Terms & Conditions

Welcome to Kalaiaah, Kalaiaah.com and Kalaiaah Social Media Channels Terms & Conditions

Effective Date: March 26, 2016

Kalaiaah, Kalaiaah.com (“we”, “us”, our”) are the providers of the content, product and services on the website, www.kalaiaah.com (“Site”) and our various social media channels (Facebook, YouTube, Instagram, LinkedIn, Pinterest, etc. (“Social Channels) to you, the user subject to the following terms and conditions, our Privacy Policy and other terms and policies which you may find throughout our Site and on our Social Media Channels in regards to certain functionality, features, promotions, and customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”).

You must be 18 years old in order to make a purchase on our Site. If you are under 18 years old, you may browse our Site and Social Media Channels. However, DO NOT provide personal information to us nor should you register on our Site or Social Media Channels. This Site is not directed to children. By using or accessing our Site or Social Media Channels, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU ARE NOT IN AGREEMENT TO OUR TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR -- USE OUR SITE.

Privacy
Please read our Privacy Policy also accessible from our home page so that you may understand our privacy practices.

Products and Services
Our products, services and samples that are available on the Site or through Social Media Channels, are for personal use only. You are NOT authorized to sell or resell any of our products or services, or samples thereof, you purchase or otherwise receive from us. If, in our sole discretion, we believe that you are in violation of or are a potential to violate our Terms and Conditions, we reserve the right, with or without notice, to cancel or reduce the quantity of your order.

Product/Advice Disclaimer
Our Site does not attempt to diagnose or treat any medical  (diseases, skin concerns, skin conditions, etc) or health related conditions; we do not offer medical advice.  Any medical issues or problems with your skin or otherwise should be referred to your medical practitioner who will advise as to whether or not you should seek consult with a specific specialist.  Please read product directions carefully and follow the directions to the letter.  Directions are contained on our Site and on the product packaging. Occasionally, there will be product ingredients that your skin may show sensitivity to or just not agree with, which can result in irritation of your skin, including but not limited to: burning, redness, soreness, scaling, and/or other symptoms.  If you experience any skin irritation, discontinue use immediately and consult your medical doctor or dermatologist.  We take pride in our product offering and our ingredients and therefore, we know that skin irritants are minimized.  If you are not satisfied with any of our products, please see our Return Policy.

Purchase Related Policies
To review our policy and process on shipping, handling and returns, see Shipping and Returns accessible from our home page or click here.

Accuracy of Information
We practice due diligence in terms of accurate descriptions of our products on the Site and on our Social Media Channels. However, mistakes and oversights can occur.  Therefore, we do not warrant that all product descriptions, information, colors or other content are accurate, complete, reliable, current and error free.

Therefore, our Site and Social Media Channels may contain inaccuracies, typographical errors and/or  may not be complete or current. Therefore, we reserve the right to make corrections to errors, inaccuracies or omissions (including after an order has been submitted).  Further, we reserve the right to change or update information at any time without prior notice. Please be mindful that such inaccuracies, errors or omissions may relate to product availability or pricing and we reserve the right to address such concerns through the cancellation or refusal of acceptance of such order placed with incorrect availability or pricing information. We expect such incidences to be rare, but if they occur; we apologize for any inconvenience to you.

 

Information/Recommendations Disclaimer
The Kalaiaah site and our Social Media Channels were established as informational portals of our ideas, opinions, musings and perceptions regarding cosmetic products and appliances, their usage and marketability. Therefore, the information presented strictly reflect our opinions, perceptions, and understanding regarding ingredients and the various products mentioned.  It is your right to pick and

 

 

Intellectual Property
All content, information, trademarks, service marks, logo, features, functions, graphics, text, button icons, audio clips, images, data compilation, software, and photos on our Site and Social Media Channels, collectively referenced as our “Content” is the property of Kalaiaah and our parent organization and as such, is protected by international laws and the United States, including all laws governing trademark and copyright infringements.

