Terms & Conditions

LEGAL NOTICE

1. Legal information

We hereby inform you that:

  • Kushim Platform is published by:

    KUSHIM, trading as KUSHIM, Inc an American registered company situated 2711 Centerville Road Suite 400 Delaware 19808 County of New Castle USA

    E-mail address: support@kushim.vc

  • The organisation providing direct and ongoing storage is:
Linode, 329 E. Jimmie Leeds Road, Suite A Galloway, NJ, 08205 USA

2. Limitations to liability

User acknowledges that he/she has read these Terms of Use and agrees to comply with them. The user of the Kushim Platform acknowledges that he/she has the competence and ability required to access and use this site.

The user of the Kushim Platform acknowledges that he/she has verified that the computer equipment being utilised does not contain any virus and that it is in perfect working order.

Information supplied by KUSHIM is only a guideline and does not give user any additional personalised analysis.

KUSHIM does not guarantee that the information disseminated through its Website https://www.kushim.vc/ is accurate, complete and up to date.

Consequently, user acknowledges that he/she is exclusively responsible for the use of this information.

3. Data protection

Automatic processing of name-related data from the Web site «kushim.vc» was dealt with pursuant to the requirements of the French and American Data Protection Acts.

Specifically, pursuant to the French and American Data Protections Acts, user is notified that any information he/she submits via the Kushim Platform forms is needed so that his/her request can be answered; this information is sent to KUSHIM, which is responsible for processing the data for administrative and business purposes.

User is notified that he/she has the right of access, query and rectification; this right allows him/her to correct, complete, update, lock or remove any personal information that is inaccurate, incomplete, ambiguous, out-of-date, or of which the collection, use, communication or retention is prohibited.

User also has the right to object, for legitimate reasons, to the processing of his/her data, as well as the right to object to the use of this information for generating sales leads.

The complete set of these rights can be obtained from KUSHIM by mailing a written request, along with a signed copy of the requester's identification card, to the following address:

KUSHIM 2711 Centerville Road Suite 400 Delaware 19808 County of New Castle USA

4. Cookies

User is notified that when he/she visits the Website http://www.kushim.vc/ and the Kushim Platform, a cookie may install itself automatically on his/her browser software.

A cookie is a block of data that does not allow identification of users but which enables the saving of information concerning users' browsing on the Website.

The browser software's settings allows detection of the presence of a cookie and the possible refusal of said cookie. In this case, certain Kushim Platform features may no longer be available. User possesses all of the aforementioned rights concerning information of a personal nature that is communicated by and through cookies under the terms indicated above.

Users who access, or may have access to, information of a personal nature must refrain from any collection, inappropriate usage in general, and action that may undermine a person's private life or reputation.

5. Intellectual property

The Website's overall structure, as well the software, text, animated and non-animated images, know-how and any other elements that make up the Kushim Platform, are the exclusive property of KUSHIM.

Any total or partial reproduction of this Kushim Platform by any person, without the express authorisation of KUSHIM, is prohibited and constitutes an infringement penalised under American copyright law.

The same holds true for databases included on the Kushim Platform Website and protected by provisions concerning legal protection of databases, and of which KUSHIM is a producer.

The symbols representing KUSHIM and its partners, as well as the logos appearing at the Kushim Platform Website, are registered trade/service marks.

Therefore, any total or partial reproduction of these symbols or logos taken from elements within the Website, without the express authorisation of KUSHIM, is prohibited under the French law.

KUSHIM shall not be held responsible for users' access, via hypertext links inserted into the Kushim Platform Internet site's framework that point to other resources existing on the network.

Any dispute concerning the use of the Web site «kushim.vc» is subject to the American laws. User acknowledges that the appropriate courts in USA have exclusive jurisdiction.

3. Privacy Policy

KUSHIM Privacy Policy

Effective date: 2017-04-24

Your privacy is important to KUSHIM. So we’ve developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices.

