TERMS AND CONDITIONS OF USE
1. INTRODUCTION
1.1
Welcome to Klamoroso, trademark of MKTG International FZCO (the “Company,” “we,” “our”) website (“Website”).
Please read the following information carefully before using this Website.
These are the terms, covenants, conditions, and provisions (the “Terms and Conditions”) governing your access to and use of the Company’s Website, including the products or services offered or provided through the Website.
If you do not accept these Terms and Conditions or you do not meet or comply with the provisions, you may not use the Website.
If you choose to continue to use or access this Website, you recognize that the Company has provided valuable consideration by offering this Website free of charge, and in exchange for that valuable consideration, you agree to these Terms and Conditions. Note, however, these Terms and Conditions do not apply to your access or use of, or any data or information that may be collected by any third parties, including any third-party platform, server hosts, or vendors, so please refer to their respective terms and conditions, privacy policies, terms of use, and data practices for more information.
2. ACCEPTANCE AND CONDUCT
2.1
By accessing or using the Website, you accept these Terms and Conditions, and any applicable third-party terms and conditions, privacy policies, terms of use, and/or data practices, and agree to be legally bound by them, and all applicable laws, rules, and regulations associated with your access or use of the Website.
If you do not agree to be bound by these Terms and Conditions, the Privacy Policy, or any other published policy of the Company, you are not authorized to access or use the Website or place any orders through the Website. We reserve the right, in our sole discretion, to modify or update these Terms and Conditions at any time.
Please check the Terms and Conditions each time you visit the Website for the most current version and information.
2.2
These Terms and Conditions apply to the Website and to all products, services, and content contained herein, whether you access such content directly on this Website, you download such content from this Website, or you use any other service offered by the Company.
You are authorized by the Company, provided that you are at least 18 years of age, to access and use the information on the Website, solely for personal, non-commercial use.
The information, materials, and products displayed on the Website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without the Company’s express prior written consent, which may be withheld or conditioned in the Company’s sole and absolute discretion.
Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with the Website, and any reproduction or circumvention of the navigational structure or presentation of the Website or its content, is strictly prohibited. You agree not to use the Website for any unlawful purpose.
2.3
In order to access certain features of the Website, including the placement of orders through the Website, you may be required to create an account with the Company and provide certain Personal Information (as defined in the Privacy Policy of the Company). You are responsible for maintaining the confidentiality of your username(s) and password(s) and are fully responsible for all activities that occur under such username, password, or user account, including all purchases that occur under your username and/or user account. You agree to immediately notify Company in writing of any unauthorized use of the password or account or any other breach of security. You must log out from the account at the end of each session. The Company reserves the right to block your account if it suspects that you have violated these Terms and Conditions.
2.4
If you supply a telephone number in connection with use of the Website, you consent to receive calls or texts at that number, whether manually or automatically dialed or sent, from the Company and/or from participating vendors. If you supply an email address in connection with the use of the Website, you consent to receive electronic communication from the Company, participating vendors or other third-party vendors. You may opt out of these communications by writing to the Company at info@klamoroso.com.
2.5
You agree not to modify the Website or use modified versions of the Website (except if modified by the Company) including for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by the Company for use in accessing the Website.
3. PRIVACY
3.1
Please review the Company’s Privacy Policy, which can be found here, to understand our practices. Information regarding the Company’s processing of Personal Information is set forth in its Privacy Policy and is incorporated into these Terms and Conditions. By using our Website or placing an order with us, you agree that we may use and share your Personal Information, as defined and set forth in the Privacy Policy.
3.2
Specifically, you acknowledge that the Company may collect certain Personal information, share certain Personal Information with third parties, and may contact you periodically, all in accordance with the terms of the Privacy Policy. The Company also reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain Personal Information.
4. OWNERSHIP OF MATERIALS; INTELLECTUAL PROPERTY RIGHTS
4.1
The Website and the products, services, and content contained herein, including without limitation, Company names, product names, images, graphics, text, articles, software, codes, scripts, blogs, information about Company products or services, photos, sounds, videos, website design, interactive features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are the sole property of the Company or its licensors, and are protected by copyright, trademark and other laws (Content and Marks are collectively referred to as “Company IP”). Except for the limited licenses expressly granted to you in these Terms and Conditions, if any, the Company retains all proprietary rights to the Company IP. Without limiting the foregoing, you may not reproduce, copy, modify, display, sell, or distribute the Company IP, or use it in any other way for public or commercial purpose. This includes any code that the Company creates to generate or display the Content or the pages making up the Website. The use of the Company IP on any other website or in a networked computer environment for any purpose is strictly prohibited.
