Terms & Conditions

1. Who we are and how to contact us

www.kingpin.global (the Platform) is a platform for connecting wholesale sellers to potential wholesale buyers of fashion goods.

The Platform is provided by Kingpin Holdings LTD (000006262), a company incorporated and existing under the laws of Abu Dhabi Global Markets, whose address is DD-15-134-004 –007, Level 15, WeWork Hub71, Al Khatem Tower, Abu Dhabi Global Market Square, AlMaryah Island, Abu Dhabi, United Arab Emirates, together with its subsidiaries and other affiliates (we or us).

2. By using our platform you accept this Terms

By using our Platform, you confirm that you accept these terms and conditions (Terms and Conditions) and that you agree to comply with them.

If you do not agree to these Terms and Conditions, you must not use our Platform.

We recommend that you print or save a copy of these Terms and Conditions for future reference.

3. This are other Terms that may apply to you

These Terms and Conditions refer to the following additional terms, which also apply to your use of our Platform:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.By using our Platform, you consent to such processing and you warrant that all data provided by you is accurate.

  • Registration as a vendor or buyer on our Platform will be subject to you signing a further agreement with us (User Agreement).

4. We may make changes to these Terms

We amend these Terms and Conditions from time to time. Every time you wish to use our Platform, please check these Terms and Conditions to ensure you understand the terms that apply at that time.

We will notify registered users of our Platform of changes to these Terms and Conditions by sending a general notification via the Platform.

5. We may make changes to our Platform

We may add, modify or discontinue any feature, functionality or any other tool, within the Platform, at our discretion and without notice.

6. We may suspend or withdraw our Platform

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted or error free. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give registered users reasonable notice of any suspension or withdrawal.

7. Your are responsible for users of your internet connection

You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.

8. Account opening is at our discretion

To use the services offered on our Platform, you are required to have an account (Account). Applicants will be required to meet our criteria for opening an Account,we will carry out checks and may ask for evidence of an applicant’s status.

We may refuse the opening of an Account at our discretion, without giving a reason.

9. How account opening works

For vendors: The application process and opening an Account is free. The application seeks basic information about you,your company and your products. If approved as a vendor, you will be required to submit additional information, including about your business,where you wish funds from sales of your products to be deposited and applicable tax and related documentation,and to enter into a User Agreement. Additional detail regarding information collected can be found in our Privacy Policy.

For buyers: The application process and opening an Account is free. You will be required to submit customary information such as your company name, store type(e.g., online, brick and mortar), email address and other information about your business, and to enter into a User Agreement. Before you make yourfirst purchase on the Platform, you may be required to provide additional information such as payment method information, reseller ID number and relateddocumentation and any other information as may be required by us or any payment processor. Additional detail regarding information collected can be found in our Privacy Policy.

You acknowledge and agree that by submitting your application to become a buyer, you authorize us and our designated agents to access your business credit history, including obtaining a consumer credit report,for the purpose of us evaluating your eligibility for trade credit. You further understand that credit inquiries may impact your credit score.

By submitting payment details in conjunction with registering for an Account and/or purchasing goods,you agree to pay for the goods purchased and any applicable taxes, delivery costs and other fees that may accrue, and authorize a payment process or appointed by us to charge the payment method with the information you have supplied to us,and/or to credit such payment method to make any adjustments if necessary. We reserve the right to correct any errors in pricing.

10. You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our Account opening security procedures,you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password (and your Account), whether chosen by you orallocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via the Platform.

11. How you may use material on our Platform

We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it.Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others within your organisation to content posted on our Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way,and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.

You must not use any part of the content on our Platform for commercial purposes without entering into a User Agreement.

If you print off, copy or download any part of our Platform in breach of these Terms and Conditions, your right to use our Platform willcease immediately and you must, at our option, return or destroy any copies of the materials you have made.

12. Do not rely on information on our Platform

We make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.

13. We are not responsible for websites we link to

Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources and we accept no liability for content or loss caused as a result of using such third-party sites.