Scope of this Privacy Policy

This privacy policy describes how KUSHIM, Inc trading as KUSHIM and its worldwide affiliated group companies (collectively, "KUSHIM ") will use the personal information collected when you visit the KUSHIM websites and mobile applications and Kushim Platform Site and Service that contain a link to this privacy policy (each, a "Service"). A Service may supplement this privacy policy with additional privacy terms or with additional privacy notices in connection with certain features of that Service.

This privacy policy does not apply to websites, applications or mobile platforms that are not linked to this privacy policy or to those operated by third parties. We encourage you to review the privacy policies posted on those websites, applications and mobile platforms.

Collection of information

The Service collects information from you in two ways:

  • directly from your input ;
  • automatically through the Kushim Platform 's technologies.

a. Information provided by you

The types of information the Kushim Service collects directly from you may include the following as well as any other information type that we expressly ask you to enter and submit to the Kushim Platform:

  • Contact information, such as your name, email address and your location;
  • Usernames (email adress);
  • Comments and feedback, questions and contributions;
  • Interests and communication preferences ;
  • Other data you intentionally share.

b. Information collected automatically

The Kushim Platform automatically collects certain information regarding your use of the Kushim Service. Examples of information collected automatically include:

  • Internet Protocol ("IP") address used to connect your computer to the Internet;
  • Computer, device and connection information, such as browser type and version, operating system, mobile platform and unique device identifier ("UDID") and other technical identifiers;
  • Uniform Resource Locator ("URL") click stream data, including date and time, and content you viewed or searched for on the Kushim Service.

c. Cookies and web beacons

The Service may also automatically collect information through the use of cookies or similar technologies, such as web beacons. Cookies are small text files that a website sends to the browser on your computer or mobile device when you first visit a web page so that the website can recognize your device the next time you visit. Most web sites typically use the following:

  • "Session" cookies, which are temporary and deleted when you close your browser;
  • "Persistent" cookies, which remain until you delete them or they expire;
  • Web beacons, which are electronic images also known as single-pixel gifs.

In general, cookies, web beacons and similar technologies do not contain personally identifiable information, but when you furnish your personal information through the Service, this information may be linked to the non-personally identifiable data stored in cookies sent to your browser from the Service.

KUSHIM and its service providers use these technologies for various purposes, including: facilitating the login process, administering, customizing and improving the Service.

There are a number of ways to manage cookies. The "help" portion of the toolbar on most browsers will tell you how to stop accepting cookies, how to be notified when you receive a new browser cookie, and how to disable existing browser cookies. However, if you block cookies, you may not be able to register, login or make full use of the Service. You can also use your mobile device's settings to manage the available privacy options.

Our HTML-formatted emails may contain a web beacon to tell us whether our emails are opened and verify any clicks through to links within the email. We may use this information for purposes including determining which of our emails are more interesting to users and to query whether users who do not open our emails wish to continue receiving them. The web beacon will be deleted when you delete the email. Emails in plain text rather than HTML will not include the web beacon.

Use of personal information

We use the personal information collected through the Kushim Service to complete various actions:

  • to provide, modify and improve Kushim Service and support;
  • to update you on relevant new services and benefits;
  • to personalize the Kushim Service and to select content to be communicated to you or to use features on the Service such as sharing content with a coworker;
  • for data analysis, audits, enhancing the Service, identifying usage trends and determining the effectiveness of our Kushim Service
  • to prevent and detect security threats, fraud or other malicious activity;
  • to comply with our legal obligations, resolve disputes, and enforce our agreements.

The personal data you provide are not disclosed and/or resold to third parties by KUSHIM.

However, judicial or administrative authorities may require the disclosure of data allowing identification of a user.

Access to and accuracy of your personal information

Your data is stored securely and access is restricted to authorized personnel only.

You may request access to the personal information we hold about you. You may also request to review and correct any of that personal information.

The Kushim Service may allow registered users to directly access their registration information and make corrections or updates. The accuracy of such information is solely the responsibility of the user. 
To protect your privacy and security, we will also take reasonable steps to verify your identity. To view and change the personal information that you directly provided to us, you can return to the Kushim Platform Web page where you originally submitted your data and follow the instructions on that Web page, or contact us at the address listed below.

