Khusan International Inc.
This agreement is between you and Khusan. These property advertising terms and agreements must be accepted and agreed to in order for advertiser to place property advertising using the Khusan website.
I. General
These Terms and Agreements set forth the entire understanding between the parties and supersedes any prior agreements, discussions and representations between the parties, whether written or oral, regarding the subject matter contained herein. All orders shall be subject to Khusan’s then-current Terms and Agreements, which may be revised by Khusan without notice at any time. This agreement shall be governed by and constructed in accordance with international law, without reference to its conflict of laws principles.
a. Prices
Prices are subject to change without prior notice.
b. Payment
Not applicable
c. Delivery of properties Advertisement
Khusan will activate a Member’s properties advertisement upon receipt and approval of content.
d. Cancellation and Refund
Not applicable
e. Location of Promotion Advertisements (banners, etc.)
To be determined.
f. Right to Reject property Advertising
Khusan reserves the right, at its sole discretion, to refuse the provision of property advertising services to any advertiser, reject
any universal resource locator (“URL”) link, or disallow a particular site and/or listing from becoming a advertiser. Without limiting the foregoing, the following property advertisements and/or sites are prohibited by Khusan: (a) those containing inappropriate adult or pornographic material, and/or links to inappropriate adult or pornographic material, or nudity; (b) those that promote or encourage illegal activity, violence, or racism and/or provide instructions or discussions about illegal, violent or racist activity; (c) those that promote or utilize software or services designed to deliver unsolicited e-mail; (d) those that promote illegal business practices; (e) those with products or properties advertisements that are, in Khusan’s sole and absolute judgment, offensive or inappropriate; (f) those that violate any applicable law, regulation or third party rights; and (g)
any property advertising that Khusan determines could result in legal liability or adverse publicity to Khusan such as offensive, inaccurate, defamatory, libelous or slanderous material or material which is potentially infringing on another party’s intellectual property rights. (h) Khusan e-mail members from must abide the rules (above) of Khusan.
g. No Warranties
Khusan’s services are provided without any warranties of any kind. Khusan hereby disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranty of merchantability and fitness for a particular purpose as well as any implied warranties arising from course of dealing or course of performance.
h. Limitation on Liability
Khusan shall not be liable for any (i) content or quality of property advertising (ii) disruptions or interruptions in the Internet which affect Advertiser’s property advertisement, (iii) errors or delays in providing its property advertising services, (iv) loss of Advertiser’s data, (v) damage, disruption, or injury to Advertiser’s web site, or (vi) any delay or failure in performance due to or caused by any events beyond the reasonable control of Khusan.
In no event shall Khusan be liable for any indirect, consequential, punitive, or incidental damages, including but not limited to loss of data, profits or goodwill. Advertiser acknowledges that Khusan’s pricing reflects the allocation of risk. In any event, when we received complains from others than Members uses Khusan e-mail to create malicious acts to other internet users, Khusan has the right to stop the Member from using Khusan’s e-mail. Khusan is not responsible for any damages the member has done to others.
II. Privacy Policy
Information is collected when a user registers for advertising of their properties or takes part in a survey; this information is used for market analysis and can be communicated in broad terms to our property advertisers and business partners. We do not disclose information about specific individuals to any third party.
By accessing this website and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this site or any pages thereof.
1. No Warranty for the website and/or the Content
1.1 This website http://www.khusan.com/ does not warrant the accuracy, adequacy or completeness of this website and/or the content and expressly disclaims liability for errors or omissions in the content. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, is given in conjunction with the content and/or this website.
1.2 Khusan does not warrant any of the content or that this website will be provided uninterrupted or free from errors or that any identified defect will be corrected; further, no warranty is given that this website and the content are free from any virus or other malicious, destructive or corrupting code, program or macro.
2. Intellectual Property
2.1 This website is owned by Khusan. No part or parts hereof may be reproduced, distributed, adapted, modified, republished, displayed, broadcast, hyperlinked, framed or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Khusan. However, you may print the Content on this website for personal, non-commercial use only provided you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content.
2.2 Trademarks and designs owned by Khusan and/or its affiliates. Unauthorized use of any of these trademarks is a violation of International law.
3. Non-confidentiality
You agree that all information and/or particulars sent or submitted by you to Khusan in relation to the access of this website is non-confidential and non-proprietary unless otherwise explicitly indicated by you. You further undertake not to submit any information and/or other content which are or may be offensive, illegal or which may not be lawfully disseminated under international law or that of any other relevant country.
4. Exclusion of liability
Khusan shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special, or
consequential damage, or economic loss arising from or in connection with: (1) any access, use or the inability to access or use this website, or reliance on the Content and/or any information in this website; (2) any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus.
5. Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures reasonably designed to safeguard and secure the information processed online.
