Terms of Use

General Terms of Use – Kush One Platform

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

Article 1: Definitions

For the purposes of these Terms, the following words shall have the meanings set out opposite each of them:

1. Company: Kush Integrated Solutions Co. Ltd.
2. Platform: The Kush One platform, including its website, applications, and digital services.
3. User: Any natural or legal person who uses the Platform in any capacity.
4. Seller: A User who offers or sells a product or provides a service through the Platform.
5. Buyer: A User who requests or purchases a product or service through the Platform.
6. Product: Any goods, machinery, equipment, materials, or consumables offered through the Platform.
7. Service: Any service offered through the Platform, including shipping, installation, maintenance, and supply.
8. Content: All texts, images, data, specifications, reviews, and advertisements published on the Platform.

Article 2: Acceptance and Binding Effect

A User’s registration, access to the Platform, or use of any of its services constitutes express acceptance of these Terms and the related policies.

If a person uses the Platform on behalf of a company or organization, that person represents that they have legal authority to bind such entity to these Terms.

The Platform may not be used by any person who lacks the legal capacity required to enter into transactions.

Article 3: Nature of the Platform

As a general rule, Kush One operates as an intermediary electronic marketplace that enables Sellers and Buyers to list products and services, communicate, and conclude transactions.

The Platform is not a seller, buyer, manufacturer, importer, agent, or guarantor of the products listed, except where it expressly states that it is the seller or service provider in a specific transaction.

The contract of sale or supply is formed directly between the Seller and the Buyer, and each party bears its own legal and contractual obligations.

Article 4: Scope of Services

The Platform’s services may include:

1. Creating and managing accounts and stores.
2. Listing products, services, and advertisements.
3. Search, comparison, and request for quotations.
4. Order management and communication between Users.
5. Facilitating payment and collection through licensed providers.
6. Connecting Users to shipping, warehousing, installation, and maintenance services.
7. Managing complaints, ratings, and amicable settlements.
8. Providing paid advertising and marketing services.

The Platform may add, modify, or suspend any service in accordance with operational and legal requirements.

Article 5: Registration and Accounts

The User undertakes to provide accurate, complete, and up-to-date information, to keep login credentials confidential, and not to allow any third party to use their account.

The User is responsible for all activities carried out through their account and must notify the Platform immediately upon loss of login credentials or any suspected unauthorized use.

Creating fictitious or multiple accounts for the purpose of fraud or impersonation is prohibited.

Article 6: Identity and License Verification

The Platform may request any documents required to verify the User’s identity and legal capacity, including:

• Proof of identity.
• Company registration certificate or trade name documentation.
• Tax or commercial registration number.
• Professional or sectoral licenses.
• Bank account details.
• Ownership, agency, or distribution documents.

Acceptance of documents does not constitute a continuing warranty of their validity. The User remains responsible for such documents and for keeping them current.

Article 7: Seller Obligations

The Seller undertakes to:

1. Offer lawful products and services that the Seller owns or is legally authorized to sell.
2. Provide accurate, non-misleading descriptions, images, specifications, and prices.
3. Clearly state the condition of the Product, whether new, used, or refurbished.
4. Disclose defects, restrictions, country of origin, and warranty, where applicable.
5. Fulfill orders within the agreed timelines and terms.
6. Issue invoices, warranties, and required documents.
7. Comply with taxes, fees, and licenses relating to their business.
8. Provide any after-sales services they have undertaken to provide.
9. Not divert transactions off the Platform for the purpose of avoiding applicable fees.

The Seller alone is responsible for the quality, safety, and conformity of the Product to the stated specifications.

Article 8: Buyer Obligations

The Buyer undertakes to:

1. Provide accurate payment, contact, and delivery information.
2. Review the Product specifications and sale terms before completing an order.
3. Verify the suitability of the Product for the intended purpose.
4. Pay the price and applicable fees when due.
5. Obtain any licenses required for import or use, where applicable.
6. Inspect the Product upon receipt and report any discrepancy within the specified period.
7. Use equipment in accordance with operating and safety instructions.

Article 9: Advertisements and Product Content

Advertisement content must be clear, accurate, and consistent with the actual Product or Service.

It is prohibited to publish Content that is:

• False or misleading.
• Infringing intellectual property rights.
• Contrary to public morals or the law.
• Containing unsubstantiated health or technical claims.
• Including contact details intended to circumvent the Platform’s systems.
• Defamatory of others or in breach of their privacy.

