Terms and Conditions
Welcome to www.jengahost.com
This document is a legally binding agreement between you as the user(s) of the Jenga Host (referred to as “you”, “your” or “User” hereinafter) and www.jengahost.com
PART 1: APPLICATION AND ACCEPTANCE OF TERMS
- Before you use the products or services of the Jenga Host Limited platform, please read carefully and understand this document and use the relevant products or services after full understanding and approval. Once using the products or services of the Jenga Host Limited platform, you have fully understood and agree to this document. If you have any questions or suggestions about this document, please contact us at email@example.com
- This document and such other rules and policies of Jenga Host Limited are collectively referred to below as the “Terms”. By accessing www.jengahost.com or using the products or services, you agree to accept and be bound by the Terms. Please stop to use the products or services of Jenga Host Limited if you do not accept all the Terms.
PART 2: DEFINITION
- Jenga Host Limited Platform:
- Jenga Host Limited Platform Service Provider:
It refers to the network and software technology service provider of the Jenga Host Limited platform.
- Jenga Host Limited Platform Rules:
All the rules, announcements etc. that have been released and subsequently released in Jenga Host Limited platform.
- Associated Company:
It refers to the related enterprises directly or indirectly controlled by and in collaboration with Jenga Host Limited.
PART 3: SCOPE OF AGREEMENT
- Contract Party:
This Terms is jointly concluded by you and Jenga Host Limited. It has the same validity of contract on you and Jenga Host Limited.
- Additional Agreements:
PART 4: MEMBER ACCOUNTS
- You may not use the services and may not accept the Terms if:
- you are not of legal age to form a binding contract with www.jengahost.com, or
- you are not permitted to receive any services under the laws of your local or other countries/regions
- User must be registered on www.jengahost.com to access or use some services (a registered User is also referred to as a “Member” below). As a condition of your access to and use of Jenga Host Limited platform, you agree that you will comply with all applicable laws and regulations when using Jenga Host Limited platform.
- A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify Jenga Host Limited immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
- Account Transfer:
Since the user account is or may be associated with the user's credit information, you can transfer the account only if there is a relevant law and regulation, a judicial ruling or the consent of Jenga Host Limited. At the same time, it should be in accordance with the account transfer process stipulated by Jenga Host Limited Platform Rules. Once your account has been transferred, the rights and obligations under the account will be transferred. Besides, your account may not be transferred in any way, otherwise Jenga Host Limited has the right to pursue your breach of the Terms and all responsibility arising therefrom is borne by you.
- Real Name Certification:
In order to make better use of the services of Jenga Host Limited platform and protect your account safety, you are required to complete the real-name certification in accordance with our local laws and regulations.
- Registration Information Management:
- Members will be required to provide information or material about your entity, business or products/services as part of the registration process on Jenga Host Limited platform or your use of any service or the member account. Each Member represents, warrants and agrees that:
- such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of www.jengahost.com or the service is true, accurate, current and complete, and;
- you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
- Jenga Host Limited reserves the right in our sole discretion to remove, modify or reject any user content that you submit to, post or display on Jenga Host Limited platform which we reasonably believe is unlawful, violates the Terms, could subject Jenga Host Limited or our associated companies to liability, or is otherwise found inappropriate in Jenga Host Limited’s opinion. If any Member breaches any Terms, or if Jenga Host Limited has reasonable grounds to believe that a Member is in breach of any Terms, Jenga Host Limited shall have the right to impose limitations on, suspend or terminate the Member’s use of www.jengahost.com or the service without being liable to the Member. Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
- Jenga Host Limited failed to contact you according to the latest contact information you provided;
- Jenga Host Limited has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading;
- Jenga Host Limited believes that the Member’s actions may cause financial loss or legal liability to Jenga Host Limited or our associated companies or any other Users.
- The account username you set must not violate the corresponding local laws and regulations and Jenga Host Limited Platform Rules. Otherwise, Jenga Host Limited can reclaim your username and make corresponding processing according to Jenga Host Limited Platform Rules.
