Complaints & Dispute Resolution Policy

Complaints and Dispute Resolution Policy – Kush One Platform

Effective Date: __ / __ / 20__
Last Updated: __ / __ / 20__

Article 1: Scope of the Policy

This Policy governs the submission, handling, and settlement of complaints and objections relating to transactions and services conducted through the Kush One platform.

It applies to Buyers, Sellers, and Service Providers, and forms an integral supplement to the General Terms and the purchase, seller, payment, shipping, and refund policies.

Article 2: General Principles

Complaints are managed according to the principles of fairness, impartiality, confidentiality, and prompt handling, with all parties given a reasonable opportunity to present their statements and documents.

Complaint procedures may not be used to harm others, disrupt transactions, or submit malicious or fraudulent claims.

Article 3: Nature of the Platform’s Role

As a general rule, Kush One acts as an electronic intermediary between the parties to a transaction. In disputes, its role is limited to:

1. Receiving and documenting complaints.
2. Requesting information and documents.
3. Suspending certain procedures or amounts where necessary.
4. Facilitating settlement between the parties and proposing solutions.
5. Taking operational decisions concerning accounts, orders, and payments within the Platform.

The Platform is not a court or arbitral tribunal and does not finally adjudicate the parties’ legal rights outside the scope of its services.

Article 4: Accepted Complaints

A complaint may be submitted regarding:

1. Non-delivery of a Product or Service.
2. Material delay in performance.
3. Difference of the Product from its description or specifications.
4. Damage, shortage, or defect.
5. Unjustified refusal of warranty or refund.
6. Payments, transfers, or fees.
7. Shipping, loss, or damage during transport.
8. Prohibited, counterfeit, or unlawful products.
9. Misuse of an account or data.
10. Non-compliant ratings or advertisements.
11. Breach of Platform policies or transaction terms.

Article 5: Complaint Submission Channels

A complaint is submitted through:

• The complaints center within the Platform.
• The approved email address.
• Customer service.
• Any official channel announced by the Platform.

Communications submitted through unapproved accounts or numbers are not accepted unless confirmed by the Platform.

Article 6: Complaint Contents

A complaint must include:

1. The complainant’s name and contact details.
2. Account and order or transaction number.
3. Name of the other party.
4. A clear description of the event.
5. Date of occurrence or discovery.
6. The remedy or compensation requested.
7. Supporting documents, images, and correspondence.

The Platform may request additional information or proof of the complainant’s identity.

Article 7: Complaint Submission Periods

Complaints shall be submitted within the following periods, unless a special policy provides a different period:

1. Apparent damage or shortage: within twenty-four (24) hours of receipt.
2. Apparent non-conformity: within three (3) business days.
3. Delay or non-delivery: immediately upon expiry of the agreed date.
4. Latent defect: upon discovery and within the warranty period.
5. Payments and fees: within thirty (30) days of the transaction appearing.
6. Other breaches: within thirty (30) days of becoming aware of them.

The right is not lost due to delay if the defect was latent, fraud is established, a legitimate excuse exists, or the law provides a longer period.

Article 8: Registration of the Complaint

The Platform assigns a reference number to the complaint and notifies the complainant of receipt within two (2) business days once the basic information is complete.

Registration of a complaint does not establish its validity or the liability of the respondent.

Article 9: Classification of Complaints

The Platform classifies complaints by nature and severity into:

1. Ordinary complaints.
2. Financial complaints.
3. Technical complaints.
4. Safety-related complaints.
5. Fraud or impersonation complaints.
6. Prohibited or restricted product complaints.
7. Complaints requiring referral to a competent authority.

Priority is given to complaints that threaten the safety of persons, funds, or data.

Article 10: Notice to the Other Party

The Platform notifies the respondent of the substance of the complaint and grants a period not exceeding five (5) business days to respond and submit documents, unless a shorter period is required.

The Platform may decide based on available information if the party fails to respond without a legitimate excuse.

Article 11: Parties’ Obligations during Review

The parties to the dispute undertake to:

1. Provide accurate and complete information.
2. Preserve the Product subject to the dispute.
3. Not alter or destroy evidence.
4. Cooperate in inspection or return.
5. Refrain from abusive or threatening communication.
6. Not publish confidential or personal data.
7. Not take any action that obstructs settlement.

Article 12: Accepted Evidence

Reliance may be placed on:

• Order and account data.
• Invoices and payment receipts.
• Electronic correspondence.
• Images and recordings.
• Shipping and delivery documents.
• Inspection and maintenance reports.
• Serial numbers.
• Platform, payment-provider, and carrier records.
• Any other lawful evidence.

Evidence is assessed according to relevance, integrity, and verifiability.

Article 13: Interim Measures

Where serious grounds exist, the Platform may take one or more of the following measures:

1. Suspend remittance of the disputed amount.
2. Temporarily stop the order or refund.
3. Suspend the advertisement or Product.
4. Restrict the account or store.
5. Prevent disposal of the returned Product.
6. Preserve records and evidence.
7. Request additional verification or inspection.

An interim measure is not a final ruling or an admission of liability.

Article 14: Technical Inspection

The Product or equipment may be referred to an independent expert or technical body where the dispute cannot be resolved from documents alone.

Before inspection, the following shall be specified:

1. Scope of the mandate.
2. The inspection body.
3. Cost.
4. Report due date.
5. The party that initially bears the cost.

The final cost is borne by the party found responsible, unless fairness or agreement requires otherwise.

Article 15: Amicable Settlement

The Platform will seek to settle the dispute through one or more of the following solutions:

1. Completing delivery or remedying shortage.
2. Repairing the Product.
3. Replacing it.
4. Re-performing the Service.
5. Reducing the price.
6. Full or partial refund.
7. Bearing shipping or inspection costs.
8. Extending the warranty.
9. Any other settlement accepted by the parties.

