The following Membership terms and conditions (Membership Terms) govern access to, and use (as a member) of Member terms and conditions (the website), including but not limited to:
The website and the content uploaded to the website are available to be viewed by any person browsing the internet but only a person, who has agreed to the Membership Terms, is able to sell and buy Products.
Once you click “I agree” you will be deemed to have agreed to the Membership Terms and a legally binding contract, incorporating those Membership Terms, will then exist between you and Member terms and conditions in relation to your use of the website.”
If you do not want to agree to these Membership Terms, you should navigate away from this page.
If you agree to be bound by the Membership Terms on behalf of a third party (which may include your employer or other entity) named in the details you provide before clicking “I agree”, you represent and warrant that you have the full legal authority to bind that third party to the Membership Terms. If you do not have the authority to do so, then you must not agree to be bound by the Membership Terms or use the website on behalf of the such third party.
In these Membership Terms:
- Buyer means a Member who buys Products made available for sale on the Sites.
- Seller means a Member who makes Products available for sale non-exclusively the website.
- Payment Agent means any payment agent or method approved by Member terms and conditions from time to time including, but not limited to, PayPal and Skrill Moneybookers.
- Products mean products available for sale on the website including, but not limited to source code components and other forms of content in the form of creative digital computer files.
- In these Membership Terms, a reference to “we” or “us” means Member terms and conditions and a reference to “you” or “your” means a Member.
You may only become a Member if you are 18 years or over.
You do not have an automatic entitlement to Membership and Member terms and conditions may, at its sole discretion, elect to:
- refuse your request to become a Member; or
- once Membership is granted, suspend, terminate or restrict your Membership at any time.
Member terms and conditions is not obliged to give reasons for any decision it makes to suspend, terminate or restrict your Membership or to reject your request to become a Member.
Your Membership is non-transferable.
Once Membership is granted you will only be able to access all areas of the website with use of the username and password you set up at the time you become a Member.
You are responsible for each and every access or use of the website that occurs in conjunction with use of your username and password.
Use of your username and password is conclusive evidence that you have accessed the Membership sections of the website.
You must use all reasonable efforts to keep your username and password confidential.
You must not allow any third party to access the Sites using your username and password and make use of the website on your behalf.
You must notify Member terms and conditions in writing as soon as you become aware of any unauthorized use of your Member Account, username or password.
You acknowledge and agree that you are liable for, and will indemnify Member terms and conditions, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the website as a Member.
Member terms and conditions’ Role
The website is an online facility that allows you to sell, and buy, Products.
Ownership of Products remains with the Seller. Member terms and conditions do not obtain any right of ownership or use (including any intellectual property rights) in respect of the Products.
Member terms and conditions do not have any control over and do not take any responsibility for, the quality, safety, or legality of any Products downloaded by you from the website.
Member terms and conditions do not warrant that the Products or any content, code, data, or materials downloaded from the website do not infringe the intellectual property rights of a third party. Each Seller is required to warrant that its Product does not infringe the intellectual property rights of any third party.
Fees and Services
Membership is free.
You do not have to pay a fee to offer Products for sale on the website.
If you are a Buyer of a Product, you will pay a fee to buy the right to use that Product according to the seller license.
If you are a Seller, you will receive the fee paid by the Buyer (less the commission to which Member terms). The fee is collected by Member terms and conditions for each sale of your Products to a Buyer.
The purchase commission obtained by the sellers is paid at the beginning of each month and the products sold must have exceeded the warranty period “30 days from the date of purchase”
All payments by Buyers on the website must be paid using a Payment Agent.
You are responsible for paying all fees and taxes (including withholding tax), associated with your use of the website wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
All references on the website or in this Membership Terms to “$” and “dollars” are to the virtual currency of Member terms and conditions, known as the Member terms and conditions Credit.
The Buyer is responsible for all costs of currency conversion from his or her preferred currency to the US Dollar, which in turn will be converted to the Member terms and conditions Credit at time of purchase at no cost to the Buyer.
Where a payment is made by Member terms and conditions to a Seller, the Seller is responsible for all costs of converting the amount of the payment from US currency into his or her preferred currency.
When you want to become a Member and use the website, you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate, and complete.
Any Member Information that you disclose may be used by Member terms and conditions, its agents and contractors in relation to the provision of services accessible on the Sites, including marketing activities in relation to the website.
When you become a member, you will have one account that you can access from the website. Multiple accounts are not allowed and any multiple accounts will be closed permanently.
Member terms and conditions will pay to you amounts earned by you as a Seller and Referral Commissions earned by you in the following conditions:
You acknowledge that Member terms and conditions reserve the right to pay any Earnings to you, at any time, at its sole discretion.
You ask Member terms and conditions to hold all sums credited to your Member Ledger until such time as you request payment. You acknowledge that, unless Member terms and conditions exercises its discretion to pay Earnings to you, it will continue to hold any Earnings until it receives your request for payment. Any activity on your Member Ledger such as purchases and sales will be taken to be a restatement and confirmation of this wish.