Contacting us

If you have comments or questions about this privacy policy or our processing of your information, please contact :

KUSHIM - 2711 Centerville Road Suite 400 Delaware 19808 County of New Castle USA support@kushim.vc

This privacy policy was last updated on 2017-04-24

TERMS AND CONDITIONS

Effective Date: 2017-04-24

Thank you for using Kushim Service.

This page states the Terms and Conditions («Terms») under which you («You») may use the KUSHIM Sites and the KUSHIM Services (each as defined below).

Definitions

«The Company» or «KUSHIM» or «Us»: KUSHIM (Commercial Name “KUSHIM”), an American registered company with headquarters at 2711 Centerville Road Suite 400 Delaware 19808 County of New Castle USA, refers to the company operating the Website www.kushim.vc

«You» or «User» refers to any Kushim Platform user, including regular or occasional users, Contributors or Customers.

«kushim.vc» or «WebSite» refers to the website *.kushim.vc and all services provided on the website https://kushim.vc/

«Service» or «Kushim Platform» refers to all services, functions and applications provided by KUSHIM and available on the Kushim Platform. The Kushim Platform is a cloud Plateform for investment management and performance tracking.

«Customer» refers to any or all valid registered users of Kushim Platform who have or have not paid to use Kushim Service.

«Contributors» or «Members» refers to Users, Account holders who send or view their informations and their Dashboard with the Kushim Platform.

«Administrators» or «Managers» refers to persons entitled who create accounts

«Account» refers to the individual account created by each member when registering with the Kushim Platform.

«Content» refers to any content published or broadcast on the Kushim Platform by KUSHIM, users, or third parties. It includes text, words, information, images, videos, sound, data or hypertext links.

«Terms and conditions» refers to the General Terms of Use / General Terms of Sale contained in the present document.

Article 1. Ownership of Site and Kushim Platform - Agreement to Terms of Use

The Terms constitute a binding agreement between You and KUSHIM, and are deemed accepted by You each time that You use or access Kushim Platform or any KUSHIM Services. If You do not accept the Terms stated here, do not use the KUSHIM Sites, the Kushim Platform and the KUSHIM Services. The KUSHIM Sites are defined as any Web sites under KUSHIM’s control, whether partial or otherwise (including, without limitation, kushim.vc and the Web site from which these terms of use were accessed from).

BY USING THE KUSHIM PLATFORM, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

KUSHIM reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Kushim Platform following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, KUSHIM grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Kushim Platform.

Users who violate these Terms may have their access and use of the KUSHIM Sites suspended or terminated, at KUSHIM’s discretion.

Article 2 Access to and operation of the Kushim Platform

2.1 Access to the Kushim Platform

Kushim Platform is accessible on line. To access the service, all visitors, users and members must have an Internet connection. Visitors, users and members must bear the cost of all telephone and Internet connection charges. The Company does not provide users with any Internet connection support, including telephone installation, terminals and software or subscription services.

KUSHIM provides users with a non-exclusive and non-transferable limited license to access and use the Service and its content. Any disrespect of the rules set out on the Terms and Conditions will result in this license being revoked.

To access the Service, the Member must create an account on www.kushim.vc using the register form Kushim provides.

KUSHIM reserves the right to restrict or suspend access to part or all of the Kushim Platform and some or all of its Services for operational or maintenance reasons at any time. KUSHIM also reserves the right to modify, suspend or delete the Kushim Platform and remove it from the Internet. In these situations, users will not be entitled to compensation.

2.2 Operation of the Kushim Platform

KUSHIM does not guarantee that the Kushim Platform will operate in a continuous or error-free manner.

KUSHIM will not be held liable should the Kushim Platform become unavailable, be interrupted or malfunction for any reason whatsoever. This includes failures on the part of its Internet provider or web hosting service provider, third party intrusions or force majeure.

KUSHIM will not be held liable for any damage or inconvenience caused in the course of regular Internet use, including damage caused by computer viruses or spyware.

Article 3. Signing up to the service and account creation

3.1 User information

To create an Account, you must be a natural person, adult in your country of residence.

