General Terms and Conditions

AppKino Marketplace Terms and Conditions:

 

Welcome to AppKino!


This is the Terms & Conditions for all the “Parties” related to AppKino Marketplace. If you see us using these expressions like “our”, “we”, “us” it means we are talking about the AppKino Marketplace. On the other hand if you see us using these expressions like “you/r”, “user/s”, “customer/s”, “buyer/s”, “purchaser/s”, “creator/s”, “seller/s”, “member/s”, “they” or name or mention someone as a user of this Marketplace, also use any expression that doesn’t mean “AppKino” itself then we are talking about the users of this Marketplace, now this can be the “buyer” or the “seller” or the “user (registered / unregistered / guest)” in any form of expressions.

 

When you accept these terms and conditions while creating / registering an account in this Marketplace you automatically become a member of AppKino community. By using that account you will be able to buy, sell, download Apps that are available on the AppKino Marketplace and make transactions that are related. You can also buy Apps on AppKino Marketplace as a Guest.

Please read and understand the whole terms and conditions section very carefully with your own responsibility. If you don’t accept or agree with the terms and conditions then it’s really sad for us, but you will need to leave because your presence on and use of the AppKino Marketplace is conditional on your acceptance to be bound by these Terms and Conditions, the Privacy Policy and the Acceptable Use Policy whether you become a member or not.


At first, we would like to be very specific about this marketplace’s nature, “AppKino is a marketplace where people or organizations buy and sell Mobile Application related Digital products or services.” and you can get access to the Marketplace at www.appkino.com

 

The AppKino Marketplace allows the registered / guest members to buy and sell licenses or source codes of Mobile Applications or related digital products or services. On AppKino Marketplace, buyers and sellers deal / transact with each other directly and AppKino provides the platform to allow the deals / transactions to take place.

As a member of AppKino marketplace all of your deals / transactions (receiving or making payments as a buyer or seller) get stored in your member’s statement. If you make the deal / transaction as a guest, then you will be emailed the details of that deal / transaction.

The sellers of AppKino Marketplace are known as “Creator/s” and the products / services on AppKino Marketplace are owned / created by the creators, not by AppKino marketplace. The products / services on AppKino Marketplace are uploaded by or at the acknowledgement of the creators. AppKino provides only the platform service and don’t take any ownership of the offered products / services on the marketplace.


As a user of AppKino Marketplace, you promise that information you give us is true, accurate and complete when you register / signup for an account or update any information of your account. You also promise that you will keep your account information up-to-date. Please note, your membership is not transferable which means you cannot sell / transfer your account or ownership of your account. You are solely responsible for any use of the Marketplace website including any activity that occurs in conjunction with your username and password. To protect your account please keep your password secure and don’t let any other person use your username or password. If you realise / suspect of any unauthorized use of your account or any breach of security you need to let us know immediately.

Membership and Account Usage Terms:

Buyer:

Registration or sign up as a buyer is free which will primarily allow you to ‘buy’ and “download” products (with source codes) / services offered by the  “creators” in AppKino Marketplace. As a buyer you will also be able to participate in our online forums, and generally contribute to our ecosystem of AppKino Marketplace that will help other users in many ways like product / creator review, idea sharing, etc. Buyers can become seller (creator) anytime with their existing account which means you don’t have to create another account to be a seller or creator of AppKino Marketplace.

 

Seller (creator):

Registration or sign up as a seller is free which will primarily allow you to “upload” and “sell” your products (with source codes) / services to the “buyers” through AppKino Marketplace. As a creator you will also be able to participate in our online forums, and generally contribute to our ecosystem of AppKino Marketplace that will help other users in many ways like idea sharing, product development, etc. Sellers can become buyer anytime with their existing account which means you don’t have to create another account to be a buyer of AppKino Marketplace.

 

Guest Member:

You can make purchase from AppKino Marketplace as a guest member and all the terms and conditions of a buyer will be applicable to you as a guest member during the purchase. As a guest you won’t receive a AppKino Marketplace buyer account and your access will be limited. Ofcourse you can register / sign up as a buyer at any given time but all of your previous buying history as a guest won’t be merged with the buyer account. Please note, the guest member facility won’t allow you to offer / sell any product or service through AppKino Marketplace.

