Our House Rules

Welcome to Khloro. We’re so glad you’re here. Make yourself comfortable and have a good time, but please follow our house rules.

1. Accepting These Terms
2. Those Other Documents We Mentioned
3. Your Privacy
4. Your Account with Khloro
5. Your Content
6. Your Use of Our Services
7. Termination
8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
9. Indemnification (or What Happens If You Get Us Sued)
10. Disputes with Other Users
11. Disputes with Khloro
12. Changes to the Terms
13. Some Finer Legal Points
14. Contact Information

1. Accepting These Terms

This document and the other documents we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and Khloro. The contract is between you and Khloro eCommerce if you live in Australia.; if you live elsewhere, the contract is between you and Vera Verce Trust, a subsidiary of Khloro. We’ll refer to Khloro. and all of its subsidiaries collectively as “Khloro.”

Please note that Section 11. Disputes with Khloro contains an arbitration clause and class action waiver. You agree to resolve all disputes by agreeing to the terms through binding individual arbitration. You waive any right to decide those disputes by a judge or jury and waive your right to participate in class arbitrations or representative actions.

Great, read on! This contract sets out your rights and responsibilities when you use Khloro.com, our mobile apps, and the other services provided by Khloro (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you agree to the Terms. If you disagree with the Terms, you may not use our Services. Agree with us?

2. Those Other Documents We Mentioned

Khloro’s Services connect people worldwide, both online and offline, to make, sell, and buy novel foods, machinery and software. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:

Our House Rules for Everyone. If you use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.

Our House Rules for Sellers. If you list any items for sale through our Services, these policies apply to you.

Our House Rules for Buyers. If you use our Services to browse or shop, these policies apply to you.

Our House Rules for Third Parties. These policies apply to intellectual property owners, Khloro API users, affiliates, and anyone requesting information from Khloro.

Search and Advertising Ranking Disclosures. This is a concise summary of how Khloro organizes search results and advertising results that could include your content. 

All of these policies are a part of our Terms, so be sure to read the relevant ones for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!

3. Your Privacy

We know your personal information is important to you, so it’s important to us—our Privacy Policy details how your data is used when you use our services. By using our Services, you also agree that we can process your information in the ways set out in the Privacy Policy.

Both Khloro and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Khloro, will be responsible for that unauthorized disclosure. 

If, however, Khloro and sellers are found to be joint data controllers of buyers’ personal information, and if Khloro issued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Khloro for the expenses it occurs in connection with your processing of buyer personal information.

4. Your Account with Khloro

You’ll need to create an account with Khloro to use some of our Services. Here are a few rules about accounts with Khloro:

A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and direct supervision. Children under 13 years are not allowed to use Khloro or the Services. You are responsible for all account activity conducted by a minor on your account. There may be commercial products or services available that you may want to consider limiting a minor’s access to material online.

B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

C. Choose an appropriate name. Suppose you decide not to have your full name serve as the name associated with your account. In that case, you may not use offensive, vulgar language, infringe someone’s intellectual property rights, or otherwise violate the Terms. 

D. You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s essential to keep your account password secure. 

F. Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Khloro.

5. Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our Services, you grant Khloro a license to use it. We don’t claim any ownership of Your Content, but we have your permission to use it to help Khloro function and grow. That way, we won’t infringe any rights you have in Your Content, and we can help promote it. For example, you acknowledge and agree Khloro may offer you or Khloro buyers promotions on the Site, from time to time, that may relate to your listings

C. Rights You Grant Khloro. (Here’s the legalese version of the last section). By posting Your Content, you grant Khloro a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Khloro, your Khloro shop, or the Services in general, in any formats and through any channels, including across any Khloro Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. 

That sounds like a lot, but we must keep Khloro going. Consider these examples: if you upload a photo or video of a listing on your Khloro shop, we have permission to display it to buyers, and we can resize or enhance it, so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade necklace, we can feature it– often along with your shop name and shop pictures– on our homepage, in one of our blogs or even on a billboard to help promote your business and Khloro’s.

D. Reporting Unauthorized Content. Khloro has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. Suppose Your Content is alleged to infringe another person’s intellectual property. In that case, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Khloro’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any false and misleading content or use the Services fraudulently or deceptively.

6. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses your shop requires and meet applicable legal requirements in the applicable jurisdiction(s). This includes selling and delivering your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Khloro, another Khloro user, or a third party.

B. Pay Your Bills. You are responsible for paying all fees that you owe to Khloro. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. For items sold to buyers in Australia, Belarus, Chile, the EU, Iceland, India, Indonesia, Japan, Malaysia, Mexico, Moldova, New Zealand, Norway, Quebec (Canada), Russia, Saudi Arabia, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, United Arab Emirates or the United Kingdom. Khloro will help collect and remit the correct amount of value-added tax or VAT. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT.” In addition, Khloro will calculate, collect, and remit sales tax where applicable. 