The Account is a user account, which is accessed by an Account name (Email address) and the authentication process of your collaborative working environment.

The Account remains the property of KUSHIM. You are only entitled to access the Service using the Account made available to you.

To manage your Account and personal information, you must connect to https://kushim.vc/ An Account made available to you at Kushim Platform is required to access the Service.

The following rules apply when creating an account:

  • The personal information you provide must be correct, up-to-date, complete, and verifiable. You must provide a valid personal e-mail address.
  • Account connections (time zones, countries, Internet service provider and proxy blocker) must comply with the terms for use of a User Account.

3.2 Security

To ensure the security of your account and to avoid the theft of an account known as « Hacking an account», you agree to:

  • Not give access to your account to a third party. The loan, share, exchange, donation, purchase, transfer and sale of accounts is prohibited. Any loan, share, exchange, gift, purchase, sale or transfer of account will not be enforceable against the Company.
  • take all measures to prevent a third party accessing the account that you have activated, even without your knowledge
  • not use another person’s Account.
  • not give out your login information, i.e. the account name, password
  • use a personal or professional email address and not share this email address
  • allow KUSHIM can easily contact you for any reason whatsoever, via your email address

3.3 Liability

The security of your account is solely your responsibility and KUSHIM shall not be liable for damages that may result to the Account or your computer resulting from losing or sharing your Account login information.

KUSHIM shall not in any way be held responsible in the case of account theft or any changes that may result to the Account.

You also acknowledge that you are presumed to be the user of your Account and as such are responsible for actions taken through the use of your Account and on your Account.

You acknowledge that you, and not KUSHIM, are responsible for all electronic communications and content sent from your computer and you must only use the Service in compliance with the law.

Article 4. Services

4.1 Managers Services

A Kushim Platform Manager can :

  • Create user accounts
  • Create funds
  • Access daily analytics
  • Create reports

4.2 Members Contributors Services

Your on-line membership is activated when you receive an email with your access codes.

A Kushim Platform member can :

  • use Kushim Platform Account
  • access daily analytics
  • Create reports

Article 5. Duration

Every member can subscribe to one subscription proposed by KUSHIM or by his partners for duration corresponding to the subscription signed by the Manager as from the acceptance of the particular conditions of sale of the subscription chosen by the Manager.

Article 6. Cancellation

6.1 Freemium Model

Freemium subscriptions can be cancelled at any time, by the subscriber or by KUSHIM (or its subsidiaries). Subscribers may cancel their subscriptions by sending a letter or an e-mail to the Customer Service Centre.

6.2 Premium Model

Premium subscriptions can be cancelled at any time, by the Administrator-Manager subscriber or by KUSHIM (or its subsidiaries). Managers may cancel their subscriptions by sending a letter or an e-mail to the Customer Service Centre.

To cancel Premium subscription the Administrator-Manager must make a request to KUSHIM in writing with a 3 month’s notice before the end of the subscription period.

When Administrator-Manager canceling Premium subscription:

  • Cancellation will end billing and remove your access to any Premium features at the end of your current billing cycle.
  • No refund will be made of the sums already paid and invoices issued before the date on which the subscriber's official cancellation is received by KUSHIM must be paid in full.
  • Changes will be effective on the billing expiration date of your current subscription, at the end of the monthly renewal date for Premium subscriptions, and at the end of the year for annual Premium subscriptions.

6.3 Serious Breach

In case of serious breach of these obligations, KUSHIM or the subscriber can formally request for appropriate action to be taken by sending a registered letter with acknowledgement of receipt to the other party. If, within 30 (thirty) days, no action has been taken, KUSHIM or the subscriber can cancel the subscription. In this situation, the subscriber should contact the Customer Service Centre.

Article 7. Account Deactivation

If you deactivate your account your profile won’t be visible to other people on Kushim Platform and people won’t be able to search for you, though some information, such as messages you sent to Members, may still be visible to others.

Before you deactivate your account, you should know we only retain your user data for 30 days from the date of deactivation, after which we begin the process of deleting your account from our systems. Permanently deleting your account means you will not ever be able to reactivate or retrieve any of the content or information you've added. If you would like to permanently delete your account with no option for recovery, please contact us.