- Account Safety
- Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify Jenga Host Limited immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account. Member acknowledges that sharing of your account with other persons or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to Jenga Host Limited or other users of www.jengahost.com. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Jenga Host Limited shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
- Except that Jenga Host Limited is at fault, you shall be responsible for the results of all actions under your account (including but not limited to signing various agreements online, issuing information, inquiring/quoting, purchasing products, ordering services and disclosing information, etc.)
PART 5: PROVISION OF SERVICES
You have the right to enjoy various foreign trade and other services provided by Jenga Host Limited on the Jenga Host Limited platform. Jenga Host Limited provides a wide range of services. You can login for more information.
- Account Management
- By creating an account on Jenga Host Limited platform (identities are divided into buyers, sellers and design service providers), you can publish the supply and demand information of various products and/or services and make deals with other users.
- Due to the indivisibility of the account, the account transfer is the transfer of the operator's account. For the relevant requirements and restrictions of the Member's account transfer, please apply the terms of Part 4 (B) (Account Transfer)
- If you shut down your account for a short time by taking all the products offline, you shall continue to be responsible for the delivery, dispute and complaint handling of the deals concluded before the closure of your store.
- Member’s Authorities and Responsibilities
- With the services provided by Jenga Host Limited, you have the right to publish product and/or service information in forms of texts, images and etc. on the Jenga Host Limited platform, make an offer and make deals with other users.
- Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall: • Not infringe on the intellectual property rights or other legal rights of others;
- Not violate the Terms or any applicable Additional Agreements;
- Not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
- Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of www.jengahost.com or services, including, without limitation to terms regarding payment, returns and cancellations, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
- Inquiry, Procurement and Comment of Products and/or Services
- When you make an inquiry, purchase product and/or service on Jenga Host Limited platform, please carefully confirm the important information; such as the product name, price, quantity, model, specification, size or service time, content, restrictive requirements etc.
- You fully understand and agree that Jenga Host Limited is a one-stop B2B internet platform which bridges supply, procurement and transactions for the whole industrial chain of global real estate, engineering, construction materials and design. Therefore, your inquiry and purchase shall be based on true trade requirement and shall not involve malicious inquiry, purchase or malicious rights protection of products and/or services, which may disturb normal trade order of Jenga Host Limited. Based on the need to maintain the trading order and transaction security of Jenga Host Limited platform, we can take the initiative to close the related transaction order when the above situation is discovered.
- You have the right to comment on other users' products and/or services that have concluded a deal with you in the review, comment and ratings system provided by Jenga Host Limited. All of your comments should comply with the relevant Jenga Host Limited Platform Rules. The comment content should be objective and truthful. It should not contain contents that is:
- defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. You should not improperly help others to enhance their credit or use your comment rights to threaten or extort other users. Jenga Host Limited may delete or block the comment generated by your implementation of the above actions in accordance with the Jenga Host Limited Platform Rules.
- Transaction Dispute Resolution
- You can conclude transactions with other users through the trading methods supported by Jenga Host Limited. At the same time, you should comply with the corresponding transaction and payment rules of Jenga Host Limited. You understand and agree that Jenga Host Limited is only a platform for users to find business opportunities, negotiate and make deals with other users. Jenga Host Limited will not participate in transactions between users, nor will we involve legal relations and disputes arising from transactions between users.
- If you have transaction disputes with other users on Jenga Host Limited, either you or any other user has the right to choose the following solutions:
- Negotiating with the disputed party directly;
- Using the dispute mediation service provided by Jenga Host Limited;
- Complain to the relevant administrative department;
- Submitting an arbitration agreement (if any) to the arbitral institution for arbitration;
- Filing a lawsuit in the local court of law.
- If you use the dispute mediation service of Jenga Host Limited in accordance with Jenga Host Limited Platform Rules, you acknowledge and are willing to perform the mediation decision of Jenga Host Limited customer service (as an individual third party) based on the disputed facts and Jenga Host Limited Platform Rules (including adjusting the trading status of the relevant orders, determine to pay all or part of the disputed amount to one or both parties to the transaction, execute the corresponding margin payment, etc.) Before Jenga Host Limited's mediation decision is made, you may choose the above alternative dispute resolution and terminate the dispute mediation service provided by Jenga Host Limited. If you are not satisfied with the mediation decision, you shall still have the right to settle the dispute through other means of dispute resolution. But before the final decision is reached through other dispute resolution channels, you shall still carry out the mediation decision made by Jenga Host Limited.
