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TERMS OF SERVICE
CONTENTS
The terms and conditions outlined in this document govern the business relationship between you and WIX. By purchasing from us, you agree to be bound by these terms and conditions. Please note that individuals under the age of 18 are not permitted to make purchases with us. If you are under 18, please seek assistance from an adult before making a purchase. Platten Enterprises Ltd operates under the name of www.kaimarketingagency.com and any other websites owned by WIX. These terms and conditions include details on our contract with you, your account with us, pricing, payment and service provision, our action-based guarantee, cancellation and refund policies, foreign taxes, duties and import restrictions, dissatisfaction with services, disclaimers, use of your material, system security, acceptable use policy, confidential information and intellectual property rights, use of your email address, indemnification, and miscellaneous provisions.
TERMS AND CONDITIONS
DEFINITIONS
In this agreement, the term "Consumer" refers to any individual who is acting for personal reasons and not for business purposes in relation to this agreement. "Our Website" refers to the entire computer system and software that supports the website. "Services" refers to any services offered for sale on our website, including updates and support services as specified for each service. "Content" refers to any material in any form published on our website by us or any third party with our consent. "Material" refers to any sort of content posted by you on our website.
OUR CONTRACT WITH YOU
These terms and conditions apply to:
2.1 Visitors to Our Website to the extent that the context allows; and 2.2 Buyers or prospective buyers of our Services.
2.3 We will confirm your order via email and this will serve as the formation of our contract. Our email will also include details of your purchase receipt.
2.4 We cannot guarantee the availability of all Services advertised on our website. If a Service for which you have paid becomes unavailable, we will promptly refund any money paid for that Service. Our refund will cover the period of unavailability and not any period for which Services have been available.
2.5 We reserve the right to modify these terms from time to time. The terms that apply to you are those posted on Our Website on the day you order Services.
2.6 If in the future, you purchase Services from us through a different arrangement that does not involve payment through Our Website, these terms still apply to the extent possible.
2.7 If we owe you money for any reason, we will credit your credit or debit card within 7 days of your order at the latest, and as soon as reasonably possible.
YOUR ACCOUNT WITH US
3.1 You agree to provide and maintain accurate, current, and complete information about yourself, as required by us, in order to access and use the Services.
3.2 You are responsible for maintaining the confidentiality of your account and password, and for preventing any unauthorized access to your account.
3.3 You agree to accept responsibility for all activities that occur under your account or password, and you must notify us immediately if you suspect any unauthorized access to your account. You should also log in to your account and change your password as soon as possible.
PRICE, PAYMENT, & SERVICE PROVISION
4.1 The prices of our services may be subject to change and if that happens, we will not proceed with providing the services until you confirm your willingness to purchase at the new price.
4.2 You agree to pay the monthly charge for the services through the PayPal account or credit card information that you have provided to us. You authorize us to withdraw funds from this card on a monthly basis without further notification.
4.3 Billing for the services will be done in advance on the same day as the initial order each month.
4.4 Our services may be provided via email, available for download, or in any other manner as explained on our website.
4.5 In the event that we are unable to provide the services within 10 days of the date of your order, we will notify you by email of the expected date of provision.
4.6 Once the service provision has begun, you may cancel the services at any time by giving us 21 days notice. Payment will still be due for the duration of the notice period.
4.7 We reserve the right to change the nature or method of providing the services at any time and will inform you of such changes through email or by updating our website.
4.8 If changes made in the provision of services require any action on your part and you fail to take that action, we reserve the right to terminate the services without notice.
4.9 You are not allowed to share or allow others to use the services under your name.
4.10 We will make every effort to ensure constant availability of our website, but there may be instances where access to the website may be interrupted. Interruptions for maintenance or reasons beyond our control do not warrant a refund of any payment made. We will notify you in advance of any planned downtimes.
CANCELLATION OF ORDER
5.1 We offer our digital based products with a full 30 day money back policy from the date of purchase unless otherwise stated. Refunds are only available to those who have watched under 25% of the currently available digital product content via teachable.com, which is the product host site.
5.2 This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way have provided the Services to you.
5.3 Successful participation in our action-based guarantee overrides these terms.
DISSATISFACTION WITH THE SERVICE
6.1 If for any reason you are not completely satisfied with your purchase, please contact us immediately and provide the following information:
6.1.1 The reason for your dissatisfaction. 6.1.2 The date, if relevant, when the issue occurred. 6.1.3 How and when you became aware of the issue. 6.1.4 The impact of the issue on you. 6.1.5 Your suggestions for resolving the issue and restoring your confidence in us.
6.2 To do so, please contact us by email at the designated contact point on Our Website.
DISCLAIMERS
7.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.
7.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large web based business. We would be grateful if you bring to our immediate attention, any that you find.
7.3 We give no warranty and make no representation, express or implied, as to:
7.3.1 the adequacy or appropriateness of the Services for your purpose; 7.3.2 the truth of any Content on Our Website published by someone other than us; 7.3.3 any implied warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used; 7.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
7.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
7.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services.
7.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
7.7 The above two sub paragraphs do not apply to a claim for personal injury.
YOUR MATERIAL
8.1 If you submit any Material to Our Website, you guarantee that you have the copyright for it and accept all responsibility for it. You also grant us the right to edit, copy, publish, distribute, translate, and use it in any medium and for any purpose.
8.2 By submitting any Material to Our Website, you also grant us a non-exclusive, irrevocable, royalty-free, perpetual right to use the Material in any way and in any medium throughout the world. You also agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
8.3 You also agree to perform any additional actions necessary to perfect any rights granted to us, including executing deeds and documents at our request.
8.4 You also represent and warrant that: 8.5 you own the rights to all Material that you submit; 8.6 any facts stated in your Material are accurate.
ACCEPTABLE USE POLICY
As a condition of your use of Our Website, you agree to comply with these provisions:
9.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish:
9.1.1 copyrighted works; 9.1.2 commercial audio, video or music files; 9.1.3 any Material which violates the law of any established jurisdiction; 9.1.4 unlicensed software; 9.1.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing; 9.1.6 links to any of the material specified in this paragraph; 9.1.7 pornographic Material; 9.1.8 any Material promoting discrimination or animosity to any person on grounds of gender, race or color.
9.2 You will not use the Services for spamming. Spamming includes, but is not limited to:
9.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients; 9.2.2 The sending of junk mail; 9.2.3 The use of distribution lists that include people who have not given specific permission to be included in such distribution process; 9.2.4 Excessive and repeated posting off-topic messages to newsgroups; 9.2.5 Excessive and repeated cross-posting; 9.2.6 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive; 9.2.7 The emailing of age-inappropriate communications or content to anyone under the age of 18.
CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY RIGHTS
10.1 You are required to maintain confidentiality of the Confidential Information and not disclose or make it available to any third-party.
10.2 We hold the intellectual property rights in connection with our Product and Our Website, including copyright in the Content, whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
10.3 We also claim copyright in the designs and compilation of all Content of Our Website. The title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
10.4 With the exception of the below, you are not allowed to copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
10.5 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
10.6 Subject to the other terms of this agreement, you may download or copy Content only for your personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
MISCELLANEOUS PROVISIONS
11.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
11.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or services.
11.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
11.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
11.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in the exercise of any power or right be interpreted as a waiver.
11.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
11.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
11.8 This Agreement shall be governed by and construed in accordance with the law of the United Kingdom. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
I have read and understood KaiMarketingAgencys etc’s terms and conditions, and I agree that they form part of the contract between us. If I am under the age of 18 years, I confirm that I have brought the terms and a condition to the notice of my parent or guardian, and that person has agreed that I may buy your Services.