4.2
You must retain all copyright, trademark, service mark and other proprietary notices contained on the Company IP or other Company materials on any authorized copy you make of the Company IP. All other product and service marks contained on the Website are the trademarks of their respective owners. Company IP on the Website is provided to you AS IS for your information and personal use only. The Company reserves all rights not expressly granted in and to the Website and the Company IP. You agree to not engage in the use, copying, or distribution of any of the Company IP other than expressly permitted herein.
If you download or print a copy of the Company IP for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any the Company IP or enforce limitations on use of the Website or the content therein.
If you believe any trademarks, service marks, or logos used on the Website to be the property of someone else, please notify the Company in writing at info@klamoroso.com
5. LICENSES
5.1
The Company hereby grants you a limited, terminable, non-assignable, non-exclusive, revocable right to access and use the Company IP as contemplated herein. All such uses are for your personal, non-commercial use only and shall not be used for any commercial purpose, without Company’s prior written consent, which may be withheld or conditioned in Company’s sole and absolute discretion. You acknowledge that no Company IP may be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without Company’s express prior written consent, which may be withheld or conditioned in Company’s sole and absolute discretion. The Company reserves the right to suspend or terminate your access and use of the Website at any time if Company, in its sole discretion, determines that you are in breach of these Terms and Conditions.
5.2
Any information, including Personal Information (as defined in the Company’s Privacy Policy) provided to the Company, including through the Website, or to a third-party through the Website, will be collected and used by Company in its sole and absolute discretion to help improve the content and functionality of the Website, to better tailor the Website to your needs, to respond to any inquiry or requests submitted by you, and to suggest products or services that may be relevant to you during your use of the Website. Company may also use such information to customize the Website to provide a better user experience and to enhance or maintain the Website, including any products, services, or content.
5.3
The Website may contain features that allow you and any other user to review products or post comments that are publicly available to other users (“Common Spaces”). Any content that you or any user submits, provides, contributes, posts, uploads, or sends on or through the Common Spaces of the Website (“User Content”) shall be deemed not to be confidential and may be used by Company or any other user in any manner consistent with these Terms and Conditions, including the Privacy Policy. Note that User Content only includes content that is publicly posted by you on the Common Spaces. It does not include any content that is shared with the Company through other means. The Company reserves the right to use any User Content as it deems appropriate including, without limitation, by changing, de-identifying, redacting, modifying, editing, rejecting, or refusing to use, upload, publish or post it.
5.4
You acknowledge and agree that you are solely responsible for all User Content you make available through the Website. By submitting, providing, contributing, posting, uploading, or sending User Content on or through the Website, you represent and warrant that:
(i) the User Content is original to you;
(ii) no other party has any rights thereto;
(iii) you either own the User Content or have the rights necessary to grant Company and other users rights in the User Content, as provided for below;
(iv) the submitting, contributing, providing, posting, uploading, or sending of the User Content through the Website, or Company’s exercise of the rights granted to it in the User Content, will not violate the rights of any third parties (for example, patents, copyrights, trademarks, trade secrets, or other intellectual property rights, or rights of publicity or privacy) or any applicable statutes, laws, rules, regulations, guidelines, or ordinances; and
(v) no payments of any kind shall be due to any third party. Company is not responsible for maintaining any User Content that you provide on the Website, and Company may delete or destroy any such User Content at any time and for any reason and without notice to you.
6. THIRD PARTY MATERIALS
6.1
Through the Website you may come across, access, review, display, use or purchase third-party products, services, resources, Content, software, technology, materials, or information (“Third-Party Materials”). You acknowledge and agree that you are solely responsible for and assume all risks arising from your access to, use of, or reliance on any Third-Party Materials, and Company disclaims any liability that you may incur arising from your access to, use of, or reliance on Third-Party Materials or other users’ User Content. You also acknowledge and agree that Company:
(i) has no responsibility for the availability or accuracy of Third-Party Materials, including third-party products or services, or other users’ User Content;
(ii) has no liability to you or any third party for any harm, injuries, or losses suffered as a result of your purchase of, access to, use of, or reliance on such Third-Party Materials or other users’ User Content; and
(iii) does not make any promises to remove Third-Party Materials or other users’ User Content from the Website or from being accessed through the Website. Nothing in these Terms of Use authorizes you to, and you may not, reproduce, transmit, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of, or otherwise use or exploit any Third-Party Materials or other users’ User Content except as expressly permitted by the Website, these Terms and Conditions or any other published policy of the Company.
