS Marketing shall not be liable for any such modification, removal, or discontinuance.

 

4.2 Your Purchase of Services and Availability of Services – Some terms and conditions govern your purchase of services from K.KS Marketing and your use of particular portions or features of kk.marketing. The duties of K.KS Marketing with respect to its services given on kks.marketing are controlled solely by such terms and conditions, and nothing included on kks.marketing or in these Terms and Conditions shall be deemed to modify such terms and conditions. Services-related content on kks.marketing may be out of date, and K.KS Marketing makes no obligation to update such content. Not all services indicated in these documents will be available in your country, nor do such references imply that K.KS Marketing will offer such services there. Please go to kks.marketing for information on the availability of specific services in your country.

 

4.3 Promotions – kks.marketing may contain or provide sweepstakes, contests, promotions, or other similar features, which may be governed by a different set of rules that explain the contest or promotion and may have eligibility limitations, such as age or location limits. You are responsible for reading these rules to decide if your participation, registration, or entry will be valid or restricted, as well as the sponsor’s criteria for the specific contest or promotion.

 

  1. ACCEPTANCE OF TERMS: ADDITIONAL TERMS AND CONDITIONS FOR SOFTWARE.

While registering for or purchasing kks.marketing’s services, the User may be asked to accept one or more End-User License Agreements (or “EULAs”) that may contain extra terms. The User is bound by any EULA to which they consent.

 

  1. PRIVACY: DATA PROTECTION.

In order to offer you with quality services, we gather some personal information about you, including, but not limited to, the User’s name, address, telephone numbers, and in some instances (where our service is co-branded with a credit card partner) credit card information. Additionally, kks.marketing utilizes cookies and similar automated mechanisms to collect information that is vital to enhancing and personalizing the User’s experience as a K.KS Marketing customer. Our information practices are governed by K.KS Marketing’s ‘Privacy Policy’ (the most recent version is available at https://kks.partners/privacy-policy/). The information the User submits when opening a K.KS Marketing account and when the User transacts business via the K.KS Marketing website may be transferred to, stored in, and/or processed in the United States or any other country when such transfer, storage, and/or processing is required to provide you with K.KS Marketing services. By creating an account with K.KS Marketing, the User consents to the transfer, storage, and/or processing of this information in these countries. If the User objections to the transfer, storage, or processing of the User’s information in this manner, if the User objects to the use of cookies, or if the User objects to our Privacy Statement, please do not use K.KS Marketing’s services.

 

  1. SECURITY NOTICE: USER REGISTRATION.

The User must register on kks.marketing in order to utilize some Site features, such as our mobile application. Registration is optional if the User merely want to peruse kks.marketing. The User will be needed to enter contact information, including an email address, username, and password, during registration. The User’s registered email address will serve as the Username. The User may use their own name, but is not required to do so. If the User chooses to use their own name, they consent to it being shared with third parties through the use of specific K.KS Marketing and Site functions, such as our app. K.KS Marketing retains the right to deny or remove any username or Display Name. For certain operations, such as the purchase of items and services, the User must enter his or her name, address, billing information, and credit card number. The User must submit accurate and exhaustive information.

 

  1. SECURITY NOTICE: MEMBER ACCOUNT, PASSWORD, AND SECURITY.

If any of the services requires the User to open an account, the User must complete the registration process by providing K.KS Marketing with current, complete and accurate information as prompted by the applicable registration form. The User also will choose a ‘password’ and a ‘display name.’ Furthermore, the User acknowledges and agrees that: (a) The User is responsible for any and all activities that occur under the User’s account and for ensuring that all such use complies fully with the provisions of this Agreement; (b) The User is responsible for protecting the confidentiality of the User’s password and account information; (c) The User must notify K.KS Marketing immediately of any unauthorized use of the User’s account or any other breach of security;  (d) K.KS Marketing is not liable for any loss that the User may incur as a result of someone else using the User’s password or account, either with or without the User’s knowledge, and the User may be held personally liable for any losses incurred by K.KS Marketing; and (e) The User may not use anyone else’s account at any time, without the account holder’s permission.

 

  1. SECURITY NOTICE: AGE OF USERS.

9.1 Children under the age of 13 are not permitted to use this service, and neither their parents nor legal guardians may accept these terms on their behalf. If we learn that a child under the age of 13 has supplied or attempted to provide personal information to K.KS Marketing, we will do our best efforts to erase the information from our files. If the User is under 18 but at least 13 years old, kks.marketing may only be used under the supervision of a parent or legal guardian who agrees to be governed by these Terms of Service.

9.2 If you are a parent or legal guardian agreeing to these Terms of Service on behalf of a child between the ages of 13 and 18, you are completely responsible for his or her use of this Site, including any financial expenses and legal liability incurred.