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We have intellectual rights and ownership for the Content on our Site and therefore, all such materials cannot be duplicated, copied, sold, modified, exploited, reproduced in whole or in part, without our express consent in writing prior to such actions.

Limited Licenses; Use Restrictions
Once you’ve agreed to our Terms of Usage, we grant you a limited, non-transferable, revocable, and non-exclusive license to access our Site and Social Media Channels for your personal use. In doing so, you understand and must agree that you will refrain from or not attempt to do or cause any third party to do or any of the below noted in regards with your use of our Site or Social Media Channels:

make any use of our  Site or any Content other than for personal use;

harass or stalk, or advocate/assist in harassment of others, harm or entrap third party

frame or use framing techniques to enclose our Site or any portion thereof;

use hidden text, spiders, meta tags, robots, crawlers, or other tools, whether manual or automated, to index, collect, republish, scrape, mine, redistribute, sell, transmit, license or download our Site, its Content (except when caching or  to view/access our Site), or the personal information of others without authorization or permission;

reverse engineer or create any derivative works based on our work, our  Site or our Content;

intentionally violate laws or act in any way illegal on our Site;

share, transmit, distribute, upload, email, post,  reproduce, or to make available otherwise any vicious software viruses, program code, malware, file(s), or other material(s) that can be considered vicious or intentionally introduced to disrupt, destroy, limit, interrupt, alter, any part of our Site;

engage in or send unauthorized, unsolicited  spam type advertising, solicitation or promotional       material, to include: mass mailings, chain letters, or any form of spam.

Hyperlinks: We grant you a limited, non-transferable, non-exclusive and revocable, license to create a hyperlink to our home page of our Site or Social Media Channels for non-commercial and personal use only. If you link to our Site or Social Media Channels, you CANNOT replicate any of our Content; may not misrepresent your relationship with us; may not imply that we are endorsing your website, its services or products; cannot contain content that could be considered obscene, offensive, distasteful, illegal, controversial or inappropriate, which will be determined in our sole discretion; CANNOT portray us or Kalaiaah products or services in a misleading, false, offensive, objectionable or derogatory manner; nor associate us with undesirable services, products, or opinions; and/or you are not authorized to link to any page of the Site other than the home page. In our sole discretion, we reserve the right to request that you remove a link to our Site, and as soon as you receive such a request from us, you must consider it to be immediately effective and therefore remove and cease any linking unless we authorize you in writing that we approve you to resume linking to our Site or Social Media Channels.

If you have any unauthorized use of our Site or Social Media Channels or any of our Content, the limited licenses that we have granted will be automatically terminated without prejudice to other remedy except through applicable law or our Terms and Conditions.

Your Obligations and Responsibilities
When accessing or using our Site, Social Media Channels or any of our Content, you agree that you will act in accordance with the law, comply with our Terms and Conditions, warnings, directions or instructions on the Site or on our Social Media Channels. You will not make changes or alteration to our Site, Content or our services nor will you impair the integrity or operation of our Site or Social Media Channels.

The generality of other provision of our Terms and Conditions are not limited, in the event you default negligently or willfully in the obligations set forth in our Terms and Conditions, we will hold you liable for any and all losses and/or damages that this may cause to Kalaiaah and our parent organization.

Your Account
If you meet our age criteria detailed above, you may access and use our Site without registering, and to make purchases, but in order to gain certain benefits, and additional information some parts of our Site may require that you register an account with us. We practice due diligences in privacy on your behalf, but you are responsible to maintain your account confidentially to include: restricting access to your computer, your username and password. Please notify us immediately if you suspect there has been unauthorized access to your account or password.  Also, the information registered on your account should be current, accurate, complete, and truthful and it is your responsibility to ensure such. All activities that occur through your account (user name and password) are your responsibilities to which you agree.

 

You can access our site on someone else’s behalf provided if you have the authority to bind that person who you’ve accessed the site for as the principal to our Terms and Conditions provided herein and you agree to be bound to our Terms and Conditions, accepting liability for harm caused by any wrongful use of our Site or our Content resulting from such access or use. You may or we may cancel your account with us at any time. If our Terms and Conditions are violated, we reserve the right to refuse or cancel servicing or account(s) at our sole discretion (if such is at our best interest) and without prior notice.