PART 6: CHARGE
- Jenga Host Limited invest a lot in the services provided for you. In addition to the fee-based services explicitly stated on Jenga Host Limited platform, the services provided by Jenga Host Limited are charged on a case-by-case basis and we take reasonable steps and notify you in advance through statutory procedures before the fee is implemented to ensure that you have the right to choose.
- You are responsible for all taxable charges incurred by you for trading, obtaining paid services from Jenga Host Limited platform or accessing Jenga Host Limited servers, as well as related hardware, software, communications, network services, and other expenses.
PART 7: LIMITATION OF LIABILITY
Under no circumstances shall www.jengahost.com be held liable for any delay or failure or disruption of the content or services delivered through Jenga Host Limited resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
To the maximum extent permitted by law, Jenga Host Limited makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through Jenga Host Limited.
Jenga Host Limited does not represent or warrant that the manufacture, import, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on Jenga Host Limited platform does not violate any third-party rights.
And Jenga Host Limited makes no representations or warranties of any kind concerning any product or service offered or displayed on Jenga Host Limited platform.
You understand and agree that in the dispute mediation service, the customer service of Jenga Host Limited is not a professional. We can only judge the credentials submitted by users based on the recognition of ordinary people. Jenga Host Limited does not guarantee that the mediation decision will absolutely meet your expectations. Except for intentional or gross negligence, Jenga Host Limited is exempt from the mediation decision.
PART 8: USER INFORMATION PROTECTION AND AUTHORIZATION
Your trust is very important to us. We recognize the importance of privacy as well as the importance of maintaining the confidentiality of personal information. We will take appropriate security measures as required by laws and regulations and try our best to protect your personal information.
Each Member represents, warrants and agrees that you have the appropriate and legal rights to the information you post. Otherwise, Jenga Host Limited may delete or block the information you post in accordance with the law or with this agreement.
Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
- Be true, accurate, complete and lawful;
- Not be false, misleading or deceptive;
- Not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- Not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Not violate the Terms or any applicable Additional Agreements;
- Not violate any applicable laws and regulations (including and without limitation to those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
- Not contain any link directly or indirectly to any other websites which includes any content that may violate these Terms.
By posting or displaying any information, content or material on Jenga Host Limited platform or providing any user content to Jenga Host Limited, and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free and sub-licensable (through multiple tiers) license to Jenga Host Limited to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the user content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the platform, the provision of any services and/or the business of the User.
You confirm and warrant to Jenga Host Limited that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
PART 9: BREACHES BY MEMBERS
- Without limiting the generality of the provisions of these Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
- suspending or terminating the Member’s account and any accounts determined to be related to such account by Jenga Host Limited in its discretion;
- restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any service;
- removing any product listings or other user content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or user content that the Member may post or display;
- imposing other restrictions on the Member’s use of any features or functions of any service as Jenga Host Limited may consider appropriate in its sole discretion;
- any other corrective actions, discipline or penalties as Jenga Host Limited may deem necessary or appropriate in its sole discretion.
- Each Member agrees to indemnify Jenga Host Limited, our associated companies, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any user content, from your use of the platform or services, or from your breach of the Terms.
- If you provide benefits such as physical, cash, cash equivalents, services, travel, etc. to employees or consultants of Jenga Host Limited and/or its associated companies that are significantly beyond the scope of normal business negotiations, you may be deemed to have a commercial bribery. In the above circumstances, Jenga Host Limited can handle the corresponding rules according to Jenga Host Limited Platform Rules and immediately terminate all cooperation with you. At the same time, Jenga Host Limited will collect liquidated damages and/or compensation from you. These amounts are based on the economic loss and loss of goodwill suffered by Jenga Host Limited due to your bribery.
- If you are in serious breach of this agreement, for the purpose of maintaining the order of the platform and protecting the lawful rights and interests of other users, Jenga Host Limited and/or its associated companies may suspend or terminate their cooperation with you under other agreements and notify you in an effective manner as agreed herein.