Article 8. General User Obligations

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Kushim Platform , of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Kushim Platform, the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Kushim Platform. KUSHIM reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Kushim Platform, the Site, or any other systems or networks connected to the Kushim Platform, the Site or to any KUSHIM server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Kushim Platform, the Site or any network connected to the Kushim Platform nor breach the security or authentication measures on the Kushim Platform or any network connected to the Kushim Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Kushim Platform, or any other customer of KUSHIM, including any KUSHIM account not owned by you, to its source, or exploit the Kushim Platform or any service or information made available or offered by or through the Kushim Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Kushim Platform.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Kushim Platform or KUSHIM’s systems or networks, or any systems or networks connected to the Kushim Platform or to KUSHIM.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Kushim Platform or any transaction being conducted on the Kushim Platform Site, or with any other person’s use of the Kushim Platform.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to KUSHIM on or through the Kushim Platform or any service offered on or through the Kushim Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Kushim Platform or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of KUSHIM or others.

Article 9. User obligations concerning content

The user is reminded that he has sole responsibility for all content he publishes on the Internet, on Kushim Platform and in his user space and that in no case may the company be considered liable for content generated by the user.

Article 10. Intellectual Property Rights – Trademarks

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, « Intellectual Content »), including but not limited to the design, structure, selection, coordination, expression, « look and feel» and arrangement of such Intellectual Content, contained on the Kushim Platform is owned, controlled or licensed by or to KUSHIM, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms and Conditions, no part of the Kushim Platform, the Site and no Intellectual Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including «mirroring») to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without KUSHIM’s express prior written consent.

You may use information on KUSHIM products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by KUSHIM for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

Article 11. Liability And Warranty

11.1 Freemium Services

KUSHIM will endeavour to the best of its ability to ensure the proper running of the Service and provide the services 24 (twenty-four) hours per day, 7 (seven) days per week.

However, KUSHIM only has an obligation of means concerning access to and use of the Service. KUSHIM cannot guarantee that the functions provided by the Service always will be available and without typographical, technical or other errors, that the faults will be corrected or that the Services and Servers hosting the Services will always be exempt from viruses and bugs.

For the maintenance, testing, repair, or any other purpose linked to the improvement and running of the Service, the Service may be interrupted temporarily by KUSHIM without the liability of KUSHIM being engaged. KUSHIM alone shall decide whether or not to accord compensation in the case of interruption of the Service.

The liability of KUSHIM cannot be engaged in cases of force majeure as laid out in French law and as defined by the jurisprudence of American courts and tribunals. Force majeure includes interruption, suspension, reduction or failure of (but not only of) the electricity supply, or any interruption of telecommunications networks.

KUSHIM cannot be considered liable for content on Sites (personal sites, blogs, sites which are internal or external to Kushim Platform, etc.) or personal pages of the user (be they internal or external to KUSHIM). The user recognises and accepts being solely liable for any information, text, image, video, data, file, or program posted on the space, the Site, or the page of the user.

The user accepts personal responsibility and agrees to release KUSHIM from any liability, loss, or expense, including legal and defence costs, demanded by a third party or another user relating to the Site of the user (all personal content published online by the user) or his personal page.

KUSHIM has an obligation of means in the framework of these Terms and conditions and cannot in any case be held responsible for any direct or indirect damage, loss, or prejudice of any kind resulting from management, use, interruption, or malfunction of the Service.

KUSHIM cannot be held liable for the content of external Sites or for access to those Sites. KUSHIM does not approve and is not liable for content, ideas or products sold on such external Sites.

The user accepts full responsibility for hypertext links and Internet addresses included on the personal space or personal page of the user and guarantees the company, its subsidiaries, directors and employees against any litigation or claim relating to such links.

KUSHIM does not guarantee against and cannot be considered liable for the loss or alteration of files of data transferred by the user to his On line space on Kushim Platform.

The user accepts to transfer these data and files knowingly and under the sole responsibility of the user. The user is responsible for undertaking any protective measures considered necessary.