Third Party Links
Third party links which might appear on our  Site are for your convenience only and are not an endorsement by us or our parent organization and we are not responsible for any third party site content. You are at your own risk when you use and access of these third party websites.  Please do your due diligence when accessing third party links as we will not be held responsible for evaluating or examining  third party websites or any other websites linked to or from our Site. As such, we do not assume any liability or responsibility for the actions, products, services or content of such websites and including, without limitation, their policies on terms, conditions and/or privacy. It’s a good practice to always thoroughly review third party website policies and practices.

Special Features, Functionality and Events
Our Site or Social Media Channels may offer certain promotions, contests, challenges, and discounts and such will be subject to our Terms and Conditions.  However, additional Terms and Conditions may be applicable to the promotions.  Therefore, you agree as a participant of any promotion that we offer that such may be subject to additional or separate Terms, Conditions, and rules.

If you post, upload, transmit, e-mail, share, reproduce, distribute, or otherwise make available data, text, suggestions, inquiries, ideas, feedback, software, audio, music, graphics, videos, photographs, images,  messages or other materials, referenced as “User Content” on our Site, such content is entirely your  responsibility.  In interacting with our Site in this way, you hereby grant to us a irrevocable, perpetual, unrestricted, non-exclusive, royalty-free, worldwide license to copy, adapt, distribute, use, license, sublicense,  display, reproduce, publicly perform, transmit, and/or modify, edit, and exploit such User generated Content throughout the universe, in all current media or for media developed in the future and for any purpose whatsoever, including without limitation, manufacturing, developing, distributing, and marketing products.

Therefore, you represent and warrant that User Content you submit is content that you own or otherwise control the rights of. You also agree not to engage in or encourage others in uploading, transmitting, emailing, sharing, posting, reproducing, distributing or otherwise make available any of the following content: threatening harassing, unlawful, abusive, vulgar, derogatory, obscene, pornographic, hateful, racially or ethnically objectionable, harmful, libelous, or invasive of another’s privacy; or of materials or postings that you do not have a lawful, contractual or fiduciary right to make available;  or postings which are known by you to be false, inaccurate, fraudulent, or misleading; or for postings that you were compensated by a third party and/or granted any consideration by any third party; or for any materials or postings that infringes upon patents, trade secrets, trademark, proprietary or copyright rights of any party.

We do not endorse User Content, are not responsible to exam or evaluate User Content and we therefore, cannot guarantee its accuracy, quality or integrity and are therefore, not liable for User Content on our Site. We do not examine or evaluate User Content, and again, we do not assume any responsibility for it.   By using our Site, you may be exposed to User Content that is indecent, objectionable or offensive to you. We, are not liable for any User Content, (with omissions or errors) or for any damages or losses of any kind incurred by you resulting from your accessing and use of User submitted Content on our Site. You hereby waiving all or any rights to claims against us for all or any actual infringements or alleged infringements of any proprietary rights, moral rights, rights of privacy and publicity, and rights of attribution in regards to User Content on our Site.

You acknowledge that we are not obligated, though we have, in our sole discretion, the (reserved) right to remove, change, delete, and condense posting and/or refuse to post any User Content.  Our foregoing Terms and Conditions and provisions are not limited as we have reserved our right to refuse servicing or to terminate accounts (without prior notice), or delete User Content that is objectionable, infringes on the rights of others or violates our Terms and Conditions.

Requests to Delete User Content
If you’ve made a posting that you later wish to delete, please email: info@kalaiaah.com and include:

First and last name, email address, the date of posting, the nature and wording of posting and the reason to delete the posting.  Failure to include the above noted information may result in our inability to find/delete the posting.  If may take 8-10 business days to execute the deletion.