 

Under Age:

To be a user (buyer or seller or guest) of AppKino Marketplace you need to be at least 18 years. If you’re under 18 you will need your parent or guardian as a guest user to buy any product or service or you can use the account of a parent or legal guardian who is at least 18 years of age, with their permission, in that case that person who’s account you use will be solely responsible for all the activities and transaction on AppKino Marketplace.

How buying Apps works
This section will help you understand what you are buying when you purchase an App and how that transaction takes place on AppKino Marketplace.
13. What you’re buying:

Source Code: The AppKino Marketplace focuses exclusively on Mobile Apps and all Mobile Apps that are offered in this Marketplace by the Sellers or Creators comes with Source Code which means you will own that App. Since downloading anything from AppKino Marketplace requires a member account so if you download an App that someone else has bought for you then you will own that App’s source code.

 

Customization Support: After purchase of an App you might need to customize that a little bit before launching your own product and to make the launch smoother and faster you can get customization support from the Creators. Please note, not all Apps will come with Customization support, this will totally depend on the Creators. Please note, not all the Apps will come with Customization Support as Creators can choose whether or not to offer that support for their Apps on the Marketplace. The terms and conditions or the inclusion of that Customization Support like support duration, number of support, type of customization  will be decided by the Seller or agreed mutually by both the Buyer and Seller based on the requirements or nature of the Apps.


AppKino Service: In addition to the use of the Marketplace, when you ‘buy’ an App you also receive services from AppKino like 24/7 buyer support, fraud protection, App quality control and other related buyer services.

 

App Price:
The App price is made up of a Source Code price along with the App itself.

 

Customization Support Price:

Since the Customization Support service depends on the Creators themselves and the support type, terms and conditions may vary based on both buyer and sellers understanding so there is no fixed price for this but AppKino Marketplace encourages per man hour wages to determine the customization price as a standard practice.


Buyer fee: This is the fee for the buyer services you get from AppKino.

Handling fee (if applicable): During a purchase from AppKino Marketplace you get redirected to a payment gateway or service provider where you may be required to pay a handling fee.

 

Taxes (if applicable): Some transactions on AppKino Marketplace may be subject to tax that may be added to the price.

Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on AppKino Marketplace. Your financial institution does the currency conversion and may charge you additional fees. This means that you may incur additional costs when purchasing from AppKino Marketplace, which we have no control over.


Terms of buying: When you buy an App from AppKino Marketplace you’re doing so on the following terms:

– you warrant to us and the Seller / Creator that as a Buyer you have carefully chosen the App
– you cannot cancel a completed purchase of an item;
– we and the Creators do not promise that any particular App will continue to be available on AppKino Marketplace so you should download and save as soon as you buy it;
– your relevant details may be provided to the Creator of the App in order to facilitate the transaction, for example for invoicing and customization support services;
we have the right to enforce against you the terms of the Apps that you have acquired from an author.

Warranties by Us: We warrant that the AppKino Marketplace will be suitable for the purposes described on the website, and that we will provide our platform services with reasonable skill and care. We otherwise do not make any express or implied warranties about the AppKino Marketplace.

Warranties by Creators: The Creators of an App you buy from AppKino Marketplace warrants to you that:

– the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
the App matches the description given by the Creator on the App preview page, as well as any App preview;
– they will honour any express warranties given to you that are not contained in these terms;
– the App and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
– the App and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
– the App does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
– if the App is marked as ‘customization supported’, they will provide you with the services as decided or agreed mutually by both of you.

Taxes: Prices, fees and charges are otherwise inclusive of other applicable taxes unless stated otherwise on our site. You are responsible for paying all such taxes and imposts associated with your use of AppKino Marketplace wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).


Apps with an incorrect price or incorrect information: Despite our reasonable efforts, Apps may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.

Refunds: As App is a digital product in nature, a refund on a purchase is not granted unless one of the warranties given by the Creators or us has been breached.

We will assess refund on their merits, considering the digital nature of Apps and the type of App preview that was available before purchase. There is generally no obligation to provide a refund in situations like the following:

– you have changed your mind about an App;
– you bought an App by mistake;
– you do not have sufficient expertise to use the App;
– you ask for goodwill; or
– you can no longer access the App because it has been removed (we advise you to download your purchased Apps as soon as you buy them to avoid this situation).