 

  1. SECURITY NOTICE: UNAUTHORIZED ACCESS & ACTIVITY.

Unauthorized access and attempts to defeat or circumvent security features, to use kks.marketing for other than intended purposes, to deny service to the Site’s Users, to access, obtain, alter, damage, or destroy information, or to otherwise interfere with the Site or its operation are strictly prohibited and are subject to criminal and civil penalties, including criminal and civil prosecution. Every traffic is checked for suspected misuse and logged. Such evidence will be shared to law enforcement authorities and used for criminal and civil prosecution purposes.

 

  1. USER CONDUCT: PROPER USE OF THIS SITE.

11.1 The User may only utilize kks.marketing for legitimate purposes. User shall not post or transmit through this Site any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without K.KS Marketing’s express prior approval, contains advertising or any solicitation with respect to products The User shall not engage in any conduct that, in K.KS Marketing’s sole opinion, restricts or inhibits any other User from using or enjoying this Site. User shall not use kks.marketing to advertise or execute any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of competing online information services.

 

11.2 kks.marketing contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photographs, video, graphics, music, and sound; all of kks.marketing’s contents are copyrighted as a collective work under Hong Kong’s Copyright Ordinance. K.KS Marketing is the owner of the copyright for the selection, coordination, arrangement, and enhancement of this content, as well as its original content. User may not edit, publish, transmit, participate in the transfer or sale, create derivative works, or exploit in any way, in whole or in part, any of the content. User may only download protected content for personal use. Without the full consent of K.KS Marketing and the copyright owner, no reproduction, redistribution, retransmission, publication, or commercial exploitation of downloaded content is authorized, unless expressly permitted by copyright law. No changes or deletions shall be made to the author credit, trademark legend, or copyright notice in the event of any authorised copying, redistribution, or publication of copyrighted content. User acknowledges that downloading protected content does not confer any ownership rights.

 

11.3 User shall not upload, post, or otherwise make available on kks.marketing any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right, and the onus is on User to determine that the material is not protected by copyright. The user is solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm caused by such a submission. By submitting content to any public area of this Site, User automatically grants or warrants that the owner of such content has expressly granted K.KS Marketing the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, medium, or technology now known or later developed for the full term of any rights that may exist in such content. User further authorizes any other User to access, view, save, or reproduce the content for that User’s own personal use. User hereby authorizes K.KS Marketing permission to modify, copy, publish, and distribute any content made available by User on kk.ks.marketing.

 

11.4 The preceding terms benefit K.KS Marketing, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

11.5 It should go without saying, but you may not use K.KS Marketing to engage in or encourage unlawful activities. There are other industries that do not violate the law but generate a large number of spam complaints. Specifically, we may not permit the following businesses or service categories to use Postmark:

  • offering illicit products or services for sale
  • Violateing CAN-SPAM Statutes
  • pornographic and explicit sexual content Escort services
  • Pharmaceutical products
  • Gambling products or services
  • Multi-level marketing
  • Affiliate promotion
  • Online moneymaking opportunities
  • Credit restoration and debt relief possibilities
  • Services for short-term / payday loans
  • List real estate agents or leasing services
  • Selling “Likes” or followers for a social networking site.
  • Material containing information that indicates racial or ethnic origin, political viewpoints, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data pertaining to health, or data pertaining to a person’s sex life or sexual orientation is considered sensitive.
  • Any information that, in our sole discretion, we deem detrimental to our reputation or deliverability
 
  1. THE PROVISION OF SERVICES AND RESTRICTIONS OF USE.

12.1 The Services may include e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets, and/or other message or communication facilities designed to enable User to communicate with others (“Communication Services”). User undertakes to use the Communication Services solely to post, send, and receive appropriate and, when applicable, communication-specific messages and content. User agrees that, by way of illustration and not as a limitation, when using the Communication Services, User will not: (a) Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); (b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (c) Publish, post, upload, distribute, (g) Promote or offer to sell or acquire any products or services for business purposes, unless such messages are expressly permitted by the Communication Services; (h) Download any file provided by another user of a Communication Service that User knows or has reason to know cannot be legally reproduced, displayed, performed, or distributed in such a manner; I falsify or remove any copyright management information, such as author attributions, legal or other proper notices, or proprietary designations or labels indicating the origin or source of software or other uploaded content; (j) Limit or impede the use and enjoyment of the Communication Services by any other user; (k) Violate any code of conduct or other guidelines that may be applicable to a particular Communication Service; (l) Harvest or otherwise collect information about others, including e-mail addresses; (m) Violate any applicable laws or regulations; (n) Create a false identity for the purpose of misleading others; or (o) Use, download or otherwise copy, or provide (for a fee or not) to a person or entity any directory of users of the Services or other user or usage information;

 

12.2 K.KS Marketing is not required to oversee the Communication Services. K.KS Marketing reserves the right, however, to examine all contents posted to the Communication Services and to delete any inappropriate materials at its sole discretion. K.KS Marketing retains the right to suspend or terminate User’s access to any or all Communication Services at any time and for any reason. K.KS Marketing maintains the right at all times to disclose any information deemed necessary to satisfy any applicable law, regulation, legal process, or government request, or to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion.

