Khamango

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Terms of Service

WEBSITE TERMS AND CONDITIONS OF USE


About the Website

Welcome to khamango.com.au (Website). The Website facilitates interactions between:

  • Parties providing services (Provider), and
  • Parties receiving services (Receiver),

making it easier for the Receiver and the Provider to locate, communicate, arrange payment, and deliver services in a fast and secure manner (Services).

The Website is operated by Khamango. Access to and use of the Website, or any of its associated products or Services, is provided by Khamango. Please read these terms and conditions (Terms) carefully. By using, browsing, and/or reading the Website, you signify that you have read, understood, and agree to be bound by the Terms. If you do not agree, you must cease usage of the Website or any of its products or Services immediately.

Khamango reserves the right to review and change any of the Terms by updating this page at its sole discretion. When updated, Khamango will endeavour to provide notice of changes. Changes to the Terms take immediate effect from the date of their publication. We recommend keeping a copy of the Terms for your records.


Acceptance of the Terms

You accept the Terms by:

  1. Registering for the Services, and/or
  2. Making any payment as required under the Terms for use of the Services.

You may also accept the Terms by clicking to accept or agree where this option is made available on the Website.


The Services

To access the Services, both the Receiver and the Provider must register for an account on the Website (Account). During registration or continued use, you may be required to provide personal information such as:

  • Full Legal Name
  • Address
  • Email Address
  • Preferred Username
  • Mailing Address
  • Telephone Number
  • Password

You warrant that all information provided to Khamango is accurate, correct, and up-to-date. We will verify this information to ensure the identity of Website users.

Once registration is complete, you become a registered member of the Website (Member) and agree to be bound by the Terms. You may not use the Services if:

  • You are not of legal age to form a binding contract with Khamango, or
  • You are prohibited by law from receiving the Services.

Your Obligations as a Member

As a Member, you agree to:

  • Not share your profile with others.
  • Use the Services for purposes permitted by the Terms and applicable laws.
  • Keep your password confidential.
  • Notify Khamango immediately of unauthorised password use or security breaches.
  • Not impersonate other Members or use their profiles.
  • Ensure that any content you publish on the Website (Your Content) is accurate and up-to-date.
  • Not harass, stalk, or threaten other Members.
  • Use the Website solely for lawful purposes.

Failure to adhere to these obligations may result in termination of the Services.


Using the Website as the Receiver

As a Receiver, you agree to:

  1. Use the Website to browse biodiversity credits and associated information.
  2. Provide accurate details about your requirements.
  3. Communicate professionally with Providers.
  4. Complete payments using approved methods.
  5. Pay the commission fee for transactions initiated on the Website.
  6. Comply with applicable laws and these Terms.

Failure to meet these obligations may restrict your access to the Website.


Using the Website as the Provider

As a Provider, you agree to:

  1. List biodiversity credits accurately.
  2. Respond promptly to inquiries.
  3. Honour agreed transactions.
  4. Pay Khamango the stated commission for all transactions.
  5. Not list fraudulent or misleading information.

Khamango reserves the right to moderate or remove non-compliant listings.


Payment

By using the Services, you agree to the following:

  • Sellers pay 2% of the transaction value.
  • Buyers pay 5% of the transaction value.

Fees are due at the time of the transaction. Payments are made through the process outlined on the Website.


Refund Policy

Providers must comply with Australian Consumer Law. Khamango acts as a facilitator and holds no liability for refunds. If a Receiver seeks a refund:

  1. Contact the Provider directly.
  2. If unsuccessful after 14 days, contact Khamango through the Website.

If a refund is agreed upon, the Provider must instruct Khamango to process it.


Copyright and Intellectual Property

The Website and Services are protected by copyright under Australian law. All trademarks, service marks, and trade names are owned by Khamango. You are granted a limited license to use the Website for personal, non-commercial purposes.

You may not broadcast, republish, or distribute any content without written permission from Khamango.


Privacy

Khamango values your privacy. Information provided during your use of the Website is subject to Khamango’s Privacy Policy, available on the Website.


General Disclaimer

Khamango provides the Website and Services "as is" without warranty. Khamango is not liable for:

  • Loss of data or performance failures.
  • Costs incurred by using the Website.
  • Content accuracy or currency.

Your use of the Website is at your own risk.


Limitation of Liability

Khamango’s liability is limited to the resupply of Services. Khamango is not liable for:

  • Loss of profit or goodwill.
  • Indirect or special damages.

Termination of Contract

You may terminate the Terms by providing 7 days' notice via the Website. Khamango may terminate the Terms if:

  • You breach any provision.
  • Required by law.
  • The Services become commercially unviable.

Upon termination, all accrued rights and obligations remain enforceable.


Indemnity

You agree to indemnify Khamango from any claims arising from:

  • Your Content.
  • Unauthorised Website use.

Dispute Resolution

Disputes must be resolved through mediation before initiating legal proceedings. If unresolved after mediation, legal action may be taken.


Venue and Jurisdiction

Disputes will be resolved under the laws of New South Wales, Australia, and courts in New South Wales will have exclusive jurisdiction.


Governing Law

The Terms are governed by the laws of New South Wales, Australia.


Severance

If any part of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect.