1. O-Marche

1.1. The O-Marche service (“the Application”) is currently offered to you by Sumire Kobayashi, whose registered address is located in Ixelles, Belgium, and having as VAT number BE0773611127. We intend to transition the Application’s operations to Kirin Creatives once it is formally established. Until then, references to “Kirin Creatives”, “we”, or “us” should be understood as referring to Sumire Kobayashi.
1.2. A “User” of the Application or other services is any person who uses the Application.
1.3. A “Group” within the Application refers to a virtual assembly or collection of Users, created either by us or by the Users themselves.
1.4. A “Member” of the Application is any User who has registered as a member of a Group.
1.5. A “Group Admin” is a Member within a specific Group who possesses administrative rights exclusive to that Group. These rights include actions such as accepting or rejecting Members wishing to join the Group and promoting or demoting Members to or from the Group Admin status, among other responsibilities.
1.6. A “Group Owner” is the Group Admin who is responsible for the ongoing existence of the Group. A Group cannot exist without a Group Owner. The Group Owner cannot be removed through the Application’s functionalities. Should there be a need to transfer the Group Owner’s role to another Group Admin, the current Group Owner must initiate this process by directly contacting us.
1.7. These terms of use (the “Terms of Use” or “Terms of Service”) apply (i) to all use and operations of the Application, (ii) to the services offered by the Application and (iii) to all agreements concluded in this regard with us.
1.8. By accessing or using the Application, you agree to abide by these Terms of Use, establishing an agreement between you (“User”) and us.

2. Privacy

2.1. Personal data
Personal data is data about a natural person that identifies that natural person. An identifiable natural person is a person who can be identified, directly or indirectly, by an identifier such as a name, an email address, an identification number, location data, an online identifier or one or more specific factors, the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
We do not consider personal data to be data that has been made anonymous or aggregated so that it can no longer be used to identify a specific natural person, whether in combination with other data or otherwise.
We may collect personal data when you use our Application, update or add data to your account, and participate in chat discussions.
An email address is required to sign up to our services. It is also required to agree to our Terms of Service in order to use our Application. Providing all other personal data is voluntary, but may be required in order to be able to use some of our Services, such as data about your Group, contact details that are necessary in order to create a Group or extra email addresses for extra features.
We may also collect personal data from other sources, as described below.

2.2. Personal data you provide to us when you register for an account with us:
2.2.1. Your email address.
2.2.2. When applicable, additional information as required or permitted by applicable law for the purposes of verifying your identity, ensuring compliance with our identity verification obligations, or conducting due diligence on the information we could have collected.

2.3. Personal data that we may collect automatically when you use our Application:
2.3.1. Data about your interaction with our Application. This is data that we receive from the mobile devices you use when you access our Application. This data may include a unique device token that is necessary to receive push notifications, or to diagnose and resolve technical issues or bugs.
2.3.2. Location data of your mobile device, if you choose to enable this feature. Remember that with most mobile devices, you can manage or disable the use of location services in your device settings menu.

2.4. Usage of Personal Data
2.4.1. We currently do not send newsletters or marketing communications and do not use your personal data for such purposes. Should this change in the future, we will explicitly seek your consent before doing so.
2.4.2. Contractual necessity: We process your data as it’s essential for the execution and delivery of the Application’s core functionalities. This includes activities such as setting up your account, enabling you to log in, managing your account settings, and ensuring that the Application operates seamlessly to provide you with its intended services.
2.4.3. Pursuit of Legitimate Interests: We sometimes process your data based on our legitimate interests, ensuring that these interests do not infringe upon your rights and privacy. This includes:
2.4.3.1. Customer Support: Assisting you with inquiries and addressing any concerns related to the Application.
2.4.3.2. Application Enhancement: Analyzing aggregated, anonymized data to improve the Application’s performance and your user experience.
2.4.3.3. Security Measures: Monitoring the Application’s activities to prevent fraudulent actions and ensure a secure environment.
2.4.4. Legal Obligation: Sometimes, we may have a legal obligation to process personal data. This might include legal requests, complying with law enforcement or other governmental agency requests in accordance with applicable law.

2.5. User Rights
As a User, you have several rights concerning your personal data. These rights are:
2.5.1. Right of Access: You have the right to request a copy of the personal data we hold about you.
2.5.2. Right to Rectification: If you believe that any personal data we hold about you is inaccurate or incomplete, you can request its correction. We will address your request as soon as possible.
2.5.3. Right to Erasure (‘Right to be Forgotten’): You can request the deletion of your personal data, including your account, at any time. To do this, navigate to the Profile menu within the Application.
2.5.4. Right to Restrict Processing: You have the right to ask us to suspend the processing of your personal data in specific scenarios, such as if you want us to verify its accuracy or our reason for processing it.
2.5.5. Right to Data Portability: You can request the transfer of your personal data to you or a third party in a structured, commonly used, machine-readable format. Note that this right only applies when our processing is based on your consent or a contract and when carried out by automated means.
2.5.6. Right to Object: You have the right to object to the processing of your personal data where we are relying on a legitimate interest and there is something about your specific situation that makes you want to object to processing.
2.5.7. Rights Related to Automated Decision Making and Profiling: If we make an automated decision (including profiling) about you that has legal effects or significantly affects you, you have the right to challenge such decisions, request human intervention, and express your point of view.

If you wish to exercise any of these rights, please contact us. We may need to request specific information from you to help us confirm your identity for security purposes.

2.6. No Sale of Personal Data
Kirin Creatives values your trust and is dedicated to protecting your personal data. We affirm that we do not engage in financial transactions involving the sale, rental, or lease of your personal data to other parties for their commercial use. Your data is exclusively utilized to enhance your experience and facilitate the functionality of the Application, and any use beyond this scope will be executed only with explicit user consent.

3. Minors

The services offered by Kirin Creatives are accessible to anyone who has installed, created a user account on our Application and joined a Group. The legal representatives of minors are solely responsible for giving their consent to minors to use our Application.

4. Unauthorized use of the Application

The User can use the Application assuming all responsibility, and agrees to the following:

4.1. Any illegal action is prohibited
4.2. Any action of a criminal nature, or which promotes or encourages criminal actions is prohibited
4.3. Any action that can be perceived as an offense against public order is prohibited
4.4. Any fraud or blackmail against Users of the Application or third parties is prohibited
4.5. Any action that may violate the privacy, copyright, intellectual property, or any other right and interest of Users of the Application or third parties is prohibited
4.6. Any attempt to illegally access the Application’s system or services offered by Kirin Creatives is prohibited
4.7. Users are not permitted to copy, reproduce, or publicly disclose any content from the Application, except through features provided by the app that are expressly designed for that purpose.
4.8. The User is not authorized to collect personal information from other Users and/or to directly or indirectly approach the Users to offer them their own products and/or services.
4.9. The User is not allowed to post hyperlinks to Ads of any other website.
4.10. It is prohibited to (i) place Advertisements on the Application via an automated system (such as bots) or in any other way and (ii) place Advertisements in the name or on behalf of third parties.
4.11. The User agrees not to use the Application or its content for any commercial purpose, including but not limited to resale or redistribution.

5. Misuse of the Application and the related consequences

5.1. To report illegal Ads and infractions, offensive content and other issues, please use one of the features available for this purpose, namely, “Report Post” and / or “Report User”, so that together we can ensure that O-Marche remains free from inappropriate content and as secure as possible. Kirin Creatives cannot be held responsible for arrangements and affairs made between Users of the Application. Group admins cannot be held responsible for any disputes between users and other Group members.
5.2. If we receive instructions and / or complaints from other Users or if, for other reasons, we believe that a User is not acting in accordance with the law and / or the Terms of Use and / or other regulations, we may – if we see a reason to do so – for security reasons and in order to protect our users, among others, take the measures set out below. We may also take these steps if you use the Application unreasonably, for example if your use hinders other users or interferes with the proper functioning of the Application:
5.2.1. Exclude the User in question from the services of the Application or limit certain functionalities for that User. This may include, but is not limited to, suspension of the User’s account, or limiting their ability to publish.
5.2.2. Remove one or more of User’s posts and/or Groups.
5.3. Examples of violations of the Terms of Service:
5.3.1. Selling any animal, exotic or companion, is not permitted.
5.3.2. Advertisements promoting quick financial gains, instant wealth, or featuring premium-rate phone numbers are prohibited.
5.3.3. Kirin Creatives retains the right to delete any posts that appear to be advertisements or services published without our prior approval.
5.3.4. It is not allowed to place posts with inappropriate content in the Application. Kirin Creatives reserves the right to believe that a post is inappropriate or improper. Posts considered inappropriate content, but not limited to this list, may include Nazi symbols, violence and obscene content.
5.3.5. It is forbidden to place posts in the Application which promote discrimination in all its forms.
5.3.6. It is prohibited to place posts in the Application that promote suicide or any behavior or expressions that would encourage any harm.
5.3.7. It is prohibited to place posts in the Application for the sale or purchase of drugs of any kind and of products or materials designed for the use or manufacture of drugs of any kind.
5.3.8. It is prohibited to place posts in the Application for the sale of counterfeit coins or counterfeit stamps. The term money covers, among others, paper money, coins, stocks and other securities. This prohibition also applies to the device with which these illegal articles can be made.
5.3.9. It is prohibited to place posts in the Application for the sale or purchase of human beings, human body parts and human tissue.
5.4. Within the framework of the aforementioned measures, Kirin Creatives may process the personal data of the persons concerned. If this is justified, Kirin Creatives can, within the legal limits, transmit the personal data of the persons concerned, for example to the police. The procedure is described in more detail in the “Privacy” section.
5.5. Termination of Access
Kirin Creatives may limit or terminate your access to the Application without notice for any conduct that violates these terms or is harmful to Kirin Creatives, its users, or third parties, or for any other reason.

6. No Guarantees

6.1. Service Expectations
We strive to offer top-notch services but can’t guarantee they will always meet your expectations. Also, while we aim for seamless operation, we cannot promise that our Application will always be free from flaws or always be available.
6.2. Information Accuracy
While we do our best to present accurate information, please be aware that our Application may contain typographical or other errors.

7. Legal Limitations & User Responsibilities

7.1. Disclaimer of Warranties:
All items and services on the Application are provided “as-is”. Kirin Creatives makes no representations or warranties of any kind, express or implied, about the condition, authenticity, legality, or accuracy of items or services available through the Application.
7.2. Limitation of Liability:
Within the legal limits, Kirin Creatives isn’t liable for damages you might experience through:
7.2.1. Your use of our services;
7.2.2. Issues with Application availability or security;
7.2.3. Misinformation within the Application;
7.2.4. Purchases or use of products/services via the Application;
7.2.5. Any changes to our services or the Application.
This includes, but is not limited to, direct, indirect, incidental, punitive, and consequential damages.
7.3. Indemnification:
Users agree to indemnify, defend, and hold harmless Kirin Creatives from any claims, damages, liabilities, losses, costs, or expenses, including attorney fees, arising from their use of the Application or violation of this agreement.
7.4. No Agency Relationship:
Our Application may enable users to connect directly, but Kirin Creatives is not an agent, broker, or representative for any user and does not endorse any item, service, or user. We are merely a facilitator and are not involved in, nor responsible for, any agreements, negotiations, or transactions between users.
7.5. Dispute Resolution & Governing Law:
Any disputes arising from the use of the Application or this agreement shall be resolved through arbitration in Belgium. This agreement shall be governed by and construed in accordance with the laws of Belgium.
7.6. Release:
In the event of a dispute between users, you release Kirin Creatives from claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
7.7. User Conduct & Responsibilities:
Your use of the Application is at your own risk. You agree not to post prohibited items, misrepresent items, and to meet all payment and delivery terms. Users are responsible for all activities conducted under their account and for safeguarding their account details.
7.8. Transaction Disclaimer:
Kirin Creatives does not oversee the legality, quality, safety, or other aspects of products/services offered in posts. We act as a platform, and are not involved in the actual transaction between buyers and sellers. As such, we have no control over and do not guarantee the quality, safety, or legality of items transacted.
7.9. Information Storage:
Kirin Creatives acts as a service provider, storing information supplied by users, as defined in article XII. 19, §1 of the Code of Economic Law.
7.10. Non-Paying User:
Kirin Creatives has no financial obligations to non-paying users under any circumstances.
7.11. Paying User:
If a paying user can prove a fault of Kirin Creatives, any claims can’t exceed the equivalent of one month’s payment. No claims can be made for personal, direct, indirect, or future damages, nor for loss of profit.

8. Changes to Our Service and Application

Kirin Creatives reserves the right to modify, suspend, or discontinue any aspect of our services or the Application at any time without prior notice.

9. Third party application and services

9.1. The Application may contain links (e.g. hyperlinks or banners) to, or may make use of, third party websites and services which are not owned by Kirin Creatives and which are not controlled by Kirin Creatives (e.g. , and not limited to Google Maps API).
9.2. Kirin Creatives has no control over, and is not responsible for, the content, policies, terms of use or operation of any third party websites or services. If you use these, you are subject to the policies and terms of application use provided by those third parties.
9.3. If the Application operates on the basis of Google services (e.g. Google Maps API), you agree to be bound by Google’s terms of service.
9.4. If the Application uses Apple’s iOS operating system, you should take into consideration the following terms of use and policies:
9.4.1. Apple is not a party to the Terms of Service of Kirin Creatives. Apple is not responsible for the Application of Kirin Creatives or its content;
9.4.2. Kirin Creatives only grants you the right to use the Kirin Creatives’s Application on an iOS product owned or controlled by you, and in accordance with what is permitted by the rules of use set out in the terms of use of the App Store;
9.4.3. Apple has no obligation to provide maintenance or support services in connection with the Application;
9.4.4. Apple is not responsible for the defense, investigation or resolution of intellectual rights claims brought by any third party;
9.4.5. Apple is not responsible for the handling of any claims made by you or any third party in connection with the Application or based on your possession and / or use of the Application, including, but not limited to: claims concerning product liability, complaints concerning the non-compliance of the Application with the laws and regulations in force and complaints concerning the protection of consumers or complaints based on similar legislation;
9.4.6. Apple and its subsidiaries are third party beneficiaries of these Terms of Service, and by your acceptance of the Terms of Service, you agree that Apple is entitled, as third party beneficiary (and Apple will be deemed to have accepted that right. ) invoke these Terms of Service against you.
9.5. By using the Application or other Kirin Creatives services, you expressly release Kirin Creatives from any liability that may arise out of your use of any application, website or service of any third party to which you have access.
9.6. The User exonerates Kirin Creatives from any liability towards third parties in connection with the damage suffered by (i) entering into a contract or entering into negotiations on the basis of an Announcement and (ii) the use of products or services offered through the Application.