 

12.3 Content published to the Communication Services may be subject to posted usage, reproduction, and/or dissemination restrictions; if User downloads these materials, User is responsible for adhering to these restrictions.

 

12.4 Always exercise caution when disclosing personally identifying information through Communication Services. Thus, K.KS Marketing expressly disclaims any duty with respect to the Communication Services and any actions resulting from the User’s participation in any Communication Services. Managers and hosts are not approved K.KS Marketing spokespeople, and their opinions may not reflect those of K.KS Marketing.

 

12.5 Proper Email Practices. All email lists contained and/or utilized in connection with the Service must be subscription-based. It is illegal to use lists that have been purchased or rented from a third party. You are responsible for monitoring and managing unsubscribe requests for Your list that are not supported by the Service. Unsolicited emails will receive abuse complaints, which will impact on your account. You are responsible for keeping abuse results below the industry average. We reserve the right to terminate your account if you violate the terms of this section, or for any other reason at our sole discretion.

 

  1. THIRD-PARTY CONTENT.

13.1 Member Directory — The Site features a directory populated with information from third-party sources, Members, Users, and Clients themselves. This directory is provided as a courtesy by K.KS Marketing, which does not check or verify the information it contains.

 

13.2 Third-Party Verification and Monitoring – The Site offers a variety of services that enable access to the Member’s credentials, testing services, or information. Any information or content expressed or made accessible by third parties or other Members is the sole responsibility of the respective author(s) or distributor(s) and not K.KS Marketing. K.KS Marketing does not endorse and is not responsible for the truth or reliability of any opinion, advice, information, or statement made on the Site by anyone other than authorized K.KS Marketing employees while operating in their official roles.

 

13.2 Links and Programs – This website may include connections to external websites. The Site may also include applications that provide access to Third-Party Websites (including those of advertising) via the Site. These Third-Party Sites are owned and operated by third parties and/or their respective licensors. Access to and usage of Third-Party Sites, including online communication services such as chat, email, and phone conversations, are subject to the terms and conditions of the appropriate Third-Party Site. You agree that K.KS Marketing is not responsible or liable for I the availability or accuracy of Third-Party Sites; or (ii) the information, advertising, or goods on or available from Third-Party Sites. You are responsible for determining whether you wish to access a Third-Party Site by clicking a link or installing an application. The presence of any link or application on the Site does not imply that we support the connected website or application. You use the links and these services at your own risk, and you accept that your use of an application via the Site is “as is” and without any express or implied guarantee.

 

ARTICLE 2

DMCA COPYRIGHT POLICY AND OTHER PROPRIETARY NOTICES

  1. NOTIFICATIONS: OTHER PROPRIETARY INFORMATION AND COPYRIGHTS

All items and components found on or downloadable from kks.marketing, including but not limited to manuscripts, written materials, text, graphics, logos, software, databases, icons, images, audio and video clips, are the exclusive property of K.KS Marketing and are protected by international treaties and Hong Kong’s Copyright Ordinance. The software on kks.marketing may be utilized as a resource while viewing kks.marketing and its Content, but for no other purpose. Any other use is banned and will constitute a violation of the intellectual property rights of K.KS Marketing or the owner of the trademark in question.

 

  1. NOTIFICATIONS: TRADEMARKS.

The Site URL, kks.marketing, and its logos are trademarks of K.KS Marketing, and any use of the K.KS Marketing trademark in connection with any product or service that does not belong to K.KS Marketing, unless otherwise authorized in a written license agreement, will constitute an infringement of K.KS Marketing’s trademark rights and will be actionable under the Cap.559 Trade Marks Ordinance, International Trademark Laws, and the Trademark or equivalent laws of other countries. All other brands, trademarks, and names belong to their respective owners. Except as specifically provided in these terms and legal restrictions, nothing herein should be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other intellectual rights of K.KS Marketing or a third party. Actual company and product names referenced in this document may be the trademarks of their respective owners.