III. Real Estate Terms
To best meet the needs of our users while accommodating the wide variety of laws governing the sale of real estate across the globe, Khusan offers advertisements of real estate in a variety of formats. Khusan’s role is soley as a publisher of advertising and venue-provider and below are outlined certain limitations on Khusan’s obligations and liabilities. Your use of the Khusan confirms your agreement to these rules.
a. Khusan
Advertising services on http://www.khusan.com/ are offered by Khusan.
Selling an undivided interest in a land real estate property is not permitted. An undivided interest is defined as a partial interest by two or more people in the same property. This prohibition shall not apply to mineral rights.
Violations of this policy may result in a range of actions, including:
* Listing cancellation
* Limits on account privileges
* Account suspension
* Forfeit of Khusan fees on cancelled listings
* Loss of PowerSeller status
b. Ad Format Items
Khusan offers sellers the option of advertising their property in an “Ad” format. The Advertisement format has the following features:
You can list your asking price. No bidding takes place.
Interested buyers fill out a contact form and their information is sent to you.
You can advertise your property for 30 days or 90 days.
You may revise your item at any time in the advertisement duration.
Advertisement format listings do not result in feedback, because the format aims to generate multiple leads rather than a single high bidder. When this contact information is forwarded to sellers via email, sellers are obliged to treat the potential buyers’ contact information in full compliance with Khusan’s Privacy Policy. This policy prohibits use of the potential buyers’ information for any purpose other than communicating with the potential buyers about the information and services referenced in the item description, unless expressly permitted to do so. Failure to comply with this policy can result in seller expulsion from the Khusan community. Once buyers and sellers make contact through these listings, they can, as noted above, then proceed to discuss off the website purchase terms, including price, inspections, and the like, as is customary in an offline real estate transaction.
c. Private Mortgage Notes
Within Khusan’s pages, Khusan sellers are permitted to advertise for sale certain purchase money notes and mortgages (referred to in these rules as “mortgage notes”). These mortgage notes are created when, in a real estate transaction preceding the offer of the mortgage note on the Khusan site, a purchaser of certain real estate obtains financing for all or a portion of a property from the seller, and executes a note in favor of the seller secured by a mortgage on the real property being purchased. A mortgage note created in this manner may be advertised for sale on Khusan (in either the auction format or ad format) if the following requirements are satisfied:
* the mortgage note must have arisen in connection with a bona fide real estate transaction;
* the interest offered constitutes the entire indebtedness under the note;
* the purchaser will receive the mortgage note by unconditional endorsement, without recourse, together with a full assignment of the mortgage securing the note, both of which the purchaser will hold until satisfaction of the note;
* the mortgage note is offered without any interposed services or other enhancements to be provided by the seller; and,
* the sale of the mortgage note complies with all applicable law.
All mortgage notes are required to be offered only in the “Other Real Estate” category.
d. Privacy of Information
Sellers must treat buyers’ contact information in full compliance with Khusan’s Private Policy above. This policy prohibits sharing the buyer’s information with third parties as well as use of the buyer’s information for any purpose other than communicating with the buyer about the item, unless expressly permitted to do so by the buyer.
e. Real Estate Licensees
Sellers who are licensed as an agent, broker, or other licensed real estate professional must ensure that their item description conforms to all laws and regulations applicable to online advertising of properties by such licensees. These requirements may include, among other things, disclosure of the licensee’s name, any firm with which the licensee is affiliated, office location, and the jurisdiction(s) where the licensee is licensed.
f. Professional Assistance
The purchase and sale of real estate is a complicated matter that is governed by laws, practices and customs that vary significantly from locality to locality. Sellers are advised that many jurisdictions require that you provide a disclosure statement to all prospective buyers regarding the condition of your property. In addition, under the law in certain countries, sellers have an obligation to disclose information on lead-based paint hazards. Members are strongly advised to seek the help of a licensed real estate professional and/or a real estate attorney to help in the negotiation and sale of any real estate.
g. Khusan’s Role as a Venue Provider / Brokerage Relationship (Agency) Disclosure
The role of Khusan in the sale of properties is limited to publishing advertising provided by sellers and providing a venue for
communications about a property. Khusan is not responsible for, and does not engage in, brokering, selling, purchasing, exchanging, or leasing posted properties or providing a “multiple listing service” as that term is traditionally used. Khusan does not counsel sellers or buyers, show properties, negotiate sales contracts, or hold a position of trust and confidence, whether or not in connection with the Khusan website. Accordingly, no brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between Khusan and any seller or buyer of real estate. Khusan makes no representations about properties advertised on Khusan, about the sellers of such properties, about the accuracy of information provided by such sellers, or about the financial capabilities of prospective buyers. Prospective buyers are advised to perform all due diligence before entering into a contract to purchase property, and, as emphasized above, all parties are encouraged to seek the help of a licensed real estate professional and real estate attorney.
h. Conclusion
Khusan want to ensure that sellers and buyers comply with all governmental laws and regulations. Since the sale of real estate is regulated, or may cause harm to Khusan or its members, the sale of real estate on Khusan is restricted.
