Terms of service
Terms of use
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Overview.
This website is operated by KOTONE. Throughout the site, the terms "we", "us" and "our" refer to KOTONE. kotone offers this website, including all terms, conditions, policies and notices stated here. This Website includes all information, tools and services provided to Users on the Website.
By accessing the Website or making purchases on the Website, you agree to use our "Services" and to be bound by the following terms and conditions of use ("Terms of Use", "Terms"), including any additional terms and conditions and policies referenced and/or linked to herein. These Terms of Use apply to all users of the Site (including, without limitation, visitors, vendors, customers, merchants and content contributors).
Please read these Terms of Use carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions herein, you may not access or use any part of this website or use any part of the service. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current store are also subject to the Terms of Use. The latest version of these Terms of Use can be found on this page at any time. We reserve the right to update, modify or replace parts of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after changes have been posted will constitute your acceptance of those changes.
Our store is hosted by Shopify Inc. which provides us with an online e-commerce platform for selling products and services.
Article 1 - Terms and Conditions of the Online Store
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence or have reached the age of majority in your state or province of residence and agree to allow your minor dependents to use the Site.
You may not use our Products for any illegal or unauthorised purpose or violate any law in your jurisdiction (including, without limitation, copyright laws) in your use of the Services.
You may not transmit worms, viruses or code of a destructive nature.
Any default or breach of these terms and conditions will result in immediate termination of your use of the Services.
Article 2 - General terms and conditions
The Site reserves the right to refuse service to anyone at any time for any reason.
You understand that your content (not including credit card information) may be transmitted unencrypted and (a) over various networks, and (b) may be modified to match and conform to the technical requirements of the network or device to which you connect. The credit card information is not transferred over the network during the transfer over the network. Credit card details will always be encrypted during transmission over the network.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Services, use of the Services, access to the Services or contacts on the website where the Services are provided without our express written permission.
Headings used in this document are included for convenience only and do not limit or affect these Terms and Conditions.
Article 3 - Accuracy, completeness and timeliness of information
The Company accepts no liability for inaccurate, incomplete or out-of-date information provided on the Website. The material on this site is for general information only and should not be relied upon as the sole basis for making decisions without first examining primary, more accurate, complete or more timely sources of information. Reliance on the material on this website is at your own risk.
This website may contain historical records. Past records are not necessarily current and are provided for your reference only. We reserve the right to change the content of this Site at any time, but we are under no obligation to update the information on this Site. You agree that it is your responsibility to regularly check the Site for changes.
Article 4 - Changes to services and prices
The prices of the Products are subject to change without notice.
We reserve the right to change or discontinue the Services (or any part or content thereof) at any time and without notice.
The Company shall not be liable for any damage suffered by you or any third party as a result of any modification, price change, suspension or discontinuation of the Services.
Article 5 - Goods or services (where applicable)
Certain goods or services may only be available online via the Website. These goods or services may be in limited quantities and can only be returned or exchanged in accordance with our returns policy.
Whilst we endeavour to display as accurately as possible the colours and images of the products displayed in the Store, we cannot guarantee that the colours will be displayed accurately on your computer monitor.
We reserve the right, but not the obligation, to restrict the sale of our goods or services to any person, geographic area or jurisdiction. We may exercise this right in certain circumstances. We reserve the right to limit the quantity of goods or services offered. All product descriptions and product prices are subject to change at any time without notice at our sole discretion. The Company reserves the right to discontinue the sale of any goods at any time. Any offer of goods or services on the Website is void where prohibited.
The Company does not warrant that the quality of any goods, services, information or other material purchased or obtained by you will meet your expectations or that any errors in the Services will be corrected.
article 6 - accuracy of billing and account information
We reserve the right to refuse any order placed by you with us. We may, at our sole discretion, limit or cancel the amount of purchases per person, per household or per order. These limits may include orders using the same customer account, the same credit card and/or the same billing and/or shipping address. If you change or cancel an order, we may attempt to contact you using the email address and/or billing address and/or telephone number provided at the time of the order. The Company reserves the right, in its sole discretion, to restrict or prohibit any order that appears to be placed by a distributor, reseller or sales agent.
You agree to provide us with current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address, credit card number and expiry date. This enables us to complete the transaction and contact you if necessary.
For more information, see our Returns Policy.
Article 7 - Optional tools
We may provide you with access to external tools that we do not monitor, control or input.
You acknowledge and agree that we are providing access to such external tools on an 'as is' and 'as available' basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall not be liable for any damages whatsoever arising out of or in connection with the use of the Optional External Tools.
Your use of any optional tools offered through the Website is entirely at your own risk and discretion, provided that you are familiar with and agree to the terms and conditions of the external provider of the tools.
In the future, we may also offer new services and/or features through the Website (including, the release of new tools and resources). Any such new features or services shall also be governed by these Terms of Use.
Article 8 - Links to third parties
Certain content, products and services available through the services on the Site may include material from third parties.
External links on the Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and do not endorse and are not responsible or liable in any way for any third party material or websites or any other materials, products or services of third parties.
We are not responsible for any loss or damage in connection with the purchase or use of any goods, services, resources or content and any other transactions carried out in connection with third party websites. You should carefully review and understand the policies and practices of any external provider before entering into any transaction. Any complaints, claims, concerns or questions regarding third party products should be directed to the third party.
Clause 9 - User comments, feedback and other submissions
If you send us certain Submissions (such as contest entries) at our request, or if you send us creative ideas, suggestions, plans, plans or other material online, by email, post or otherwise (collectively, "Comments") without our request, agree that we may, at any time and without limitation, edit, copy, publish, distribute, translate or otherwise use any Comments you send to us in any medium. We shall have no obligation (1) to keep any Comments confidential, (2) to pay you any compensation for your Comments, or (3) to respond to your Comments.
