Introduction

By accessing or using our Website located at www.kainene.com (“Website”) in any way or taking any action to show your affirmative acceptance of this Agreement, account registration process, you hereby signify that:

1. You have read, understood, and agreed to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at www.kainene.com
2. You are of legal age in the jurisdiction in which you reside to form a binding contract with Kainene Fashion Tech. Limited and have a legal age of at least 18 years and no less.
3. You have the authority to, enter into the Agreement personally, if applicable, on behalf of any company, organization, or other legal entity you declare at the time of account registration process and to bind that company, organization, or entity to the Agreement.

The terms “you,” “user” and “users” refer to all individual members and other persons who access or use our services, including without limitation, any companies, organizations, or other legal entities that register accounts or otherwise access or use the services through their respective employees, agents or representatives.

NOTE:

IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR US1E THE WEBSITE, THE SERVICES, OR THE APPLICATION.

General Information

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Agreement”) CAREFULLY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF USE MENTIONED BELOW.

• These Terms & Conditions of Use constitute a legally binding agreement between you and Kainene Fashion Tech. Ltd., having its office at 5, OLUTOSIN AJAYI, AJAO ESTATE, LAGOS STATE, Nigeria; regarding your use of our Services.
• This Agreement shall be governed by, and construed in accordance with, the laws of Nigeria.
• These Terms and Conditions of Use (“Terms,” including our Privacy Policy, Cookie Policy, and all other policies on our Website) define the terms and conditions under which you are allowed to use our services, and how we will treat your account with us.
• These terms and conditions are applicable to all the data subjects who visit the website, whether they are registered or not, including but not limited to buyers, sellers, customers, distributors, or any market player.

Definitions

• “Device” includes but is not limited to mobile devices, computers, computer systems, laptops available via a web browser to Mac, Linux, Android, iOS, Windows.
• “Intellectual Property Rights” mean and include without limitation all copyrights, patents, trademarks, trade secrets, and other related rights pertaining to the contents on our website and related documents and shall remain, the sole and exclusive property of Kainene Fashion Tech. Ltd.
• “Third parties” include but are not limited to buyers, sellers, customers, distributors, any market player, analytics & search engine providers, or payment providers.
• “Content” means all information including but not limited to News, Articles, Trade fairs & Events, Fashion, Designs, Sustainability, and Interview sections otherwise transmitted publicly or privately via our services.

Eligibility

To use our services, you must:

1. be 18 years of age, if you are less than 18 years you are required to contract with us through your parents or legal guardian.
2. agree to the Terms;
3. provide true, complete, and up-to-date information when filling out our forms.
4. have a due authorization if you are dealing with us as a business entity or you represent that by the business entity to accept this Agreement and you have the authority to bind that business entity to this Agreement.

Kainene Fashion Tech. Ltd. may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website.

By using our services, you represent and warrant that you meet all the requirements listed above and that you won’t use our services in a way that violates any laws or regulations. (Representing and warranting equates to making a legally enforceable promise.) Kainene Fashion Tech. Ltd. may refuse service and change eligibility requirements at any time.

Contractual Relationship

• Kainene Fashion Tech. Ltd. may terminate any of these terms or any services with respect to you, or generally, cease offering or deny access to the services or any portion thereof, at any time for any reason.
• Supplemental Terms may apply to certain services, such as policies for any particular event, activity, or promotion, and such supplemental terms will be published on our services from time to time. Supplemental Terms are in addition to and shall be considered a part of, the Terms and Conditions of Use. Supplemental Terms shall prevail over these Terms and Conditions of Use in the event of a conflict with respect to the applicable services.
• The collection and use of personal information by us in connection with the services is as provided in our Privacy Policy.
• In case of incorporation of any new legislation or any amendments to the existing legislation governing data of any individual, some of the clauses of this Agreement may either be updated or deleted without any notice, to comply with the said provisions of the applicable legislation. Hence it is advisable to check this Agreement from time to time.

License Grant

• Kainene Fashion Tech. Ltd. grants you a revocable, non-exclusive, non-transferable, limited license to download and use its services including but not limited to its websites, products, or any other software developed strictly in accordance with these Terms.
• Permission is granted to download, display, make derivative work, and distribute the materials including but not limited to 3D CLO3D project files, OBJ files, FBX files, and PNG/JPEG images from this Site for personal, non-commercial use provided you retain all copyright and other proprietary notices contained in the materials.
• You may not rent, lease, sell or redistribute, or sublicense the licensed App, nor copy, decompile, reverse engineer, disassemble the App or Website or our Services other than as permitted under this Agreement.