 

  1. AUTHORIZED USES & RESTRICTIONS: COPYRIGHTS & OTHER PROPRIETARY RIGHTS.

16.1 The User hereby acknowledges and agrees that: (a) The information, data, and any materials (the “Content”) available on kks.marketing and affiliate websites (the “Affiliates”) are the copyrighted works and exclusive property of K.KS Marketing and Affiliates, respectively; (b) The Content may contain proprietary and confidential information including trademarks, service marks, and patents protected by intellectual property laws and international intellectual property treaties; and (c) The Content available on kks.marketing and Affiliates may not be sold, reproduced, or distributed without the express written permission of their respective owners; (d) Any unauthorized use of the Content may violate copyright, trademark, and other laws; (e) All third-party trademarks, service marks, and logos are the property of their respective owners; and (f) All rights not expressly granted herein are reserved.

 

16.2 ADDITIONALLY, K.KS Marketing hereby authorizes the User to: (a) view and make a single copy of portions of its Content for offline, personal, non-commercial use; and (b) use such Content within the User’s organization covered by any current products or service agreements between the User or User’s organization and K.KS Marketing.

 

16.3 IN ADDITION, the User acknowledges and agrees that: (a) The Content cannot be modified or revised in any way; (b) Authorized copies of the Content must retain all copyright and other proprietary notices contained in the original Content; (c) No other use of the Content is permitted; and (d) Any violation of the foregoing may result in civil and/or criminal liability.

 

  1. DISCLAIMERS: HYPERLINKS AND EXTERNAL CONTENT.

The User acknowledges and agrees that: (a) kks.marketing, the Content, contain links to other Internet sites owned and operated by third parties; (b) Such links are not endorsements of any products or services in such sites, and no information in such sites have been endorsed or approved by K.KS Marketing; (c) K.KS Marketing is not responsible for such products, services, and information; and (d) K.KS Marketing makes no representations and are not responsible for such products, services, and information

 

  1. POLICY FOR SUBMISSION OF UNSOLICITED IDEAS

K.KS Marketing and its personnel do not accept or consider unsolicited suggestions for new advertising campaigns, promotions, goods or technology, processes, materials, marketing plans, or product names. Please do not submit any original artwork, samples, demos, or other creative works. This policy exists to avoid potential misunderstandings or disputes when kks.marketing’s products or marketing techniques may appear similar to ideas submitted. Please do not submit unsolicited suggestions to K.KS Marketing. If, despite our request that you not send us your ideas and materials, you choose to send them anyway, please note that K.KS Marketing makes no assurances that they will be kept confidential or treated as exclusive property.

 

  1. SUBMISSION OF COMMENTS & FEEDBACK: ASSIGNMENT OF RIGHTS.

The User acknowledges and agrees that: (a) All comments, feedback, information or materials submitted to kks.marketing through or in association with this K.KS Marketing shall be considered non-confidential and the property of K.KS Marketing; examples of these types of materials include but are not limited to company logos or other images, website URLs, and any other publicly accessible or readily identifiable material;(b) By submitting such comments, information, feedback, or materials to this Site or K.KS Marketing, the User agrees to a royalty-free, irrevocable assignment to K.KS Marketing of worldwide rights to use, copy, modify, publish, display, and distribute the submissions worldwide; (c) kks.marketing may use such comments, information, or materials in any way it sees fit on an unrestricted basis; and (d) The User confirms and certifies that he or she is authorized to give K.KS Marketing the aforementioned license.

 

  1. COPYRIGHT INFRACTION: REPEATED INFRIGEMENTORS

20.1 We respect the intellectual property rights of others, and we prohibit users from uploading, posting, or otherwise sending content that violates the intellectual property rights of a third party on kks.marketing or through the use of any of our services.

 

20.2 It is our policy, under appropriate circumstances and at our sole discretion, to disable and/or cancel the accounts of users who may persistently infringe or violate the copyrights or other intellectual property rights of a third party.

 

  1. NOTIFICATION OF SUSPECTED COPYRIGHT VIOLATION

21.1 If you feel that your work has been duplicated in a manner that constitutes copyright infringement, or if your intellectual property rights have been violated in any other way, please give the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) A description of the copyrighted work or other intellectual property that you claim has been infringed; (c) A description of where the allegedly infringing material is located on the website, with sufficient detail for us to locate it;(d) Your address, telephone number, and email address; (e) Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and(f) Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

21.2 Agent for Claims of Copyright or Other Intellectual Property Infringement of kks.marketing can be reached as follows:

By Mail: Unit 2015, 20/F, CEO Tower, 77 Wing Hong Street, Lai Chi Kok, Kowloon, Hong Kong

Via email: [email protected]

 

ARTICLE 3

WARRANTY DISCLAIMERS & LIABILITY LIMITATIONS

The User acknowledges, understands, and accepts that they are solely responsible for the creation, storage, and backup of your business documents. This Agreement and any subsequent registration for or use of the Site shall not be regarded as imposing on K.KS Marketing any responsibility to store, back up, retain, or provide access to any information or data for any term.