If the Creator or we decide to issue a refund, this will generally be done using a particular payment method using the same payment method you used during the purchase. Any payment made to you will be made in US Dollars.

Disputes lodged with payment agents: If, as a buyer via your AppKino Marketplace account, you lodge a dispute with a payment agent, this will result in a freezing of your AppKino Marketplace account until the dispute raised with the payment agent has been closed. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your AppKino Marketplace account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.

What we own: We own all the AppKino content that we have put on AppKino Marketplace (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the AppKino Marketplace, and copyright, trademarks, designs and other intellectual property on AppKino Marketplace. We own all the trademarks, logos, service marks and trade names on AppKino Marketplace (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our AppKino Marketplace Content or use any of our intellectual property in any way not expressly stated in these terms.

What we don’t own: We do not own the Apps on AppKino Marketplace; Creators do. The Apps either uploaded by the Creators themselves or with their direction. So we cannot take responsibility for the quality, safety or legality of the Apps. We do not warrant that the Apps or any member content, code, data or materials available on or via the AppKino Marketplace do not infringe the intellectual property rights of a third party.

 

Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that Creators do the same. Our Content Policy is where you will find all the information relating to how we treat intellectual property on AppKino Marketplace including copyright and other rights.


Model and property releases: Apps are available for commercial use (unless stated otherwise by the Creator on an App page). Creators are responsible for obtaining and keeping a model or property release if one is needed; please ask the Creator directly if you need a copy of a release (if applicable).

Privacy: We respect your privacy. When you become a member or buy Apps on AppKino Marketplace as a Guest you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the AppKino Marketplace and their services, including marketing activities.

Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the AppKino Marketplace will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the AppKino Marketplace, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the AppKino Marketplace to any other person or organization or Marketpalce.

Prohibited Conduct: We strongly recommend that you don’t make your contact details public on the AppKino Marketplace or in any public communications using the AppKino Marketplace. Contact details include your email address, street address, Skype name and phone number. If you do, it must not be for any reason prohibited under the Acceptable Use Policy and you do so at your risk and understanding!

Content removal: If we receive a valid copyright takedown notice and if we think that the or any content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s right we can look at or remove any of your content for any reason at our discretion. Also if we think that your use of the AppKino Marketplace and any content might result in liability to us or anyone else we have the right to remove that content without any prior notice.

Community participation: We are proud to our global and thriving community—it’s part of what makes the AppKino Marketplace great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say.

Linking to the AppKino Marketplace: We’d be delighted if you decide to link to AppKino Marketplace from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on AppKino Marketplace. That includes no “in-line” linking methods resulting in images hosted on AppKino Marketplace being displayed on other sites. You must not “frame” any AppKino Marketplace pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the AppKino Marketplace be discontinued, and to revoke your ability to link to the AppKino Marketplace.

Links from the AppKino Marketplace: The AppKino Marketplace website may contain links to other websites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.

Third party developers: We welcome the contribution of our members and broader community, who offer different applications that work with AppKino Marketplace. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.

Eligibility, suspension or termination: We may, using reasonable discretion, decide whether or not your use of AppKino Marketplace complies with the terms and our policies and suspend or terminate your AppKino Marketplace account at any time for any reason (acting reasonably of course), including if you:

breach these terms or any terms applicable to your AppKino accounts;
– act in a way that does not align with the values of our community; or
– act in a way that could cause us or members harm.

If we do decide to permanently terminate your AppKino Marketplace account you must not apply for a new account as unfortunately you will no longer be welcome in our community.

Liability and indemnity: We provide the AppKino Marketplace as a platform service, not the Apps.

You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of AppKino Marketplace and any content you post to AppKino Marketplace (including, if you are a Creator, your Apps).

If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:

– the Apps on AppKino Marketplace;
– information provided by Creators about their Apps (including on any App page); and
– your use of Apps from AppKino Marketplace.

Our liability to you in connection with AppKino Marketplace or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

– we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
– our total liability to you is limited to the greater of USD100 and the total buyer fees paid by you in the 12 months before liability accrued.