6.2
Company neither endorses nor guarantees in any way the vendors, suppliers, organizations, sponsors, authors, advertisers, partners, data, information, materials, views, recommendations, plans, or products or services offered, published, posted, uploaded, expressed, and/or promoted on the Website. The Website may include hypertext links or links to other websites or webpages, or to information and/or articles created and maintained by other organizations or users/individuals. These links are provided solely for Company users’ information and convenience. When users select a link to an external platform, website or webpage, they are leaving the Company Website and are subject to the privacy and security policies of the owners/sponsors of the external link. The Company is not responsible for any Personal Information provided or collected by third parties on other sites other than this Website.
7. REPRESENTATIONS
You represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Website for any purpose in any manner that is prohibited by these Terms and Conditions, the Privacy Policy, any other published policy of the Company, or by applicable law. In addition to all other representations contained herein, you further represent that you own and control the ownership rights to, or you otherwise have the lawful right or permission to use, the content that you provide to the Company or otherwise distribute on or through this Website.
8. WEBSITE CONTENT
8.1
The Company created the Website for the Company’s customers to place orders online and to provide products, services, information, content, and data for informational purposes only. Company makes no representation that any or all of the materials, content, products or services on the Website are appropriate or available for sale or use by its customers in any or all locations. The information provided on the Website is provided by the Company as a convenience to you. The Content contained on this Website does not obligate Company to provide any specific material, product or service. Company will use reasonable efforts to include accurate and up-to-date information. However, due to the nature of the Internet, the Company does not warrant and cannot guarantee the accuracy, availability, completeness or authenticity of the information contained on the Website, or its suitability for any purpose.
8.2
The Website may include technical inaccuracies or typographical errors. The Company will from time to time revise the information, products and services described on the Website, and reserves the right to make such changes to the Terms and Conditions, the Privacy Policy, and/or any other published policy of the Company from time to time without notice to you. Any changes to the Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on the Website.
9. TERMS OF SALE
9.1
By placing an order for products and/or services from the Company, you are
(i) offering to purchase a product and/or service,
(ii) representing that you are at least 18 years old,
(iii) representing that all information you provide to us in connection with such order is true and accurate,
(iv) representing that you are an authorized user of the payment method provided,
(v) representing that you accept and agree to these Terms and Conditions, the Privacy Policy, and any other published policy of the Company.
When you submit your order, the Company must receive payment prior to fulfilling your order, and your order may not be fulfilled until we verify certain items, including without limitation your Personal Information, your payment information, and your creditworthiness.
9.2
We reserve the right to:
(i) refuse any order you place with us;
(ii) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered;
(iii) change or update information in connection with any products or services offered; and
(iv) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you.
If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety.
If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.
9.3
All prices and products advertised, including availability of products, are subject to change. Although the Website is composed with care, it may happen that the information regarding product description or technical specification, pricing or availability on the Website contains errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website. If a product is out of stock, we may still be able to accept your order, but will not charge you for the product until it is back in stock and available to ship. If the price is inaccurate, we will inform you of such pricing discrepancy and await your approval of the amended price prior to continuing with the order process. The images of the products on our Website are for illustrative purposes only. Such illustrations do not guarantee that the product will have the exact appearance, color, function, or origin as show in the illustrations. Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website.
9.4
All prices displayed on the Website are quoted in Euro (€). Applicable taxes, fees or charges of any nature, including shipping and handling costs, sales tax, customs or duty charges, shall be added to the total amount of your purchase and will be displayed prior to checkout. The Company may offer a variety of acceptable payment methods or discounts, which may be changed from time to time in Company’s sole discretion.
9.5
After placing the order, the Company will confirm the order and send an order confirmation to your email. We encourage you to save the order confirmation for any future contacts with the Company’s customer service regarding the order. You are not entitled to cancel your order.
9.6
Products are in digital format therefor they will be provided via email within 24 hours after the purchase. If you have not received your order within 24 hours, please contact our customer service no later than 30 business days after the order was placed.
9.7
The expected delivery time of the digital product is within 24 hours on the email account provided by the customer. Unless otherwise expressly agreed, if a delivery is delayed for more than 30 business days and you have not yet received the product, you are entitled to cancel the purchase.
9.8
The return of the product is not allowed therefore, after the delivery via email of the digital product, the Customer has no right to request a refund.
10. RIGHTS YOU AGREE TO GIVE UP
10.1
If either you or we choose to litigate any claim, then you and we agree to waive the following rights: RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST THE COMPANY WHETHER IN COURT OR IN ARBITRATION.
10.2
If you have any questions about these Terms and Conditions, please write to us at info@klamoroso.com