2. Our Service
You acknowledge and agree that:
2.2 OneKyat Coins
If you choose to purchase OneKyat Coins, the following additional terms and conditions as set out in this Section 2.2 apply to you. You are advised to read these additional terms and conditions carefully.
A. General Terms
a. OneKyat Coins is a pre-payment only for the goods and services offered by OneKyat and/or its subsidiaries through the website at www.onekyat.com, and all related domains and sub-domains, as may be amended or updated by us from time to time and/or the OneKyat mobile applications software, including all its features and content and the services that OneKyat makes available on or through it, and any and all updates, upgrades, supplements, enhancements and releases thereto as may be provided by us from time to time (collectively, the “Platforms”). OneKyat reserves the right to:
b. OneKyat Coins can only be used in Myanmar.
c. OneKyat Coins are only valid for one (1) year from the date of their purchase and/or date of credit into your Account (whichever is the later), unless otherwise stated in the relevant terms and conditions at the point of purchase and/or allocation (the “OKC Validity Period”). The expiry date set out in your Account shall serve as conclusive evidence of the expiry date of your OneKyat Coins. Thereafter, the OneKyat Coins shall be deemed expired and will be cancelled immediately and without further notice. OneKyat reserves the right to deal with the expired OneKyat Coins in such manner as it deems fit in its absolute discretion and may at its discretion from time to time vary the OKC Validity Period. You hereby agree that you will have no claim whatsoever against OneKyat for any expired OneKyat Coins. For the avoidance of doubt, any such expired OneKyat Coins are non-refundable.
e. OneKyat reserves the right to correct the balance of your OneKyat Coins if we believe that an error, including clerical error, has occurred. OneKyat may also, in its discretion, allocate OneKyat Coins to you at no cost to you (“Free OneKyat Coins”), subject to any additional terms and conditions. OneKyat reserves the right to withdraw, amend and/or alter any part of or the whole terms and conditions of such Free Carousell Coins, at any time without giving prior notice or compensation in cash or in kind.
f. You are responsible for all purchases using your OneKyat Coins, including unauthorised transactions.
2.3 Fees and Payments
Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees, listing fees, charged for the OneKyat Coins you may purchase and/or fees and charges otherwise in relation to your Account or listing (collectively, the “OneKyat Fees”).
You may pay your OneKyat Fees by way of a bank transfer. You may also pay your OneKyat Fees through any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
You acknowledge and agree that:
You would need to have an account with OneKyat (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party.
Unless expressly permitted by Carousell and subject to these Terms and any other additional terms as Carousell determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses in managing your ad(s), whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
5. OneKyat is a Venue
The Services provide a venue for users to interact with each other, and to buy and sell items. OneKyat does not pre-screen a user or the Content (as defined below) provided by a user, nor is OneKyat directly involved in transactions between users. Consequently, OneKyat has no control over, and you agree that OneKyat is not responsible or liable for, any of the following:
The Services allow users to create listings and share content, such as information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content").
You agree that all Content, publicly or privately provided, shall be the sole responsibility of the person providing the Content and/or the person whose user account is used. You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
By providing any Content to our OneKyat, you:
Without limitation to the foregoing, OneKyat shall have the right to remove Content, without liability and/or the obligation to offer a refund, in any of the following events:
7. Selling and Buying on OneKyat Platforms
In using the Services to create a listing and offer an item for sale, post a job opening and/or offer a service (as the case may be), you agree to comply with the following:
All offers made and accepted through the Services are binding.
If you are a seller who has accepted a buyer’s offer for an item
If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you cannot authenticate the seller’s identity.
In communicating with a user through the Services for the offering of or acceptance of a job listing and/or services or purchase or sale of an item (each, a “Transaction” or collectively, the “Transactions”), you may obtain personal information of that user, such as their email address, phone number and mailing address.
Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
Notwithstanding the foregoing, as OneKyat is not involved in Transactions which are considered solely between users, OneKyat cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.
8. Disputed Transactions
If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to OneKyat, OneKyat will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release OneKyat from any claims, demands and damage arising out of your disputes with users of our Services.
OneKyat reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as OneKyat deems appropriate.
11. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF ONEKYAT AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFO
OneKyat does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and OneKyat’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). OneKyat is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from OneKyat or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that OneKyat has no obligation to support or maintain the Services.
OneKyat disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. OneKyat is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.
In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. OneKyat does not accept any responsibility in connection with your participation in activities conducted by any other party. Representations made regarding products and services provided by such third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with such third parties.
OneKyat does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that OneKyat and its holding company, subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
12. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ONEKYAT, ITS HOLDING COMPANY, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF AND/OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ONEKYAT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ONEKYAT’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY ONEKYAT IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF BURMESE KYAT THEN STANDING TO THE ONEKYAT COINS IN YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Reservation of Rights
14. Reporting unauthorised Content
OneKyat respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please report the same to us via our Facebook page - https://www.facebook.com/onekyat/.
OneKyay reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
15. Suspension and Termination
You may deactivate your Account at any time by contacting us at our Facebook page - https://www.facebook.com/onekyat/. Your indication at the subject header would assist us in attending to your email speedily by passing it on to the relevant staff in our organisation. For example, you could insert the subject header as "Account Deactivation".
OneKyat reserves the right to, at its sole discretion, and without liability:
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.
Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
13. Applicable Law
B. CLASSIFIED ADS POSTING
1. Duplicate/Multiple Ads
Duplicate ads in one category are not allowed, as well as same ads in multiple categories or regions. The ad has to be placed in the category that describes the item or service the best (the ad will be moved to the right category where possible). Goods and services that do not fit in the same category must be placed in separate ads. "For sale" ads have to be placed under "For sale" and "Looking for" ads under "Looking to buy". "For rent" and "Wanted to rent" are available under certain categories. In other categories, "For Rent" ads should be placed under "For Sale" and wanted to rent-ads under "Looking for".
2. Original Goods Only
All items should be certified original by the advertiser. No stolen and pirated goods and forgeries of branded products are allowed for all categories on our Platforms.
3. Illegal And Prohibited Goods And Services
Items and services that are considered illegal and prohibited should not be posted on our Platforms.
Images in the ad have to be relevant to the item or service advertised. Company logo-types are prohibited as images, except for categories "Services", "Jobs," and "Businesses for Sale". It is not allowed to use images from other advertisers without consent as these are protected under copyright laws. By uploading images to OneKyat, you warrant that you have the necessary copyrights over the images. You also further consent to the use by OneKyat of the same images in their promotional and advertising material, both on and off the OneKyat.
5. Ad Heading/Text Fields
Unnecessary characters, SMS abbreviations, URLs, and links to other websites are not allowed anywhere in the ad heading and ad text fields.
6. Offensive Materials/Language
All ads and images should not contain any materials that are considered offensive to religions, ethnic groups, individuals, companies, or public figures including models wearing swimsuits or underwear.
Last updated on 22 June 2020