14. Content

This Platform may include information and materials provided by other users of the Platform or third parties. This information and these materials may not have been verified or approved by us.The views expressed by other users on our Platform do not represent our views or values.

Any content that you upload to our Platform as viewable by other users will be considered non-confidential and non-proprietary. You retain all of your ownership rights in such content,but in uploading the content to our Platform grant us and,if such content is publicly viewable, other users of our Platform a limited non-exclusive,royalty free licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity without notice to any third party who is claiming that any content posted oruploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any content you create on our Platform in our sole discretion.

We have the right to remove any content you creYou are responsible for securing and backing up your content.ate on our Platform in our sole discretion.

You represent, warrant and agree that any content that you submit, post or display on the Platform:

  • does not violate any of the copyright, patent, trademark, trade name, trade secrets or any rights of any third party;

  • is true, accurate, complete and complies with all relevant laws; and

  • does not contain:

    • information that is discriminatory or promotes discrimination;

    • information that is defamatory, threatening, harassing, obscene, explicit,offensive, or otherwise objectionable, or that may be considered culturally or religiously offensive in any way;

    • anything which may not be considered to be in compliance with law, Islamic law, rules, morals, values, ethics and traditions; or

    • information that may threaten the national security of any country.

15. Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personalinjury caused by our negligence or the negligence of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability may apply to you if set out in a User Agreement.

We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty,or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use our Platform; or

  • use of or reliance on any content displayed on our Platform.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

16. Authorisation

You hereby authorize us to:

  • collect data relating to your use of the Platform to enable us to provide our service to you;

  • analyse your data for research and product development purposes; and

  • use your company names and logos for marketing purpose (we will give you notice of any such use).

17. Your obligation

You represent, warrant and agree that:

  • you have full power and authority to enter into these Terms and Conditions,and have full power to execute and perform your obligations under these Terms and Conditions;

  • you shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations;

  • you own or have the authority to grant the rights and licenses granted to us by you under these Terms and Conditions;

  • any content you submit as part of your use of the Platform does not violate the rights of any third party anywhere in the world including, without limitation, any intellectual property rights (whether registered or not);

  • any documents and information submitted during the Account opening process are true, accurate,current and complete, and you will maintain and update all information as applicable;

  • you are solely responsible for obtaining all required licenses, permits and certifications for the content that you submit, post or display on the Platform; and

  • neither you, your company, its directors, officers nor affiliates are the subject of any trade restrictions,sanctions or other legal restrictions of any country, international organization or other jurisdiction.

If you create an Account or use the Platform on behalf of a business entity, you represent that you are authorised to act on behalf of such business and bind the business to these Terms and Conditions. Such Account is deemed to be owned and controlled by the business entity.

Furthermore you represent, warrant and agree that you will not:

  • use the Platform to defraud any person or entity;

  • impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

  • manipulate feedback through multiple Accounts or third parties by leaving positive feedback for yourself or unjustified negative feedback for another user; or

  • engage in any activity that would create liability for us.

18. Our Platform is intended for B2B use

Our Platform is intended to connect businesses wishing to buy and sell goods. It is not intended for retail consumers. To the extent permitted by law,when you purchase goods on our Platform, you do so as a business, and rights which would apply to you by virtue of being a consumer do not apply.

19. We are not responsible for viruses and you must not introduce them

We do not guarantee that our Platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.

You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform.We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

20. Rules about linking to our Platform

For as long as you have a User Agreement with us, you may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Platform in any website that is not owned by you.

Our Platform must not be framed on any other Platform.

We reserve the right to withdraw linking permission without notice.

21. You indemnity us for your breach of these and other Terms

You indemnify us for any cost, loss, expense of fee, including legal fees, arising out of or in connection with your breach of these Terms and Conditions and any other terms you have agreed to in using the Platform.

22. Which country’s laws apply to any disputes?

These Terms and Conditions and any dispute arising out of or in connection with them are governed by and construed in accordance with the laws applicable in Abu Dhabi Global Market.

We may take action against you to enforce these terms in any court of competent jurisdiction.