- TERMS AND CONDITIONS
We may modify the TOS from time to time, and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS. For those persons wishing to use our services, they must read and agree to be bound by our policies relating to those services. In particular, we draw you attention to our policies relating to the terms of purchase Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.
Kirna Zabête Inc
477 Broome Street
New York, NY
- YOUR EUROPEAN UNION AND PRIVACY RIGHTS
If you are a resident or citizen of the European Economic Area (EEA), you have the right to: (1) request access to your personal data and rectification of inaccurate personal data; (2) request restrictions on the processing of your personal data; (3) request deletion of your such data; (4) object to processing; and/or (5) exercise your right to data portability. However, note that we will need to verify your identity and your status as an EEA resident in order to proceed. To allow for such verification, please provide us with your email address when you make such a request.If you wish to receive more information on your individual rights as an EU resident, please contact us at [email protected] indicating in the subject line that “I am an EU resident and would like to exercise my individual rights.” You should also know that you have the right to file a complaint with a supervisory authority.
To use some of the services or features made available to you on this Site, you will need to register. We may change registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects.
Should any of your registration information change, please notify us immediately at the following e-mail address [email protected]
- ELIGIBILITY TO PURCHASE
The purchase of merchandise through KIRNAZABETE.COM is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with the laws of the United States of America. In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the KZ terms of eligibility, who have been issued a valid credit card by a bank acceptable to KZ, whose applications are acceptable to KZ and who have authorized KZ to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. KZ reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Moreover, by making an offer to purchase merchandise, you expressly authorize us to perform credit checks and, where KZ feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse), to authenticate your identity, to validate your credit card, to obtain an initial credit card approval and to authorize individual purchase transactions.
KZ insures each purchase during the time it is in transit until it is delivered to you. You will be asked to sign for any goods delivered at which point responsibility for your purchased goods passes to you.
- INTELLECTUAL PROPERTIES RIGHTS
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, including KZ Software and all HTML and other code contained in this Site, shall remain at all times vested in KZ and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by NAP and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. KZ tries to ensure that the information on this site is accurate and complete. KZ does not warrant or represent that KZ’s Content is accurate, error-free or reliable or that your use of KZ’s Content will not infringe rights of third parties. Your use of the Web Site is at your risk. KZ does not warrant that the functional aspects of the Web Site or KZ's Content will be error free or that this Web Site, KZ Content or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or KZ Content results in the need for servicing or replacing property, material, equipment or data, KZ is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. KIRNAZABETE.COM and its suppliers make no warranties about KIRNAZABETE.COM Content, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. KiRNAZABETE.COM reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that KIRNAZABETE.COM is not liable to you or any third party for any such withdrawal.
- NO COMMERCIAL USE
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site.
You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
- YOUR ACTIVITY
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site.
We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
- THIRD PARTY
We may include hyperlinks on this Site to other websites or resources operated by parties other than KZ, including advertisers. KZ has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While KZ will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the United States.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you. You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
At our request, you agree fully to defend, indemnify and hold harmless KZ immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
- OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and KZ as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of KZ, and we shall not be liable for any representation, act, or omission on your part.
- ENTIRE AGREEMENT
The TOS (as amended from time to time) constitutes the entire agreement between you and KZ regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and KZ in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the TOS, the TOS shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the TOS.
You confirm that, in agreeing to accept the TOS, you have not relied on any representation save insofar as the same has expressly been made a representation in the TOS and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the TOS save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the TOS.
- NO WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
- GOVERNING LAW
The TOS together with all our policies and procedures will be governed by and construed in accordance with the laws of the United States and you irrevocably submit to the exclusive jurisdiction of the courts of the United States.