Your fees, bills, taxes, are your responsibility.

C. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or reverse engineer or attempt to obtain the source code of the Services. If you want to use our API, please follow our API Terms of Use.

D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services by distributing a virus or other harmful computer code.

E. Follow Our Trademark Policy. The name “Khloro” and the other Khloro marks, phrases, logos, and designs that we use in connection with our Services (the Khloro Trademarks), are trademarks, service marks, or trade dress Khloro in the US and other countries.

F. Share Your Ideas. We love your suggestions! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Khloro (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

G. Talk to Us Online. Khloro will provide you with certain legal information in writing from time to time. By using our Services, you agree to our Electronic Communications Policy, which describes how we provide that information. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment). Your electronic agreement is the same as your signature on paper.

7. Termination

Termination By You. We’d hate to see you go, but you may terminate your account with Khloro at any time from your account settings. Closing your account will not affect the availability of some of Your Content that you posted through the Services before termination. Oh, and you’ll still have to pay any outstanding bills. You can find more information in this Help article.

Termination By Khloro. We may terminate or suspend your account (and any accounts Khloro determines are related to your account) and your access to the Services should we have reason to believe you, your content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Khloro will notify you that your account has been terminated or suspended unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or Khloro terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services Khloro reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Khloro’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that Khloro does not manufacture, store, or inspect any items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Khloro cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Khloro from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Khloro is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you meet someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). When you access these third-party services, you do so at your own risk. You may also need to use a third party’s product or service to use some of our Services (like a compatible mobile device to use our mobile apps). The third parties may require you to accept their own terms of use. Khloro is not a party to those agreements; they are solely between you and the third party.

Gift Cards and Promotions. You acknowledge that Khloro does not make any warranties concerning your Gift Card balance and is not responsible for any unauthorized access to, alteration, theft, or destruction of a Gift Card or Gift Card code resulting from any action by you or a third party. You also acknowledge that we may suspend or prohibit the use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that that special offer or promotion rules were ambiguous.

WARRANTIES. KHLORO IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT, AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER KHLORO, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL KHLORO’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID KHLORO IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 9. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if Khloro gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Khloro (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defence. However, we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

10. Disputes with Other Users

Suppose you find yourself in a dispute with another Khloro’s Services user or a third party. In that case, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Buyers and sellers who cannot resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. 

Khloro will attempt to help you resolve disputes in good faith, and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Khloro has no obligation to resolve any disputes.

Release of Khloro. You release Khloro from any claims, demands, and damages arising out of disputes with other users or parties.

11. Disputes with Khloro

If you’re upset with us, let us know, and hopefully, we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

A. Governing Law. The Terms are governed by the laws of Western Australia, without regard to its conflict of laws rules, and the laws of Australia. These laws will apply no matter where in the world you live, but if you live outside of Australia, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

B. Arbitration. You and Khloro agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the Australian Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect unless otherwise required by law. *arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. 

For EU sellers, if any dispute arises in connection with the Terms, the parties should first try to resolve the dispute through the complaints procedure. In addition, the dispute may be referred by either party to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. The Parties agree to enter into mediation to settle a good faith dispute and do so according to the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation, a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR. 

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Khloro are each waiving the right to trial by jury or to participate in a class-action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules and its rules in the case of CEDR. Suppose the value of your claim does not exceed $1,000 USD. In that case, Khloro will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions, such fees may be refundable to you, depending on the outcome of the mediation.

D. Forum. We’re based in Australia, so any legal action against Khloro related to our Services must be filed and take place in Western Australia. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Western Australia, and any in-person hearings will be conducted at a reasonably convenient location to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Khloro agree to submit to the personal jurisdiction of a state or federal court located in Western Australia if your contract is with Khloro; if your contract is with Vera Verce Trust, you and Khloro agree to submit to the personal jurisdiction of the courts of Western Australia.

E. Government Exception. If you are a government agent or entity in Western Australia using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of Western Australia (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of Western Australia.

F. Modifications. If we make any changes to this “Disputes with Khloro” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Khloro prior to the date the changes became effective. Khloro will notify you of substantive changes to the “Disputes with Khloro” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Khloro a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Khloro in accordance with the provisions of this “Disputes with Khloro” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

12. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

13. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Khloro regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

14. Contact information

If you have any questions about the Terms, please email us at support@khloro.com.

*In some countries you may have additional rights and/or the preceding may not apply to you.