You must provide Member terms and conditions with the correct account details and payment method when you want to receive a payout. Member terms and conditions will make payments in regard to specific classes of sums as follows:
You can request the withdrawal of profits at any time, but the transfer will be made at the beginning of the month. The minimum profit is $5, and there is no maximum profit.
If Member terms and conditions is unable to pay Earnings to you because:
- we do not have the correct account details or EFT details;
- we are unable to contact you using the contact details that you have supplied;
- you have not made a request for payment; or
you are asking for payment to be made to a person, or to an institution in a country, that Member terms and conditions is prohibited from making payments to at law or where there are limitations in the banking systems.
All Earnings will continue to be held by Member terms and conditions in accordance with your instructions to hold all sums credited to your Member Ledger.
Member terms and conditions will not pay any Earnings standing to your credit in your Member Ledger which are less than $5.00 in total but you may use these to buy Products.
You must bear all expenses incurred by Member terms and conditions in paying monies to you. Payments made via a SWIFT transfer incur a processing fee of $35 for each payment.
SWIFT, Payoneer, and Payment Agent standard terms and conditions regarding refunds, chargeback, fees, and unauthorized transactions will apply and you authorize Member terms and conditions to automatically deduct such refunds, chargeback, fees, and unauthorized transactions from the Member Ledger.
Member terms and conditions may include your Products in promotions such as an Member terms and conditions bundle (bundle). If your Product is selected to be part of a bundle, you’ll be informed about how to calculate the revenue your Product can earn as a proportion of the total bundle when included in it, and any change of commission rate applying to your Product in the bundle. When you are notified of your Product’s selection to be included as part of a bundle you will be told when the bundle offer will be run and how much time you have to opt out of the bundle. If you do not opt out within the time frame specified, you agree that your Product will be offered for sale as part of the bundle.
All specifics of bundles are made at our sole discretion (regardless of current commission rates, your sales or your exclusivity status). Sales of bundles will not be counted towards your marketplace sales for the purpose of calculating the marketplace commission on your non-bundle Products.
You acknowledge that it can take several weeks to process and apportion bundle payments and that your Member Ledger will not be credited immediately.
Sometimes we might negotiate volume or other arrangements with Buyers as part of our creation of business development opportunities for Sellers (special deals). You give us permission to negotiate special deals.
Changes to pricing: Special deals might involve Products being sold for prices that are different to the advertised prices on Sites. This means that the fee payable to you is based on the revenue generated from the sales of your Products via our site, which may not always be determined by reference to the advertised price.
Changes to commission: Special deals might also involve a change to the commission rate for a Product for a particular special deal (as well as the price). You will be given the opportunity to opt out of participating in a special deal that changes the commission rate for a Product selected for a special deal within the time frame we set out when we make the offer to you.
Additional license terms: Special deals might also involve you entering supplementary licensing arrangements to allow the Buyer to use your Product in particular ways. If these supplementary licenses are substantially different from the standard marketplace licenses, you will also be given the opportunity to opt out of participating in the special deal within the time frame we set out when we make the offer to you.
The law may confer rights and remedies on you in relation to the provision of goods or services on the website which cannot be excluded, restricted or modified by Member terms and conditions (Non-excludable Rights).
Member terms and conditions does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- all content and services on the website is provided “as is” and without warranties of any kind, either express or implied;
- Member terms and conditions and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- Member terms and conditions does not warrant that the functions contained in any content or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits content to you are free of viruses or any other harmful components; and
- Member terms and conditions does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the part of Member terms and conditions) will Member terms and conditions or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website.
To the fullest extent permitted by law, Member terms and conditions’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Member terms and conditions to the following:
- in the case of services supplied or offered by Member terms and conditions:
- the supply of the services again;
- the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by Member terms and conditions:
- the replacement of the goods or the supply of equivalent goods; or
- The payment of the cost of replacing the goods or acquiring equivalent goods.
When you buy a Product, you acquire a license to use that Product from the Seller of the Product.
The different types of licenses and the conditions of use are set out in the licensing page.
Depending on the use you want to make of a Product, you will need to select the correct license required by you. You are responsible for choosing, and warrant that you have chosen, the correct license to meet your requirements. You acknowledge that Member terms and conditions has the right to enforce against you the terms of any license that you have from a Seller.
If you buy a Product, you do so on the following terms:
- you cannot cancel an order for a Product once the order has been submitted;
- Member terms and conditions does not give any undertaking as to the continued availability of Products offered for sale on the website;
- once your order for a Product is accepted, and you pay the fee, you acquire a non-exclusive license to use the Product in accordance with the conditions of the license that you acquire;
- ownership of the Product remains with the Seller;
- payment of the fee will be made at the time of purchase; and
- Sellers are not permitted to buy any of their own Products.