K.KS Marketing has adopted commercially reasonable technical and organizational safeguards to protect your personal data against accidental loss and unauthorized access, use, modification, or disclosure. We cannot guarantee that unauthorized third parties will never be able to circumvent these safeguards or misuse your personal information. You acknowledge that you do so at your own risk.

 

  1. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY: OUR PROVISION OF SERVICE.

22.1 DISCLAIMER OF WARRANTIES – THE USER EXPRESSLY AGREES THAT THE USE OF K.KS Marketing IS ENTIRELY AT THE USER’S OWN RISK. NEITHER K.KS Marketing NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT K.KS Marketing WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF K.KS Marketing, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF

 

22.2 kks.marketing IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT FOR THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION.

 

22.3 CERTAIN STATES AND JURISDICTIONS DO NOT PERMIT ALL OF THE ABOVE LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

22.4 LIMITATION OF LIABILITY – THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER ACKNOWLEDGES SPECIFICALLY THAT K.KS Marketing IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

 

22.5 THE DAMAGE LIMITATIONS DESCRIBED ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE DEAL BETWEEN THE USER AND K.KS Marketing, AND/OR AFFILIATES. K.KS Marketing WOULD NOT PROVIDE kks.marketing AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENCY, COMPLETENESS, SUITABILITY, OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.

 

22.6 ADDITIONALLY TO THE TERMS SET FORTH ABOVE, NEITHER, K.KS Marketing, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTRICITY OF, THE INFORMATION CONTA NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY CLAIMS OR LOSSES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE DAMAGES, OR CONSEQUENTIAL DAMAGES.

 

22.7 IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, K.KS Marketing’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

22.8 SOME STATES AND JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: CONTENT

23.1 K.KS Marketing has made every effort to offer correct Content, but does not guarantee the accuracy or completeness of the information or materials provided. In an effort to offer accurate Content, K.KS Marketing reserves the right to make unannounced modifications to the Content at any time. In spite of this disclosure, K.KS Marketing makes no specific obligation to update the Content, which may therefore be out of date.

 

23.2 DISCLAIMER OF WARRANTIES – THE USER UNDERSTANDS AND ACKNOWLEDGES THAT THE USE OF K.KS Marketing BY THE USER IS ENTIRELY AT THE USER’S OWN RISK. EXPRESSLY STATED, ANY INFORMATION OBTAINED FROM OR THROUGH K.KS Marketing, THE CONTENT, AND AFFILIATES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WARNING: THIS INFORMATION MAY CONTAIN ERRORS, PROBLEMS, AND OTHER LIMITATIONS.

 

23.3 CERTAIN STATES AND JURISDICTIONS DO NOT PERMIT ALL OF THE ABOVE LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

23.4 LIMITATION OF LIABILITY – THE USER UNDERSTANDS AND AGREES THAT K.KS Marketing IS NOT LIABLE FOR ANY DAMAGES INCURRED BY THE USER OR BY ANY THIRD PARTY RESULTING FROM THE USE OF INACCURATE INFORMATION CONTAINING ERRORS, PROBLEMS OR OTHER LIMITATIONS; AND SUCH USE WAS BY THE USER OR BY SUCH THIRD PARTY OBTAINING ACCESS TO SAID USE THROUGH THE USER, WITH OR WITHOUT THE KNOWLEDGE OF OR THE CONSENT GIVEN BY THE USER AND WITH OR WITHOUT THE KNOWLEDGE OF OR THE AUTHORIZATION GIVEN BY K.KS Marketing, OR THE USE WAS BY ANOTHER USER, GIVEN AUTHORIZED ACCESS BY K.KS Marketing OR OBTAINED UNAUTHORIZED ACCESS WITH OR WITHOUT THE KNOWLEDGE OF THE USER OR K.KS Marketing; AND NEITHER THE USER NOR THE THIRD PARTY OBTAIN ANY RIGHTS, FOR ANY CLAIMS OR ANY REMEDIES, AND FOR ANY AMOUNT OR TO ANY EXTENT AGAINST K.KS Marketing.

 

23.5 K.KS Marketing ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, REGARDLESS OF WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.

 

23.6 THE ABOVE LIMITATIONS OF DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE DEAL BETWEEN THE USER AND K.KS Marketing, AND/OR AFFILIATES. K.KS Marketing WOULD NOT PROVIDE kks.marketing AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENCY, COMPLETENESS, SUITABILITY, OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.