Third Party Interactions

• Our services may contain links to third-party Websites (“Third-Party Websites”) and Apps (“Third-Party Apps”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”).
• When you click on a link to a Third-Party Website, Third-Party App or Third-Party Advertisement, we will not warn you that you have left our Website, server, or services and we will not warn you that you are subject to the Terms and Conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of Kainene Fashion Tech. Ltd. We are not responsible for any Third-Party Websites, Third-Party Applications, or any Third-Party Advertisements.
• We provide these Third-Party Websites & Advertisements only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services.
• You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Apps, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
• You acknowledge and agree that our services are not responsible or liable for: (i) the availability or accuracy of such links, Websites/Apps, or any other resources; or (ii) the content, products, or services on or available from such links Websites/Apps or resources.

Trademarks

• The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Kainene Fashion Tech. Ltd and others.
• Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the trademark owner.
• Kainene Fashion Tech. Ltd. enforces its intellectual property rights to the fullest extent permitted by the law. The name of Kainene Fashion Tech. Ltd legal entity or logo may not be used in any form, including advertising or public display pertaining to distribution of materials on this Site without prior written permission

Prohibited Uses

You represent and warrant that you will not use our services or materials therefrom to:

• Remove any copyright, trademark, or other proprietary notices from any portion of the services;
• Use meta tags, hidden text, or metadata with our trademark, logo, URL, or product name without our written consent.
• Cause or launch any programs or scripts for scraping, indexing, surveying, or otherwise data mining any portion of the services or unduly burdening or hindering the operation and/or functionality of any aspect of the services.
• Attempt to gain unauthorized access to or impair any aspect of the services or its related systems or networks.
• design template applications intended for resale.
• advertise and promote projects, fashion clothing, including printed materials, presentations, film and video presentations, broadcast, and commercials.
• do online or electronic publications.
• publish in any posters (printed on paper, canvas, or any other media) or other items for resale, license, or other distribution for profit.
• publish as part of a trademark, design-mark, tradename, business name, service mark, or logo.
• incorporate the material in any product that results in a re-distribution or re-use of the material or is otherwise made available in a manner such that a person can extract or access or reproduce the material as an electronic file.
• publish in a fashion that is considered by Kainene Fashion Tech. Ltd. (acting reasonably) as or under applicable law is considered obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the material into disrepute.
• sub-license, re-sell, rent, lend, assign, gift, or otherwise transfer or distribute the material or the rights granted under this Agreement. If the material is reproduced on a social media platform or other third party website, (i) the rights granted herein shall automatically be revoked in the event that the platform website seeks to exploit purported rights to the material contrary to the terms of this Agreement, and (ii) in such event, upon Kainene Fashion Tech. Ltd.’s request, you shall remove any material from such platform or website, (iii) Kainene Fashion Tech. Ltd. should receive adequate attribution on the social media platform or other third parties website by including a link to Kainene Fashion Tech. Ltd. Site
• Commit or attempt to commit an act of money laundering or any other unlawful act in respect of services rendered.
• Encourage or help anyone do any of the things on this list.

We reserve the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.

Any permission granted in this Agreement terminates automatically if you breach any of the terms, warranties, or conditions of this Agreement. Upon termination, you are obliged to immediately destroy any downloaded and/or printed materials. You also may not, without Kainene Fashion Tech. Ltd.’s permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations.

Network Access and Devices

• You are responsible for obtaining the data network access necessary to use the services. Your mobile network data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device and you shall be responsible for such rates and fees.

You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and any updates thereto. In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Disclaimers and Limitation of Liabilities

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, KAINENE FASHION TECH LTD  DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS. IN ADDITION, KAINENE FASHION TECH. LTD. MAKES NO REPRESENTATIONS, WARRANTY, OR GUARANTEE REGARDING THE USE, OR THE RESULT OF THE USE, RELIABILITY, TIMELINESS, ACCURACY, VALIDITY, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LIKEWISE, KAINENE FASHION TECH. LTD. DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD PARTIES LINKED TO ITS SITE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability

• Kainene Fashion Tech. Ltd. is a fashion technology business that offers fashion designs/illustrations to her users; makes clothes/dresses for her users based on designs on her website, create on-demand unique designs for her users and train her users on fashion illustrations.

YOUR EXCLUSIVE REMEDY AND KAINENE FASHION TECH. LTD.'S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID TO KAINENE FASHION TECH. LTD., IF ANY, DURING THE ONE-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.

IN NO EVENT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KAINENE FASHION TECH. LTD. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT KAINENE FASHION TECH. LTD. OR HER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

You acknowledge to defend, indemnify and hold Kainene Fashion Tech. Ltd., its affiliates, subsidiaries, directors, officers, employees, agents, partners and any other licensors (each, an “Indemnified Party”) harmless from and against any claim, disputes or demand, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:

• Your violation of any third-party right, including without limitation to any right to privacy, publicity rights, or intellectual property rights, including content the user distributes through the services;
• Your wrongful or improper use of the services;
• Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;
• The indemnifications set forth above will survive the termination or expiration of this Agreement and/or your use of the services.