Who can sell on Kenzly?
Once you’ve created a Kenzly Account you can start uploading your items to sell on Kenzly Market.
Selling on Kenzly is very simple and without complications, and you can start directly selling your products if you:
- Freelancer "selling products and services"
- Web developers "individuals - companies"
- Websites that sell digital products
- Books and Libraries "e-books only"
- Software "individuals - companies" are “downloadable products only and are not sold on CDs or other storage devices that require shipping.”
- Graphic and video designers
- Subscription Services
- Electronic gift cards
- Course Providers
- Sellers who offer digital products of other types
As a Seller, you must:
- ensure all copies of your Products bear a notice of ownership of the intellectual property rights in your Products;
- not offer to or sell to Members any of your Products that have not been approved by Member terms and conditions;
- notify us of any information which may affect or assist in sales of your Product(s);
- provide us with full and accurate information regarding enhancements and new releases of your Products;
- act in good faith at all times and provide such assistance and co-operation as we reasonably request; and
- to the extent practicable, maintain registrations of all relevant intellectual property rights and of all names relating in any way to your Products.
You acknowledge and agree that any Product offered for sale by you on Sites must first be submitted to Member terms and conditions to enable it to check the quality of the Product and the information provided with the Product.
Member terms and conditions may refuse, in its sole discretion, to allow you to offer the Product for sale on the website. Member terms and conditions is not required to give reasons for refusing to allow you to offer a Product for sale on the website.
You acknowledge and agree that if Member terms and conditions determines, in its absolute discretion, or is notified by a third party, that a Product that you offer for sale on the website does not comply with any applicable laws and/or these Membership Terms, Member terms and conditions may disable your Member Account and Member Ledger and withhold all amounts that you may have earned from the sale of the relevant Product until the earlier of:
- any dispute in relation to the Product has been resolved to the satisfaction of Member terms and conditions; and
- the expiry of two years from the date your Member Account and Member Ledger is disabled.
If after two years, the dispute has not been resolved, Member terms and conditions will pay amounts standing to your credit in your Member Ledger to you in accordance with clause 13.
You acknowledge and agree that Member terms and conditions will, in its sole discretion, determine the fee payable for each Product on the website.
Products on the website are continuously reviewed to ensure the library remains consistent with Member terms and conditions’s latest quality and technical standards, currency of software and market trends.
You acknowledge and agree that Member terms and conditions may, at its sole discretion, elect at any time and for any reason to remove your Products from the website without notice to you. Member terms and conditions is not responsible for any loss that you may suffer as a result a Product being removed from any of the website by Member terms and conditions.
Member terms and conditions is not liable for any loss suffered by you as a result of a Buyer making use of a Product that you offer for sale on the website contrary to the conditions on which the Product was sold to the Buyer.
You are free to sell the Product on other web sites or through other outlets as you see fit.
You agree and acknowledge that Member terms and conditions may use the whole or any part of a Product which you offer for sale at Member terms and conditions to promote the website. This promotional use may include use on a features page on a site itself, or on other sites (eg social networks). No compensation is due or payable for such uses of your Product.
You agree and acknowledge that an Member terms and conditions affiliate can use your previews in their promotion of the website. No compensation is due or payable for such uses of your preview.
You agree that a Seller may use a preview of your Product in a preview of another Product without requiring permission from you, without violating your copyright and without providing monetary compensation to you. The Seller must credit such usage by providing a link to your Product.
You authorize Member terms and conditions to submit a DMCA notice to others on your behalf regarding unauthorized use or copies of your Products made elsewhere (without obligation and at Member terms and conditions’s sole discretion).
You warrant to Member terms and conditions and each Buyer that, as a Seller, in relation to each Product that you offer for sale on the website:
- you own the intellectual property rights in that Product;
- that Product does not infringe the intellectual property rights of a third party;
- that Product is not false, inaccurate or misleading;
- that Product is not fraudulent, stolen or an unlawful item;
- that Product does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices or fair trading laws);
- that Product is not defamatory, unlawfully threatening or unlawfully harassing;
- that Product is not obscene and does not contain child pornography and does not constitute or contain material that is adult in nature or harmful to person under the age of 18 years;
- that Product does not contain any content that may be considered as prohibited or potentially prohibited content for the purposes of broadcasting according to Estonian law;
- that Product does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- that Product would not create liability for Member terms and conditions or cause us to lose (in whole or in part) the services of its ISP or other suppliers; and
- that Product would not cause Member terms and conditions to violate any applicable law, statute, ordinance or regulation by making it available on the Sites.
Last updated: September 25, 2022:
We reserve the right to modify our Member terms at any time, so please review them frequently. If we decide to change these Member terms in any way, we will notify you here, and by email too. In all cases, your continued use of any Services constitutes acceptance of any such changes.