Terms of Service
The Agreement was last updated on 2/16/218.
- Thank you for browsing our website and/or placing an order with KatiasShop a site operated by KatiasShop (“the Company”) with its registered address at 2470 Windy Hill North Suite 445 Marietta GA 30067 and its website at ‘www.katiasshop.com’ (“Website”).
- By browsing the contents on the Website and/or placing an order, clicking to accept this Agreement or using and/or accessing any of the Company or related services (as the case may be), you agree to all the terms and conditions of the Agreement.
- If you are using or ordering the Company’s service(s) or related service(s) on behalf of a Company or other entity, then “Customer” or “You” means that entity, and you are binding that entity to the Agreement. You represent and warrant that you have the legal power and authority to enter into the Agreement and that, if the Customer is an entity, the Agreement is entered into by an employee or agent with all necessary authority to bind that entity to the Agreement.
- The terms and conditions of the Agreement (together with any other terms and conditions agreed in writing between the Company and the Customer from time to time) constitute the entire agreement between the parties and supersede any previous agreement(s) or understanding(s) and may not be varied except with notice from the Company.
- No failure or delay by the Company in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
DEFINITION AND INTERPRETATION
- The following words used herein have the following definitions and meanings :-
- ‘Authorised Users’ refers to the Customer’s employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Customer.
- ‘Customer’ refers to you as the receiver of the Services and will also include inter alia, to your employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of you.
- ‘Parties’ collectively refers to ‘the Company’ and its employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Company for the carrying out of the Services as the Service Provider and ‘You’ as the Customer and its authorised agents, contractors, employees or any entity duly authorised for and on behalf of you.
- ‘Services’ refers to the Company’s woman & men fashion clothing and accessories services as hereinafter displayed on the Website (as the case may be) (subject to change).
- ‘Service Provider’ refers to the Company and/or its employees, agent, contractor, third parties, staff or any entity that is duly authorised to act on behalf of the Company for the carrying out of the Services.
- ‘We, Us or Our’ refers to the Company and its employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Company for the carrying out of the Services.
- ‘You or Your’ refers to the Customer.
- Using the Services, signing up for an account, subscribing to the Company and/or sending emails to the Company constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices disclosures and other communications that we provide to you electronically via email and/or on the Services satisfy the legal requirement that such communications be in writing.
- The Company does not knowingly collect either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Services only with permission of a parent or guardian.
- If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity.
- You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account.
- The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
THE SERVICESGeneral terms of Services
- The Company shall provide the Services to the Customer subject to the terms and conditions contained herein or any other reference to documents referred to by the Company to the Customer or such other terms and conditions as may be agreed in writing between the Company and the Customer.
- The Company shall provide to the Customer the Services as specified on the Company’s website.
- If in any event, the Company is unable to provide the Services, it will inform the Customer as soon as reasonably possible.
- At the absolute discretion of the Company, it will provide the Customer with the Services in its best endeavour to the Customer.
- In the event that the Company is unable to provide the Services within a reasonable period from the dates(s) and time(s) and the Company have agreed or notified the Customer then the Customer will have the rights subject to the terms and conditions contained herein to exercise the Customer’s option to wait until the Company is available to start performing the Services.
- In the event that the Company has begun performance of the Services and the Customer has in the course of exercising your right of termination of the Agreement pursuant to the provision contained herein, the Customer will be liable to pay for any Services incurred by the Company up to the date of termination of the Agreement.
- Without limitation to any of the rights contained herein and contractual remedies, the Company reserves the right to claim for any losses and damages incurred as a result of the termination.
- The Customer shall not request the Company to perform Services which are immoral or unlawful in nature. The decision will be at the absolute discretion of the Company.
- The Customer shall endeavour to provide the Company with as much detailed information as possible regarding the Services under request in order for the Company to provide excellent services.