 

23.7 Furthermore, neither K.KS Marketing nor its affiliates shall be liable for any damages whatsoever (including, without limitation, indirect, special, consequential or incidental damages or those resulting from lost profits, lost data, or business interruption) arising out of the use, inability to use, or the results of use of K.KS Marketing, the content, affiliates, or any linked third-party website, or the materials, information, or software therein. THE USER ASSUMES ANY COSTS RELATED TO SERVICING, REPAIR, OR CORRECTIONS OF EQUIPMENT OR DATA RESULTING FROM THEIR USE OF K.KS Marketing, THE CONTENT, AFFILIATES, THE MATERIALS, INFORMATION, OR SOFTWARE ON ANY SUCH WEBSITES. ADDITIONALLY, ALL RESPONSIBILITY AND LIABILITY IS DISCLAIMED FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN K.KS Marketing, THE CONTENT, OR AFFILIATES.

 

23.8 IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, K.KS Marketing’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

23.9 SOME STATES AND JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU

 

  1. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY: THE WEBSITE SOFTWARE.

24.1 WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS ABSOLUTELY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT IS THE SOFTWARE GUARANTEED, IF AT ALL.

 

24.2 DISCLAIMER OF WARRANTIES – EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, K.KS Marketing DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

24.3 IF THE SOFTWARE COMPANY MAKES TOOLS AND UTILITIES AVAILABLE FOR USE AND/OR DOWNLOAD AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS. K.KS Marketing DOES NOT GUARANTEE THE ACCURATENESS OF THE RESULTS OR OUTPUT THAT MAY BE OBTAINED FROM THE USE OF SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE SERVICES’ AVAILABLE TOOLS AND UTILITIES.

 

24.4 CERTAIN STATES AND JURISDICTIONS DO NOT PERMIT ALL OF THE ABOVE LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

24.5 LIMITATION OF LIABILITY – IN NO EVENT SHALL K.KS Marketing AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE.

 

24.6 THE ABOVE DAMAGE LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE USER AND K.KS Marketing, AND/OR AFFILIATES. K.KS Marketing WOULD NOT PROVIDE THIS SOFTWARE WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENCY, COMPLETENESS, SUITABILITY, OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.

 

24.7 IN NO EVENT WILL K.KS Marketing, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING kks.marketing OR THE K.KS Marketing SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE kks.marketing. USER ACKNOWLEDGES THAT THIS SECTION APPLIES TO ALL CONTENT ON kks.marketing.

 

24.8 IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, K.KS Marketing’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

24.9 SOME STATES AND JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

ARTICLE 4

GENERAL PROVISIONS

  1. HEADINGS.

Headings are used solely for reference purposes and in no way define, limit, interpret, or characterize the scope or extent of any part or influence this Agreement.

 

  1. WAIVER.

The failure of any party to insist on or enforce strict performance of any provision of this Agreement or to exercise any right or remedy under this Agreement or applicable law shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely on any such provision, right, or remedy in that or any other instance; rather, the same shall continue in full force and effect. Waiver by either party of a breach of any provision contained herein must be in writing, and no such waiver will be construed as a waiver of any other and/or subsequent breach of such provision or a waiver of the provision itself; otherwise, no waiver, that are not made in writing, by either party of any breach or default hereunder shall be construed as a waiver of any preceding or subsequent breach or default. The section headers used in this document are for convenience only and have no legal significance.

 

  1. NOTICES AND COMMUNICATIONS,

27.1 Communications from K.KS Marketing to the User – K.KS Marketing and Affiliates will communicate with the User by email or by posting communications on the Site, unless the User indicates otherwise in writing to Customer Support. The User agrees to receive electronic communications from K.KS Marketing and agrees that these electronic communications comply with any legal requirement that such communications be in writing. The User is deemed to have received communication when K.KS Marketing sends the communication to the email address the User has provided to K.KS Marketing on the Site, or when K.KS Marketing posts the communication on the Site. The User must maintain their email address current on this site, and they must frequently check for new content. K.KS Marketing reserves the right to terminate or suspend the User’s Employment or Account if the User fails to respond to an email on a violation, dispute, or complaint within two Business Days.

 

27.2 Communications from the User to K.KS Marketing – Any notices to K.KS Marketing or Affiliates that are intended to have legal effect must be in written and given in person or by a method that generates a delivery receipt, to the following address: These notifications will not be considered accepted unless K.KS Marketing confirms receipt in writing.

K.KS Marketing Group Limited,

Unit 2015, 20/F CEO Tower, 77 Wing Hong Street, Lai Chi Kok, Kowloon, Hong Kong.

 

 

28. FORCE MAJEURE.

Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including, but not limited to, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, and failures of third party service providers (including providers of internet services and telecommunications). The party affected by such an incident must notify the other party within FIFTY-FIVE (45) days of its occurrence. Then, the performance of this Agreement shall be stopped for so long as any such occurrence prevents the affected party from carrying out its responsibilities under this Agreement.