We may, but are under no obligation to, monitor, edit or remove any Content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes on intellectual property or violates these Terms of Use.
You agree that your Comments will not infringe the rights of any third party, including copyright, trade mark, privacy, human rights or any other personal or proprietary rights. You also agree that your Comments will not contain defamatory, libellous or otherwise illegal, violent or obscene material, and will not contain computer viruses or other malware that may affect the operation of the Services or any associated website. You agree not to use a false email address, impersonate another person or otherwise mislead us or any third party as to the source of your comments. You are solely responsible for your comments and their accuracy. We shall not be liable for any comments posted by you or third parties.
Article 10 - Personal data
Submission of personal information through our Store is governed by our Privacy Policy. To view our Privacy Policy, click on Link to Privacy Policy.
Article 11 - Errors, inaccuracies and omissions
The Website or the Services may contain typographical errors, inaccuracies or incomplete information relating to product descriptions, pricing, promotions, offers, product delivery charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions in any part of the Service or on the relevant website at any time (including after you have placed an order) without prior notice and to change or update any information or cancel any order.
We are under no obligation to update, correct or clarify any information (including, without limitation, pricing information) on the Services or the relevant website unless required by law. The inclusion of a revision or update date on the Service or the relevant website does not indicate that all information on the Service or the relevant website has been changed or updated.
Article 12 - Prohibitions
In addition to any other prohibitions set out in these Terms of Use, use of the Site or its content is prohibited in the following circumstances. (a) any unlawful purpose; (b) incitement to commit or participate in illegal activities; (c) violation of international, national, provincial or state regulations, rules, laws or local ordinances; (d) infringement or violation of our intellectual property rights or those of others; (e) harassment, verbal abuse based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability insult, malice, slander, defamation, libel, accusation, intimidation or discrimination; (f) the submission of false or misleading information
(g) uploading or transmitting viruses or malicious code that may affect the functionality or operation of the Services or any associated website, other websites or the Internet; (h) collecting or tracking the personal information of others; (i) spamming, phishing, farming , pre-texting, spidering, crawling or scraping; (j) for obscene or immoral purposes; (k) to interfere with or circumvent the security features of the Services, related websites, other websites or the Internet; and (l) to interfere with or circumvent the security features of the Services, related websites, other websites or the Internet. If you engage in any of the prohibited activities, we reserve the right to terminate your use of the Services or the relevant website.
Article 13 - Disclaimer of Warranties and Limitation of Liability
We do not warrant, represent or guarantee that your use of our Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained from your use of the Services will be accurate or reliable.
You agree that we may, from time to time and without notice to you, remove the Services or cancel the Services indefinitely.
You expressly agree that your use of, or inability to use, the Services is at your own risk. The Services and all goods and services provided to you through the Services are provided to you on an "as is" and "as available" basis for your use (unless expressly stated otherwise by us) and are provided on an "as is" and "as available" basis, without any express or implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability and without any representations, warranties or conditions of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title and non-infringement.
in no event shall kotone, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any lost profits, lost revenue, lost savings, whether based on contract, tort (including negligence) liable for any injury, loss, claim, direct or indirect, incidental, punitive or consequential damages of any kind, including, but not limited to, loss of data, replacement costs or similar damages. We are also not liable for any strict liability or other liability in connection with the use of any goods purchased using our services, for damages (including, without limitation, for errors or omissions in any content) when using our services or goods, or for any content posted, transmitted or for any loss or damage incurred as a result of the use of any content (or goods) otherwise made available, even if we have been advised of the possibility of such loss or damage.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.
article 14 - indemnification
You agree to indemnify KOTONE and its parent, subsidiaries, affiliates, partners, suppliers, subcontractors, suppliers of KOTONE and their respective owners, officers, directors, employees and agents, from and against any claim or demand, including reasonable attorneys' fees, brought by any third party due to or arising out of your breach of these Terms of Use or the documents they refer to, or your violation of any law or the rights of a third party.
article 15 - severability clause
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such provision shall remain enforceable to the fullest extent permitted by applicable law and the unenforceable portions shall be deemed severable from these Terms of Use, but such holding shall not affect the validity and enforceability of the remaining provisions. The validity and enforceability of the remaining provisions shall not be affected.
Article 16 - Termination of the Terms and Conditions
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms and Conditions shall remain in force unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services or by ceasing to use the Website.
We may terminate these Terms of Use at any time and without notice if we determine that you have not complied or are suspected of not complying with any term or provision of these Terms of Use and you shall be liable for all sums due up to the date of termination and/or You may be denied access to the Services (or any part thereof) on the Site for a period up to and including the date of termination.
Article 17 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the applicable right or provision.
These Terms of Use and any policies or operating rules posted by us in connection with the Website or the Services constitute the entire agreement and understanding between you and us and govern your use of the Services and any prior or contemporaneous agreement, whether oral or written, between you and us, supersedes any prior or contemporaneous agreements, communications or proposals (including, without limitation, previous versions of these Terms of Use) between you and us, whether oral or written,
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafter.
Article 18 - Governing law
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of NORWOOD 50677 Edward Street, 6, South Australia, Australia.
Article 19 - Changes to the Terms of Use
You may review the latest Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates or changes to the Website. It is your responsibility to check our Website regularly for changes. Your continued use of or access to our website or services after any changes to these Terms of Use have been posted will constitute your agreement to these changes.
article 20 - contact information
If you have any questions about these Terms of Use, please contact us at kotoneorganic@gmail.comまでお送りください.