In the event of a dispute with any party to a transaction, you agree to release and indemnify Kainene Fashion Tech. Ltd.

Our Transmissions

• Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Kainene Fashion Tech. Ltd. or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
• You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane, or any other material that could give rise to any civil or criminal liability under the law.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of the Agreement will continue in full force and effect.

Changes to Terms and Conditions

Kainene Fashion Tech. Ltd. reserves the right to modify the Terms of this Agreement or its policies at any time, effective upon posting of an updated version of this Agreement on its services. You should regularly review this Agreement, as your continued use of the services after any such changes constitute your agreement to such changes.

Entire Agreement

The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Kainene Fashion Tech. Ltd. and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our services.

Governing Laws

The Agreement and any dispute arising from the same will be governed by the laws applicable in Nigeria and/or applicable as applied to agreements entered into and to be performed entirely within Nigeria, without regard to its choice of law or conflicts of law principles. The company, Kainene Fashion Tech. Ltd. will be liable for all purposes as under the terms of this Agreement.

Compliance with Laws

• You represent and warrant that your use of our services will comply with all applicable laws and regulations. You may not use our service for any unlawful or discriminatory activities, including acts prohibited by the laws in Nigeria that apply to commerce.
• You have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of communication so far as our services are concerned.
• You agree to indemnify and hold us harmless from any losses, including attorney fees, which result from your breach of any part of these warranties.

Disputes

Disputes are defined as any claim, controversy, or dispute between you and Kainene Fashion Tech. Ltd., including any claims relating in any way to the present Agreement, any supplemental Terms, or the services, amendments, or any other aspects of the Agreement.

Binding Individual Arbitration

• You and Kainene Fashion Tech. Ltd. agree to arbitrate any and all disputes by a neutral arbitrator appointed by Kainene Fashion Tech. Ltd. who has the power to award the same damages and relief that a court can.
• Any arbitration under these general terms will only be on an individual basis.
• Class arbitrations, class actions, private attorney general actions, representative actions, and consolidation with other arbitrations are not permitted.
• If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case, will there be a class or representative arbitration).
• All disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the provisions of the Arbitration and Conciliation Act, 2004.
• Any arbitration hearing will occur in Nigeria or another mutually agreeable location.

Powers of Arbitrator

• The arbitrator, and not any, local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable.
• The arbitration will decide the rights and liabilities, if any, for you and Kainene Fashion Tech. Ltd.
• The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties.
• The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute.
• The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum rules, and this Agreement (including this Arbitration Agreement).
• The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded.
• The arbitrator shall follow the applicable law.
• The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.
• The arbitrator’s decision is final and binding on you and the Kainene Fashion Tech. Ltd.

Opt Out

You may opt out of this Arbitration Agreement. If you do so, neither you nor Kainene Fashion Tech. Ltd. can force the other to arbitrate as a result of this Agreement. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send opt-out notice to kedu@kainene.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND KAINENE FASHION TECH. LTD. RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES.

Other Provisions

A) Notice
Kainene Fashion Tech. Ltd. may give notice by means of a general notice on the Services via electronic mail to your email address. You may give notice to Kainene Fashion Tech. Ltd. via electronic mail to kedu@kainene.com

B) General
You may not assign or transfer these Terms in whole or in part without Kainene Fashion Tech. Ltd.’s prior written approval. You give your approval to Kainene Fashion Tech. Ltd. for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Kainene Fashion Tech. Ltd.’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Kainene Fashion Tech. Ltd. or any third-party provider as a result of the contract between you and Kainene Fashion Tech. Ltd. for use of the Services.

Cookies

Our services use cookies. For more details, you can refer to the cookie policy.

Your Privacy

• When you use this Site and download materials on the Site products page, we might collect personal information from you, including your email, name, physical address and usage data through cookies.
• We truly care about our users’ privacy and take all steps to ensure secure storage and processing of your personal information in compliance with applicable laws.
• We highly recommend you to carefully read through our Privacy Policy Statement, which states the rules under which we collect, store and process personal information about you before you access the Site.

Updates to Services

• Kainene Fashion Tech. Ltd. may from time to time provide enhancements or improvements to the features/functionality of services, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates").
• Updates may modify or delete certain features and/or functionalities of the services. You agree that Kainene Fashion Tech. Ltd. has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of services to you.
• You further agree that all Updates will be (i) deemed to constitute an integral part of the services, and (ii) subject to the Terms of this Agreement.

No Changes to Terms at your request

The terms mentioned herein shall not be changed at the request of anyone or group. The same terms and conditions of use shall be applicable for all users.

Contact Information

Kainene Fashion Tech. Ltd. welcomes your questions or comments regarding the Terms: you can email us at kedu@kainene.com.