- The Customer shall not request the Company to perform Services to, from and for people or places where the Company’s staffs, employees, agents and any other duly authorised entities of the Company may experience any form of abuse, bodily harm or death.
- The Company’s respective prices for its services are as displayed on the Website collectively referred to as the “Charge”.
- The Company requires payment for Services to be made prior to the performance of the Service.
- The Company shall be entitled to vary the Charge from time to time and shall communicate any such changes to the Customer before any payment is made.
- After the Parties have entered into the Agreement, refunds may only be requested, subject to the discretion of the Company.
- Any refunds made by the Company will be with reduction of the direct costs including any handling costs, if permitted.
- Without prejudice to any other rights and remedies available, the Company shall have the right to terminate the Agreement for the provision of all or any of the Services upon written notice if the Client commits a serious breach of the terms and conditions contained herein. The Company reserves the right to claim against the Client including but not limited to losses and damages as a result of the termination by the Client.
- On termination for any reason whatsoever, the Client shall immediately make payment to the Company of all and any sums outstanding and owing to the Company.
- In the event that a deposit is paid by the Client, at the sole discretion of the Company, the deposit will be retained by the Company and for the necessary deduction of the Company losses and costs without prejudice to its rights to further claim damages against you.
- At all material time during the term herein, the Company shall not permit any chargeback in relation to its services, and any such action shall result in the immediate termination of the Client’s account or blacklisting of the Client’s account/profile and shall be prohibited from further use. The Company reserves all its rights in this regard, including but not limited to taking out legal action for recovery of any damage and loss caused.
NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY
- You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment. You may not obtain or attempt to obtain any material or information through any means not intentionally made available through the Services.
- All content included herein, such as inter alia, text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Services, is the property of the Company and/or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
- You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services.
- The Company content is not for resale.
- Your use of the Site does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised by these Terms.
LIABILITY, EXCLUSION AND LIMITATIONS
- The Company warrants to the Customer that it shall use all of its reasonable endeavours to provide the Services using reasonable care and skill and as far as reasonably possible, in accordance with the Customer’s request.
- The Company shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the use of Services except where it is expressly determined that a person acting under the direct instruction of the Company has knowingly acted in a negligent manner.
- The Company shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Customer which are incomplete, incorrect or inaccurate or any other fault of the Customer.
- The Company shall not be liable or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure, any of the Company’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company’s reasonable control.
- Subject to the provisions of the terms and conditions contained herein, the maximum liability of the Company to the Customer for breach of any of its obligations hereunder shall be limited to the value of the Charge (provided that the Charge has at such time been paid by the Customer in full).
DISCLOSURE OF INFORMATION
- Unless the Company receives notice from the Customer to the contrary, the Company shall from time to time provide to the Customer (by post, telephone or email) such information in relation to the Services that the Company considers may be of interest to the Customer.
- The Company may update or modify this Agreement from time to time. If the Company modifies the Agreement during the Services, the modified version will take effect upon the next Service.
- Customer may be required to check the update version from time to time after the modified version takes effect, in any event the continued use of the Services shall constitute acceptance of the modified version.
- If any provision of this Agreement is found by any Court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.
- Neither Party will be liable for any delay or failure to perform its obligations under the Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
- Nothing in the Agreement prevents the Company from disclosing Customer information and data to the extent required by law, subpoenas, or court orders, but the Company will use commercially reasonable efforts to notify Customer where permitted to do so.
- The Agreement will bind and inure to the benefit of each Party’s permitted successors and assigns. Neither Party may assign the Agreement without the advance written consent of the other party, except that the Company may assign the Agreement without consent to an affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities.
- The Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral communications, proposals and representations with respect to the Company or any other subject matter covered by this Agreement.
GOVERNING LAW, JURISDICTION AND VENUE
- This Agreement is governed by the laws in the state of [Insert Jurisdiction*], without regard to choice or conflict of law rules thereof.
- The Company welcomes your questions or comments regarding the foregoing Terms.