 

  1. EXPIRATION OF LICENSE.

K.KS Marketing may, in its sole discretion, cancel or suspend the User’s access to all or part of kks.marketing for violation of this Agreement or for other conduct that K.KS Marketing, at its sole discretion, deems undesirable. The terms of this Agreement are perpetual unless terminated by either the User or K.KS Marketing for any reason and without prior notice. In the event this Agreement is terminated, the restrictions regarding the materials appearing on kks.marketing, Affiliates, and any linked third-party website and the representations and warranties, indemnities, and limitation of liabilities set forth in this Agreement shall survive any such termination.

 

  1. TERM; TERMINATION AND SUSPENSION.

30.1 This Agreement shall become effective upon the User’s first visit to the Site and shall remain in force for the duration of the User’s access to or use of the Site. The provisions of this Agreement shall remain in effect until terminated. Unless both the User and K.KS Marketing agree in writing to the contrary, each party may cancel the contract represented by this Agreement at any time, without explanation, upon written notice, at its sole discretion. In the event that the User terminates the contract represented by this Agreement in accordance with its terms, the User’s Account will be automatically terminated and I K.KS Marketing will continue to perform those services necessary to complete any open transaction between the User and another Member; and (ii) the User will remain obligated to pay any amounts accrued but unpaid as of the date of termination to K.KS Marketing for any Site Services and to any Member and Member Services.

 

30.2 Without limiting K.KS Marketing’s other remedies, K.KS Marketing may issue a warning, or temporarily suspend, indefinitely suspend or terminate the User’s access, Account or a Job, and refuse to provide any or all Site Services to the User if: (a) the User violates the letter or spirit of any of the terms and conditions of this Agreement; (b) K.KS Marketing suspects or becomes aware that the User has provided false or misleading information to K.KS Marketing; or (c) K.KS Marketing believes in its sole discretion that the User’ actions may cause legal liability for the User, other Users, Members, Clients or for K.KS Marketing or are contrary to the interests of the Site or the K.KS Marketing user community. Once indefinitely suspended or terminated, the User must not continue to use the Site under the same Account, a different Account, or reregister under a new Account.

 

30.3 Without limiting K.KS Marketing’s other remedies, if the User engages in actions or activities that circumvent the K.KS Marketing Site or otherwise reduce fees owed to K.KS Marketing under this Agreement, the User must pay K.KS Marketing for all fees owed to K.KS Marketing and reimburse K.KS Marketing for all losses and costs (including K.KS Marketing employee time) and reasonable expenses (including attorney fees) related to investigating such breach and enforcing this Agreement. In addition, violations of this Agreement may be pursued to the maximum degree permitted by law and may result in additional penalties and punishments.

 

30.4 K.KS Marketing will notify the User if K.KS Marketing cancels the User’s Account, unless giving notice poses a risk of additional violation or damages in our judgment. Nonetheless, K.KS Marketing will notify the User before canceling the User’s Account if the law requires such a notice. The User acknowledges and accepts that the Site’s value, reputation, and goodwill are contingent upon the transparency of Member Account status to all Members, including Clients and other Members who are participating in Jobs with the User. Hence, the User agrees as follows: K.KS Marketing HAS THE RIGHT BUT NOT THE OBLIGATION TO (1) NOTIFY OTHER MEMBERS ENGAGED IN ACTIVE JOBS WITH THE USER OF THE USER’S SUSPENDED OR TERMINATED ACCOUNT OR JOB STATUS AND (2) PROVIDE SUMMARY REASONS FOR THE ACTION IF IT SUSPENDS OR TERMINATES THE USER’S ACCOUNT OR JOB.

 

30.5 When the User’s Account is terminated for any reason, the User will no longer have access to data, messages, files and other material the User keeps on the Site. If practicable, K.KS Marketing will retain this information along with all your previous posts and proposals for a period of one year from the date of termination, to give the User ample time to institute an appeal our decision. If the User appeals our decision through that process within one year, K.KS Marketing will retain the User’s information until such dispute is resolved. If the User fails to appeal K.KS Marketing’s decision within one year, K.KS Marketing may delete the User’s information including data, messages, files and other material the User keep on the Site.

 

30.6 Surviving Provisions – In the event this Agreement is terminated Sections 14., 15., 16., 17., 18., 19., 20., 21., 22., 23., 24., 25., 26., 27., 28., 29., 30., 32., 33., 35., 36., and 37. and the ‘Privacy Policy’ shall survive any termination or expiration of this Agreement.