The Platform may review, make formal edits to, reject, or remove Content without assuming responsibility for full technical verification of its accuracy.

Article 10: Prohibited Products and Activities

It is prohibited to offer, sell, or purchase:

1. Unlawful, stolen, or untraceable products.
2. Counterfeit products or products that infringe trademarks or copyright.
3. Weapons, ammunition, explosives, and prohibited materials.
4. Narcotics, psychotropic substances, and materials used unlawfully.
5. Toxic, hazardous, or radioactive materials without a license.
6. Restricted medicines and medical products without the required approvals.
7. Expired products or products that do not meet applicable specifications.
8. Official documents or personal data subject to unlawful trafficking.
9. Goods subject to a commercial or customs ban or restriction.
10. Any product or service prohibited by law or Platform policies.

This list is indicative and non-exhaustive. The Platform may add further products or services to the prohibition or restriction list.

Article 11: Restricted Products

The Platform may require prior approval and additional documentation to list regulated products, including:

• Medical equipment and consumables.
• Chemical substances.
• Safety and security equipment.
• Veterinary products.
• Used or refurbished equipment.
• Imported products subject to special licenses.

The Platform may refuse or suspend a listing where the requirements are incomplete.

Article 12: Prices and Quotations

The Seller must clearly display the price, currency, taxes, fees, and additional costs, or state that the Product is subject to a request for quotation.

Displayed prices do not include shipping, insurance, installation, or customs duties unless expressly stated.

A request for quotation is not binding on either party until approved or accepted in writing through the Platform or by the agreed means.

Article 13: Formation of Transactions

Unless otherwise stated, a Product listing constitutes an invitation for the Buyer to submit a purchase order.

The Buyer’s order constitutes an offer. A transaction is formed only upon the Seller’s acceptance of the order or issuance of a final confirmation through the system.

An order may be rejected or cancelled before acceptance due to unavailability, pricing error, suspected irregularity, or inability to perform.

Article 14: Payments and Fees

Where available, payment and collection services are processed through licensed banks or payment providers.

Kush One does not provide independent banking services and does not guarantee the continued availability of any payment method or the acceptance of all cards or accounts.

The User authorizes the Platform to deduct commissions, fees, and amounts due to it in accordance with the published fee schedule.

Fund transfers may be suspended where a complaint exists, or where fraud or a legal violation is suspected.

Article 15: Commissions and Paid Services

The Platform may charge:

• A commission on completed transactions.
• Subscription or registration fees.
• Listing or advertising promotion fees.
• Fees for additional services.
• Published administrative or operational fees.

Fee amounts and calculation methods are set out in a separate schedule. Fees for services already performed are non-refundable, except as required by law or under the applicable refund policy.

Article 16: Shipping and Delivery

Responsibility for shipping and delivery is determined under the terms of each transaction.

Shipping services may be performed by the Seller, an independent company, or a party contracted with the Platform. The Platform is not liable for an independent service provider except to the extent of an express undertaking issued by the Platform.

The Buyer must inspect the shipment upon receipt and document any apparent damage or shortage before accepting it, where reasonably practicable.

Risk in and title to the Product pass in accordance with the delivery terms agreed between the Seller and the Buyer.

Article 17: Cancellation, Replacement, and Refunds

Cancellations, replacements, and refunds are subject to the Seller’s published terms and the Platform’s policy, without prejudice to mandatory rights provided by law.

The Buyer may request a remedy where:

• The Product is not delivered.
• It differs materially from its description.
• There is a proven shortage, damage, or defect.
• The transaction is shown to be unlawful.

Custom-made products, products specially imported, or products whose preparation has commenced may not be cancelled except with the Seller’s consent or where a material breach exists.

Article 18: Ratings and Reviews

Ratings must reflect a genuine experience. Fake, paid, abusive, or extortionate reviews are prohibited.

The Platform may remove non-compliant reviews and is not responsible for legitimate personal opinions published by Users.

Article 19: Paid Advertising and Ranking of Results

The Platform may offer advertisements or promoted results for a fee, and shall identify them by an appropriate means where required.

Promoting a Seller or granting a verification badge does not constitute any warranty of product quality or of the Seller’s performance of its obligations.

Search results may be ranked by relevance, availability, quality, ratings, location, price, paid services, and other operational criteria.

Article 20: Intellectual Property

All rights in the Platform, its software, designs, trademarks, and databases belong to the Company or its licensors.

They may not be copied, modified, reused, scraped, or used to create derivative works without written consent.