10. Getting in Touch with Kirin Creatives

10.1. Complaint Management
For complaints about the Application, reach us by email (contact@kirincreatives.com). Especially for issues like alleged violations of Regulation (EU) 2019/1150, technical difficulties, or any serious inconveniences caused by Kirin Creatives actions, ensure to communicate with us within one month of discovering the issue.
10.2. Response Timing
Upon receiving your email, we will strive to respond and address your concerns promptly.
10.3. Language of Support
Customer support and all communications from Kirin Creatives will only be available in English and French. Users must use either English or French to communicate with Kirin Creatives for any support-related inquiries or communications.

11. Intellectual Property Respect

11.1. Property Rights
Kirin Creatives owns all intellectual property rights pertaining to the Application’s structure and content, known as “Elements,” and these are offered exclusively for the purpose of utilizing Kirin Creatives Services. The Elements include and are not limited to images, sounds, videos, photographs, logos, brands, graphics, text, visuals, tools, software, documents, data, etc. These Elements are made available to Users for the sole use of Kirin Creatives Services, and within the framework of normal use of its functionalities. Users undertake not to modify the Elements in any way.
11.2. Unauthorized Usage
Illegal use of Application Elements is strictly prohibited and constitutes a legal offense. It can therefore engage the civil and / or criminal liability of its author.
11.3. Restriction on Element Manipulation
Users are forbidden from altering, reverse engineering, or manipulating the Elements in any form.
11.4. Usage Limitations
All Users of Kirin Creatives Services undertake in particular not to:
11.4.1. Use or query Kirin Creatives Services on behalf or for the benefit of others
11.4.2. Extract, for commercial or non-commercial purposes, all or part of the information present in the Application
11.4.3. Reproduce or copy, for commercial or non-commercial purposes, any information from the Application on any other medium in a manner that would allow the reconstruction of any or all of the original files
11.4.4. Use a robot, in particular a crawler (spider), an application for searching or retrieving websites or any other means making it possible to retrieve or index all or part of the content of the Application, except in the case of express authorization from us and Kirin Creatives prerequisite
11.5. Any reproduction, representation, publication, transmission, use, modification or extraction of all or part of the Elements, in any way whatsoever, without the prior written authorization of Kirin Creatives is illegal. These illicit acts engage the responsibility of their authors and are likely to lead to legal proceedings against them and in particular for infringement.

12. Miscellaneous Provisions

12.1. Verbal Agreements
All communication and agreements with Kirin Creatives should be in writing. Any oral agreements or discussions are not considered binding.
12.2. Non-Waiver Clause
Failure by Kirin Creatives to enforce or exercise any provision in these Terms of Use immediately does not constitute a waiver of rights to do so in the future.
12.3. Validity of Provisions
Should any provision of these Terms of Use be deemed invalid or unenforceable, the remainder of the provisions shall remain in full force and effect, maintaining, to the extent possible, the intent of the original Terms of Use.
12.4. Governing Law and Whole Agreement
These Terms of Service encapsulate the entire agreement between you and Kirin Creatives, superseding any prior agreements. Any disputes or claims arising from or in connection with these Terms of Use, including their formulation, legality, breach, termination, or validity, shall be governed and construed in accordance with Belgian law.
12.5 Group Admins have the necessary permissions to manage the status of other Group members. They can nominate other Group members, demote them as admins, add and remove Group members, without having to explicitly explain why they did so.

13. Updates to the Terms of Use

13.1 Changes and Notices
Kirin Creatives reserves the right to modify these Terms of Use at any time. While changes will generally be effective immediately and the revised Terms of Use will be posted on the website and the Application immediately, we are committed to the principles of transparency and respect for user privacy. Therefore, in the event of significant changes, we will endeavor to notify our users via email. Please check the latest information posted herein to inform yourself of any changes.
13.2. Continued Use Constitutes Acceptance
Your continued use of the Application following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.