Welcome to Nine Kiwis! We are located at Krivių g. 5, LT-01204 Vilnius, Lithuania and are registered under company number 306661680. These terms and conditions outline the rules and regulations for the use of Nine Kiwis‘ applications, located at ninekiwis.com, https://app.ninekiwis.com, https://ninekiwis-de.preview-domain.com, and any successor URLs, mobile or localized versions, and related domains and subdomains.
By accessing this app, we assume you accept these terms and conditions. Do not continue to use Nine Kiwis if you do not agree to take all of the terms and conditions stated on this page.
- Definitions
- „App“ refers to the Nine Kiwis application where you can access our services.
- „User,“ „You,“ „Your“ refers to the individual accessing the app and compliant with the Company’s terms and conditions.
- „Company,“ „Ourselves,“ „We,“ „Our,“ and „Us,“ refers to Nine Kiwis.
- „Party,“ „Parties,“ or „Us,“ refers to both the User and ourselves.
- Intellectual property rights
Other than the content you own, under these Terms, Nine Kiwis and/or its licensors own all the intellectual property rights and materials contained in this App. You are granted a limited license only for purposes of viewing the material contained on this App. - Restrictions
You are specifically restricted from all of the following:- Publishing any App material in any other media.
- Selling, sublicensing, and/or otherwise commercializing any App material.
- Publicly performing and/or showing any App material.
- Using this App in any way that is or may be damaging to this App.
- Using this App in any way that impacts user access to this App.
- Using this App contrary to applicable laws and regulations, or in any way may cause harm to the App, or to any person or business entity.
- Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this App.
- Using this App to engage in any advertising or marketing.
Certain areas of this App are restricted from being accessed by you and Nine Kiwis may further restrict access by you to any areas of this App, at any time, in absolute discretion
- Your content
In these Terms and Conditions, “Your Content” shall mean any audio, video text, images, or other material you choose to display on this App. By displaying Your Content, you grant Nine Kiwis a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.Your Content must be your own and must not be invading any third-party’s rights. Nine Kiwis reserves the right to remove any of Your Content from this App at any time without notice. - No warranties
This App is provided „as is,“ with all faults, and Nine Kiwis express no representations or warranties, of any kind related to this App or the materials contained on this App. - Limitation of liability
In no event shall Nine Kiwis, nor any of its officers, directors, and employees, be held liable for anything arising out of or in any way connected with your use of this App whether such liability is under contract. Nine Kiwis, including its officers, directors, and employees shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this App. - Indemnification
You hereby indemnify to the fullest extent Nine Kiwis from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these terms. - Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein. - Variation of Terms
Nine Kiwis is permitted to revise these terms at any time as it sees fit, and by using this App you are expected to review these terms on a regular basis. - Assignment
The Nine Kiwis is allowed to assign, transfer, and subcontract its rights and/or obligations under these terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these terms. - Entire agreement
These Terms constitute the entire agreement between Nine Kiwis and you in relation to your use of this App, and supersede all prior agreements and understandings. - Governing law & jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the Republic of Lithuania, and you submit to the non-exclusive jurisdiction. - Use of Third-Party MarketplacesNine Kiwis enables users to cross-list their items on various third-party marketplaces. By using Nine Kiwis, you acknowledge and agree to the following:
- Compliance Responsibility: You are solely responsible for ensuring that your use of Nine Kiwis complies with the terms of service of each marketplace on which you list your items.
- No Guarantees: Nine Kiwis does not guarantee that its Services will be permitted under the terms of service of any third-party marketplace.
- Account Risks: Any actions taken against your accounts on third-party marketplaces due to your use of Nine Kiwis are solely your responsibility. This includes, but is not limited to, account suspension, banning, or any other penalties imposed by the marketplace.
- Indemnification: You agree to indemnify and hold harmless Nine Kiwis from any claims, damages, or losses arising from your use of our Services in a manner that breaches any third-party marketplace terms of service.
- Data security and privacyNine Kiwis takes the security and privacy of your data seriously. By using our Services, you agree to the following:
- Data protection: We implement reasonable measures to protect your data from unauthorized access, disclosure, alteration, or destruction.
- Third-party services: We use third-party services (e.g., Stripe, Google Analytics) to enhance and secure our Services. By using Nine Kiwis, you agree to the terms and privacy policies of these third-party services.
- Technical and synchronization issuesWhile we strive to provide seamless and error-free service, technical issues may occur. By using Nine Kiwis, you acknowledge and agree to the following:
- Sync errors: Data synchronization issues may arise, leading to discrepancies between listings on different platforms.
- Inventory management: You are responsible for managing your inventory accurately and addressing any mismatches that may occur due to sync errors.
- Support: Nine Kiwis will provide support to address technical issues, but is not liable for any losses or damages resulting from such issues.
- Changes to the Service
Nine Kiwis reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. By continuing to use the Service, you agree to any changes made. - Contact us
If you have questions or need to contact us regarding these Terms and Conditions, please email us at hello@ninekiwis.com.
This version valid from 2024-06-20.