The settlement is documented electronically and becomes binding on the parties after acceptance.

Article 16: Handling Timeframes

The Platform aims to issue a preliminary outcome within seven (7) business days from completion of documents.

Where practicable, the complaint is completed within fifteen (15) business days, and may be extended to thirty (30) business days in technical or complex cases, with notice to the parties of the reason for extension.

These periods do not include delay caused by a party’s non-cooperation or waiting for a technical report or a banking or governmental procedure.

Article 17: Complaint Outcome

The Platform notifies the parties of the complaint outcome, including:

1. A summary of the dispute.
2. The principal documents considered.
3. The operational action taken.
4. Amounts due, if any.
5. Implementation deadline.
6. Right of objection or escalation.

The decision is binding within the scope of Platform use, account management, held funds, and the services it provides.

Article 18: Implementation of Settlement

The relevant party must implement the settlement or operational decision within the specified period.

Upon non-implementation, the Platform may:

1. Deduct the amount from entitlements.
2. Refund the amount from held funds.
3. Suspend the account or store.
4. Lower the Seller’s rating.
5. Restrict use of certain services.
6. Take appropriate legal action.

Article 19: Internal Objection

Either party may object to the outcome within five (5) business days of notice, provided that:

1. The grounds of objection are stated.
2. New evidence is submitted or a material error is shown.
3. Final settlement has not already been accepted.
4. The right of objection is not abused.

Where practicable, the complaint is reviewed by an employee or management level that did not participate in the first decision.

Article 20: Closure of the Complaint

A complaint is closed upon:

1. Acceptance and implementation of the settlement.
2. Issuance of a final internal outcome.
3. Withdrawal by the complainant.
4. Failure to submit required documents.
5. Non-response by the complainant despite notice.
6. Establishment that it is unfounded or repetitive.
7. Referral to a judicial or regulatory authority where internal handling can no longer continue.

Closure does not prevent retention of records or action regarding a separate violation.

Article 21: Malicious and Fraudulent Complaints

A complaint may be refused and action taken against the complainant if it is established that the complainant:

1. Submitted forged information or evidence.
2. Falsely claimed non-receipt.
3. Substituted or deliberately damaged the Product.
4. Used the complaint for extortion.
5. Colluded with other users.
6. Repeated unfounded claims.

The violator bears damages and costs arising from such conduct.

Article 22: Confidentiality and Data Protection

Complaint data is treated as confidential and used only for investigation, settlement, compliance, and protection of rights.

It may be disclosed:

1. To the parties to the dispute to the extent necessary.
2. To experts and service providers.
3. To legal advisors and auditors.
4. To competent governmental and judicial authorities.
5. Where disclosure is required or permitted by law.

Article 23: Non-Retaliation

A Seller or Service Provider may not take retaliatory action against a user who submitted a complaint in good faith.

This does not prevent lawful action where abuse of the complaints system is established.

Article 24: Safety or Legal-Violation Complaints

Where an unsafe, prohibited, counterfeit, or fraud-related Product is suspected, the Platform may:

1. Immediately stop its listing and circulation.
2. Notify affected users.
3. Suspend amounts and accounts.
4. Request product withdrawal or return.
5. Preserve evidence.
6. Refer the matter to the competent authority.

These measures do not depend on completion of settlement between the transaction parties.

Article 25: External Forums

If the dispute cannot be resolved internally, the affected party may resort to:

1. The competent governmental or regulatory authority.
2. A consumer protection body.
3. The payment provider or bank.
4. The insurer or shipping company.
5. Arbitration, where a written agreement exists.
6. The competent court.

Platform procedures do not prevent any party from exercising a legal right that may not be waived.

Article 26: Arbitration

The parties may agree in writing to refer the dispute to arbitration, specifying:

1. Seat of arbitration.
2. Number of arbitrators and method of appointment.
3. Applicable rules and procedures.
4. Language.
5. Governing law.
6. Allocation of fees and costs.

The mere existence of this Policy does not constitute a binding arbitration agreement unless expressly stated in the terms or a special contract.

Article 27: International Transactions

In cross-border disputes, regard shall be had to:

1. The special transaction contract.
2. The agreed governing law.
3. Trade and delivery terms.
4. Court or arbitral jurisdiction.
5. Customs and banking rules.
6. Mandatory laws of the relevant countries.

The Platform retains authority to take operational measures relating to the accounts, services, and funds it administers.

Article 28: Governing Law and Jurisdiction

This Policy is governed by the laws of the Republic of Sudan.

Disputes shall be settled amicably within thirty (30) days from the date of written notice. If that is not possible, the competent Sudanese courts shall have jurisdiction, unless there is a valid written agreement on arbitration or another legally permitted jurisdiction.

Article 29: Record Retention

The Platform retains complaint records, decisions, correspondence, and documents for the period needed for legal, accounting, security, and anti-fraud purposes.

Data may be anonymized or deleted after the legitimate purpose of retention has ended.

Article 30: Amendment of the Policy

The Platform may amend this Policy for legal or operational reasons. Amendments will be published with their effective date.

An amendment does not affect a settlement already accepted, unless otherwise required by law.

Article 31: Contact Details

Complaints and objections should be submitted to:

Kush Integrated Solutions Co. Ltd.
Kush One Platform

• Complaints Center: ____________________________
• Email: _______________________
• Phone: ______________________________
• Registered Address: __________________________
• Complaint Reception Hours: __________________

A unified electronic complaint form, numbering and tracking system, processing and escalation timeline matrix, and list of staff authorized to suspend payments and accounts should be established.