We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.

Liability and indemnity – between Sellers (creators) and Buyers

AppKino Marketplace Sellers liability is limited to buyers. The liability of each creator to their buyers is otherwise limited, for each App purchased, to the creator’s earnings from the payment for that App, except to the extent that the author’s liability arises from wilful misrepresentations made about the App.

 

Each Seller (creator) grants to each buyer of the sellers App a limited indemnity on the following terms:
– if someone claims against a buyer that the use of the purchased App infringes the intellectual property or other rights of any third party; and

– if that buyer promptly notifies the creator about the claim and gives the creator the option to control the defence of that claim at creator’s own cost, then the creator will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement agreed to by the creator regarding that claim.

 


Availability: We strive to have AppKino Marketplace available to you 24 hours a day, seven days a week but due to internet issue occasionally you might not be able to access AppKino Marketplace, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how AppKino Marketplace works.

Third Party: If you’re using AppKino Marketplace you are automatically agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.

Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and creators are bound only by the express warranties made in these terms. Our and each creator’s liability for breach of a non-excludable consumer guarantee is limited, at our or the creator’s option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).

Blocking a member, disabling an account or refusing to process a payment: We may block you, terminate your AppKino Marketplace account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase Apps on AppKino Marketplace using funds sourced from a sanctioned country. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an creator. We may take any of the actions stated in this section without notice. If required by law we may forfeit existing deposits or earnings.

As our site is global, there are different laws that may apply and these may restrict our relationship with you.


US-specific controls: AppKino Marketplace is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export AppKino Marketplace Apps to a U.S. sanctioned country or to anyone on the SDN list.

Relationship between the parties: Nothing in these terms and conditions is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the creators only for the limited purposes of collecting payments, the creators’ providing warranties to buyers, and the disclaimer of creators’ liability to buyers.

Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your email address related to AppKino Marketplace account.

Changes to AppKino Marketplace Terms and Conditions: We may change these terms and conditions at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms and conditions by referring to the version and effective date at the footer of the terms and conditions. You can close your AppKino Marketplace Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use AppKino Marketplace sites after the changes are made, then you will be automatically agreeing to the changes.

Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

Applicable Laws: We control and operate AppKino Marketplace from our office in Bangladesh. The laws of Bangladesh govern these terms and conditions, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

Definitions
Creators:
a member who creates Apps and makes Apps available for sale on AppKino Marketplace.

Buy:
a way of purchasing an App using a payment provider.

Buyer:
a person who ‘buys’ Apps on AppKino Marketplace.

Buyer fee:
the fee for the services buyers get from AppKino like 24/7 support, fraud protection, item quality control and other related buyers’ services.

AppKino / Appkino Marketplace:
AppKino Ltd.

AppKino content:
is all the content that we have put on AppKino Marketplace website and includes the design, compilation, and look and feel of the AppKino Marketplace website, and copyright, trademarks, designs and other intellectual property on the AppKino Marketplace (unless otherwise stated and excluding content owned by others like creator content).

AppKino Marketplace:
When we refer to the ‘AppKino Marketplace’ we’re talking about the AppKino digital marketplace

AppKino Marketplace account:
what you receive when you become a Member of AppKino Marketplace.

Guest:
a person who buys an item without having an AppKino Marketplace account.

Handling fee:
the fee buyers may pay when using a payment method.

App price:
the price buyers pay for the Source Code to use an App

Customization  support:
the support a Creator agrees to provide AppKino Marketplace account holders for an App marked as ‘customization supported’.

List price:
the price you see on an App page on AppKino Marketplace, which is made up of the App price and buyer fee.

Member:
a person who signs up by creating an account and accepting these terms.

Member’s statement:
the record of payments by you to AppKino (as a buyer) and by AppKino to you (as an creator).

Payment method:
any payment agent or method we make available on the AppKino Marketplace.

Total price:
the price the buyer will pay in total, which consists of the App price, AppKino’s buyer fee and handling fee (if applicable) and any taxes that may be added.

Your content:
everything that you post on the AppKino Marketplace, or send via the AppKino Marketplace to other members and to us including Apps, files, communications and materials.

 

VERSION 1.0 – Effective Date: February 01, 2018