 

  1. INTERNATIONAL USE.

We make no guarantee that the material of kks.marketing is appropriate or accessible outside of Hong Kong. If the User accesses kks.marketing or client.kks.marketing from a place outside Hong Kong, they do so voluntarily and are responsible for compliance with local laws.

 

  1. INDEMNIFICATION.

The User agrees to defend, indemnify, and hold harmless K.KS Marketing and Affiliates from and against any and all losses, costs, expenses, damages, or other liabilities (including reasonable attorneys’ fees and costs) incurred by K.KS Marketing or Affiliates, and their respective directors, officers, employees, and agents, arising from or related to any cause of action, claim, suit, proceeding, demand, or action brought by a third party against K.KS Marketing or an Affiliate. (b) resulting from: I your use of the Site; (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with whom you conducted business through the Site;(vi) any liability arising from the tax treatment of payments or any portion thereof; (vi) your dispute with or failure to pay any invoice or make any other payment; (vii) your obligations to another User, including payment obligations; or (viii) arising out of the User’s use of K.KS Marketing or the User’s Account.

 

  1. DISPUTES AND BINDING ARBITRATION.

33.1 Informal Conflict Resolution – Prior to filing a Claim for arbitration or otherwise seeking relief in court, the User undertakes to first contact K.KS Marketing at [email protected] to inform Customer Support of the user’s complaint and seek resolution. This notice of dispute must include the User’s name, relevant account information, a brief description of the dispute, and contact information so that K.KS Marketing may examine and attempt to resolve the dispute informally. K.KS Marketing will have sixty days from the date of the initial complaint to resolve the matter informally and, if successful, avoid further action.

 

33.2 Binding Arbitration – Despite Section 32.1, above, the User acknowledges that any disputes or claims the User may have against K.KS Marketing will be (save as otherwise specified below) finally and exclusively handled by binding arbitration. One party’s decision to arbitrate is final and binding on the other. The arbitration might be conducted in person, via document submission, by phone, or online. If a party requests it, the arbitrator will issue a statement of reasons with the written judgement. The User and K.KS Marketing may litigate in court to compel arbitration, stay proceedings until arbitration, or to confirm, modify, vacate, or enter judgment on the arbitrator’s award, unless otherwise prohibited by this Agreement. The user is aware that, absent this provision, he or she would be entitled to sue in court and to a jury trial.

 

  1. NON-EXCLUSIVITY.

Each party acknowledges and agrees that the rights granted to the other party in this Agreement are non-exclusive and that, without limiting the generality of the foregoing, nothing in this Agreement shall be deemed or construed as prohibiting either party from engaging in similar business arrangements as those described in this Agreement.

 

  1. CHANGES TO THE TERMS.

K.KS Marketing maintains the right, at its sole discretion and without prior notice, to amend these conditions at any time. Modifications to these terms become effective on the date they are posted, and the User’s continuing use of kks.marketing following the posting of such changes will constitute and imply agreement to be bound by them.

 

  1. CHOICE OF LAW, JURISDICTION, VENUE AND FORUM FOR RESOLVING DISPUTES.

36.1 The User agrees that the laws of Hong Kong govern these Terms of Service, its subject matter, your use of kks.marketing, and any claim or dispute the User may have against K.KS Marketing, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

 

36.2 The User accepts that any disputes or claims that the User may have against K.KS Marketing shall be decided by a Hong Kong court, and the User consents and submits to the exercise of personal jurisdiction in such courts for the purpose of litigating such a claim or action. BY AGREEING TO THESE TERMS OF USE, THE USER IS: (A) WAIVING ANY CLAIMS THAT THE USER MIGHT OTHERWISE HAVE AGAINST K.KS Marketing BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (B) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN HONG KONG, OVER ANY DISPUTES OR CLAIMS THE USER HAS WITH US; AND (C) SUBMITTING ITSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

 

 

  1. ENTIRE AGREEMENT: SEVERABILITY AND INTEGRATION

This Agreement and any additional terms, policies, rules, and guidelines displayed on kks.marketing represent the entire agreement between the User and K.KS Marketing and supersede any prior written or spoken agreements. When the User uses, purchases, or accesses other services, Affiliate services, or third-party content or material, additional terms and conditions may apply. If any section of this Agreement is determined to be null, unlawful, or otherwise unenforceable for any reason, that provision shall be severed and the remaining provisions shall continue in effect. This is the entirety of the Agreement between the User and K.KS Marketing regarding the User’s use of kk.ksmarketing.com, the Content, and Affiliates.

 

Any rights not expressly granted herein are reserved.

Latest Revision Date: 18/10/2021

Copyright © 2019-2023 | K.KS Marketing Group Limited | All Rights Reserved.

 

en_USEnglish