- If it is expressly agreed in the agreements signed by you and Jenga Host Limited that you will be associated with this agreement, Jenga Host Limited, for the purpose of maintaining the order of the platform and protecting the lawful rights and interests of other users, may suspend or even terminate this agreement upon receipt of instructions and notify you in an effective manner as agreed herein.
PART 10: CHANGES TO THESE TERMS
- If you do not agree to the change, you have the right to contact Jenga Host Limited for feedback before the effective date of the change. If feedback is considered, Jenga Host Limited will adjust the change as appropriate. If you still disagree with a change that has been effected, you should stop using the Jenga Host Limited services as of the date on which the change is determined and the change will not have effect on you.
- If you continue to use the Jenga Host Limited service after the change has taken effect, you agree to the change that has taken effect.
PART 11: EFFECTIVE NOTICE
When you register as a Jenga Host Limited platform user and accept the Jenga Host Limited service, you should provide Jenga Host Limited with valid and effective contact information (including your email address, contact telephone or mobile phone number, contact postal address, etc.)
You are obligated to update your contact information and maintain a status that can be effectively contacted.
The member account (including the sub-account) that you generate when you register as a Jenga Host Limited platform user for receiving instant messages, system messages, etc., also serves as your effective contact information.
Jenga Host Limited will send you various notices to one or some of the above contact ways and the content of such notices may have a significant beneficial or adverse impact on your rights and obligations. Please be sure to pay timely attention to them.
You have the right to obtain commercial information such as product/service advertising information and promotional offers that you are interested in through the mobile phone number or email address you filled in when you registered. If you do not wish to receive such information, you have the right to unsubscribe from Jenga Host Limited platform.
You agree that all agreements, notices, demands, disclosures and other communications that Jenga Host Limited sends to you electronically satisfy the legal requirement that such communication should be in writing.
PART 12: TERMINATION OF THE AGREEMENT
- You have the right to terminate this agreement by either means:
- When you meet the account cancellation conditions required by the Jenga Host Limited platform, you can destroy your account through the website self-service;
- When you stop using the Jenga Host Limited service and express your unwillingness to accept the change of Terms and other agreements before the changes have taken effect;
- When you express your unwillingness to continue to use the Jenga Host Limited service and meet the termination conditions required by the Jenga Host Limited platform.
- Upon termination of this Agreement, Jenga Host Limited shall not be obligated to disclose any information in your account to you or to a third party designated by you, except as expressly provided by law. Upon termination of this Agreement, Jenga Host Limited still has the following rights:
- Continue to save all types of information listed in Part 8 of this Agreement that you have retained on Jenga Host Limited platform;
- For your past breach of contract, Jenga Host Limited can still hold you liable for breach of contract in accordance with this agreement.
- Upon the termination of this Agreement, for the trading order that you generated before termination of this Agreement, Jenga Host Limited may notify the opposite party of the transaction and decide whether to close the trading order according to the will of the counter-party of the transaction; if the counter-party of the transaction requests to continue to perform, you shall continue to perform the agreement of this Agreement and the transaction order for such trading orders, bearing any loss or any additional costs arising therefrom.
PART 13: HYPERLINKS
Jenga Host Limited may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites.
You are cautioned to read such websites' terms and conditions and/or privacy policies before using the sites. You acknowledge that Jenga Host Limited has no control over such third parties' websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites.
PART 14: GENERAL PROVISIONS
- The validity, interpretation, alteration, enforcement and dispute resolution of this Agreement shall be governed by the Constitution and the Laws of Kenya and if there is no relevant law, reference shall be made to commercial practices and/or industry practices.
- Jenga Host Limited and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
- Jenga Host Limited shall have the right to assign the Terms (including all our rights, titles, benefits, interests, duties and obligations in the Terms to any person or entity (including any associated companies of Jenga Host Limited). You may not assign, in whole or part, the Terms to any person or entity.
- Any dispute arising out of or relating to this Agreement or the Jenga Host Limited Service shall be resolved between Jenga Host Limited and you. When the negotiation fails, either party may file a lawsuit in the local court of law where the defendant is located.
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Jenga Host Limited’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Jenga Host Limited’s right to act with respect to subsequent or similar breaches. If you have any comments on the services that we provide to you, you may contact our customer service support line with any such feedback or questions.