The User grants the Platform a non-exclusive license to use Content published by the User to the extent necessary to display, market, and operate the services.

Article 21: Data Protection

The Platform collects and processes User data in accordance with the Privacy Policy and for the purposes of registration, verification, transaction execution, service improvement, and legal compliance.

The Platform takes reasonable technical and organizational measures to protect data, without guaranteeing absolute protection against all cyber risks.

The User must not collect or use another User’s data outside the legitimate purpose of the transaction.

Article 22: Anti-Fraud and Unlawful Use

Use of the Platform for fraud, money laundering, financing of unlawful activities, document forgery, or concealment of the true source of funds or products is prohibited.

The Platform may request additional information, suspend orders or funds, and notify the competent authorities where required or permitted by law.

Article 23: Suspension and Account Closure

The Platform may, after notice or without notice where necessary, suspend, restrict, or close an account if:

1. The User breaches these Terms or the law.
2. The User provides inaccurate information or documents.
3. The User exposes the Platform or other Users to risk or harm.
4. Serious complaints against the User are repeated.
5. Fraud or misuse is suspected.
6. The User fails to pay amounts due.
7. A competent authority requests such action.

Account closure does not extinguish prior financial or legal obligations.

Article 24: User-Initiated Account Closure

A User may request closure of their account after settling outstanding orders, disputes, and fees.

The Platform may retain records that must be kept for legal, accounting, and security purposes after account closure.

Article 25: Limitation of Liability

The Platform provides its services on an as-available basis and does not warrant:

• Uninterrupted continuity of service.
• Freedom from all errors or technical risks.
• Accuracy of all Seller Content.
• Completion of every transaction or achievement of specific Seller sales.
• The solvency of Users or their performance of obligations.

To the extent permitted by law, the Platform is not liable for indirect losses, loss of profits, or business interruption arising from use of the Platform or from a User’s dealings with another party.

No exclusion applies to liability that may not be excluded by law, or that arises from proven fraud or gross negligence by the Platform.

Article 26: Indemnity

The User undertakes to indemnify the Company against damages, claims, and costs arising from:

• Breach of these Terms or the law.
• Infringement of third-party rights.
• Products or services offered or sold by the User.
• Information or Content published by the User.
• Taxes, fees, and obligations relating to the User’s business.

This is without prejudice to the Platform’s right to take any other legal action.

Article 27: Force Majeure

Neither party is liable for delay or non-performance resulting from circumstances beyond its reasonable control, including war, unrest, disasters, communications or power outages, governmental decisions, or failure of financial systems.

The affected party must take reasonable measures to mitigate the effects and resume performance when the circumstance ceases.

Article 28: Complaints and Dispute Resolution

Complaints shall be submitted through the approved channels, accompanied by supporting documents, within the period specified in the Complaints Policy.

The Platform will seek amicable settlement of disputes and may request information, suspend amounts, or propose a settlement.

These procedures do not make the Platform an arbitrator, court, or guarantor of the performance of the parties’ obligations.

Article 29: Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with 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 the parties agree in writing to arbitration or another legal mechanism.

Article 30: International Transactions

Users engaging in cross-border transactions must comply with the export, import, customs, tax, standards, and trade restriction laws of the relevant countries.

The parties to the transaction are responsible for determining delivery, shipping, insurance, customs, currency, and governing law terms in international supply contracts.

The Platform may refuse any transaction that violates applicable international laws or restrictions.

Article 31: Amendment of Terms

The Platform may amend these Terms where legally or operationally required. Amendments will be published with their effective date.

Continued use of the Platform after an amendment takes effect constitutes acceptance of it. Material amendments will be notified by an appropriate means.

Article 32: Notices and Correspondence

Notices and messages sent through the account, registered email, or registered phone number are valid and effective unless proven otherwise.

The User must keep their contact details up to date.

Article 33: Severability and No Waiver

If any provision of these Terms is held invalid, the remaining provisions shall remain valid and enforceable to the extent permitted by law.

Delay by the Platform in exercising any right shall not constitute a waiver of that right.

Article 34: Language

These Terms are drafted in Arabic, and a translation may be provided. In the event of conflict, the Arabic version shall prevail, unless otherwise required by law.

Article 35: Contact Details

Kush Integrated Solutions Co. Ltd.

• Registered Address: __________________________
• Email: _______________________
• Phone: ______________________________
• Registration Number: _____________________________
• Complaints Channel: ____________________________