11.2 Service Level Agreement for Premium Services

KUSHIM will endeavour to the best of its ability to ensure the proper running of the Service and provide the services 24 (twenty-four) hours per day, 7 (seven) days per week.

Our service level agreement calls for:

  • a commitment of availability in excess of 99%

Article 12. Personal Information - Privacy Policy

KUSHIM will not disclose your information to third parties and will make every effort to prevent the dissemination thereof, unless specifically authorized by you. KUSHIM reserves the right to prosecute anyone attempting to access personal information that does not concern them.

In accordance with Law you may access any personal data concerning you held by the Company, and demand the modification or deletion of said data. You have the sole right to access, modify or delete your personal information. You can exercise this right via Support, contactable by web form at support@kushim.vc , or by post at KUSHIM – Data Protection, KUSHIM, an American registered company situated 2711 Centerville Road Suite 400 Delaware 19808 County of New Castle USA, indicating your name, address, email and home addresses, and providing proof of identity.

KUSHIM has no obligation to provide information relating to a specific Account, even if a user requests the information, except to appropriate authorities in the context of a judicial enquiry.

Data concerning the user may be kept after the closure of the account for future information.

In order to improve service quality and to better respond to the expectations of the users, the Company may collect personal information about the user, particularly using cookies. Accepting cookies is obligatory for all subscriptions.

KUSHIM also reserves the right to collect certain information: - linked to your computer (IP, Internet Service Provider, hardware configuration, software configuration) - linked to the service (log and history of all data transfers, log and history of logins).

Article 13. Sanctions

In case of violation of one or more of the dispositions of these Terms and Conditions, of the KUSHIM Member Agreement, or of any other document produced by KUSHIM, KUSHIM reserves the right to terminate or restrict your use of and block access to the Kushim Service, to your Account, and to all the services of KUSHIM without prior warning and at its discretion.

Article 14. Modification To Terms And Conditions – Specific Conditions

14.1 Modifications

KUSHIM reserves the right to modify the terms and conditions at any time.

Each modification, update versions of terms will come into effect as soon as it is put online on the site and on the Kushim Platform. KUSHIM agrees to give prior warning of modification to members by email or by display on the Site and on the Kushim Platform. In case of refusal of the modification, the user must cease to use the site or the services concerned by the modification, and the account of the user may be deleted without the user being entitled to any sort of compensation. Any use of the Kushim Platform after the modification has been put online is considered to be an acceptation of updated version of terms.

14.2 Services

Each service may have specific conditions.

KUSHIM is free to add and remove services from the Kushim Platform and/or modify the characteristics, terms of use and other specific conditions of said services. KUSHIM shall inform the members of such modifications by email or by display on the site or on the Kushim Platform.

The user may have to, through the use of the Kushim Platform or via the intermediary of the Kushim Platform, use services or content provided by third parties. KUSHIM declines all liability concerning said third party services and content, the third party providing the service or content having sole liability regarding the user.

In no case may KUSHIM be held responsible for any loss caused in the course of exchanges made away from the Kushim Platform, even between members.

Article 15. Purchases - Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Kushim Platform, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Kushim Platform or for any service offered on or through the Kushim Platform, the latter terms shall control with respect to your use of that portion of the Kushim Platform or the specific service.

KUSHIM’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. KUSHIM may make changes to any products or services offered on the Kushim Platform, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site or on the Kushim Platform with respect to products and services may be out of date, and KUSHIM makes no commitment to update the materials on the Site or on the Kushim Platform with respect to such products and services.

Article 16. Governing Law – Jurisdiction

These Terms and Conditions shall be governed and construed in accordance with American law and American language.

In case of litigation or claims on the part of the user, KUSHIM, or a third party, only the version of these Terms and Conditions available on the site and on the Kushim Plateform and on shall be binding between the parties, regardless of the date of the incident concerned by the litigation.

Should an amiable resolution not be found, in case of any potential litigation between the parties referring to the elaboration, the execution, the interpretation or the termination-resolution of the Contract (the dispute shall be referred to the American Courts of Delaware including cases of summary, request, and multiple defendants.