Copyright Concerns/ DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY
We take intellectual property of others very seriously. If you see content on our Site that you believe constitutes copyright infringement anywhere, please immediately email: info@kalaiaah with the words “Copyright Concern” in subject line. Include: identification of the work you suspect constitutes infringement, the location on our Site of said materials, your name, email and telephone number. We will review your concern ASAP. Please remember to include best contact points for us to reach out to you.

 

Disclaimer of Warranties; Limitation of Liability
THE SITE AND OUR SOCIAL MEDIA CHANNELS ARE PRESENTED “AS IS”. WE NOR OUR PARENT COMPANY MAKE REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED IN REGARDS TO OUR TERMS AND CONDITION, OUR SITE, ITS CONTENT, INCLUDING MERCHANTABILITY, NON-INFRINGEMENT, HEALTH OR FITNESS FOR A SPECIFIC PRODUCT/PURPOSE, EXCEPT WHERE SUCH WARRANTEIS AND RESPRESENTATION ARE NOT LEGALLY EXCLUDABLE.

 

YOU AGREE THAT WE NOR OUR PARENT ORGANIZATION (TO THE FULLEST EXTENT PERMITTED BY LAW) WILL BE HELD RESPONSBBILE OR LIABLE (IN CONTRACT, TORT, NEGLIGENCE OR OTHER) UNDER ANY CIRCUMSTANTCES FOR ANY OF THE FOLLOWING: ACCESS DELAYS OR INTERRUPTION OF BUSINESS OR TO OUR SITE, NON-DELIVERY OF DATA, LOSS, THEFT, DESTRUCTION OR OTHER MODIFICATIONS, UNDELIVERED OR CORRUPTED, CORRUPTION, DAMAGES, OR LOSSES, ACCESS DELAYS OR INTERRUPTION OF BUSINESS TO OR TO OUR SITE, NON-DELIVERY OF DATA, LOSS, THEFT, DESTRUCTION OR OTHER MODIFICATION, UNDELIVERED OR CORRUPTION, DAMAGES OR LOSSES OR LOSSES OF ANY KIND AS A RESULT FROM YOUR ACCESSING OR DEALING WITH THRID PARTY LINKS OR OFF-WEBSITE LINKS ON OUR SITE. YOU ACKNOWLEDGE THAT COMPUTER VIR-- USES, SYSTEM MALFUNCTIONS OR FAILURES MAY OCCUR WHILE USING OUR SITE, HYPER-LINKING TO OR FROM THIRD PARY WEBSITES.

WE NOR OUR PARENT ORGANIZATION (TO THE FULLEST EXTENT PERMITTED BY LAW) WILL BE HELD LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) RELATED TO YOUR -- USE OF OUR SITE AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

 

WITH YOUR -- USE OF OUR SITE, YOU AGREE THAT NO CLAIMS OR ACTIONS RESULTING FROM YOUR -- USE OF OUR SITE OR OUR TERMS AND CONDITIONS TO -- USE OUR SITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE CA-- USE OF ACTION RELATING TO YOUR CLAIM OR ACTION AROSE. IF YOU ARE DISSASTIFIED WITH OUR SITE OR HAVE A DISPUTE WITH US, YOUR CA-- USE OF ACTION IS YOUR TERMINATION OF YOUR -- USE OF OUR SITE AND THAT IS YOUR SOLE REMEDY AND WE HAVE NO OBLIGATION, RESPONSIBILITY OR LIABILITY TO YOU.

 

 

Indemnification
You agree to  indemnify, defend, and hold us, our parent organization (and others such as employees/staff the “Indemnified Parties”) harmless for any costs, loss, or damages, including attorneys’ fees, as a result of third party claim,  demands or actions in connection to or resulting from your use of our Site, Social Media Channels or any Content (User Content included), or any of our products or services purchased on the Site, or your breach of these Terms and Conditions. You also agree to indemnify us, our parent organization and the indemnified parties for our damages, loss, or costs, and attorneys’ fees, as a result of your use of software robots, crawlers, spiders, or other data gathering, mining and extraction tools, or any other action taken by you, that imposes a burden or unreasonable load on our infrastructure.

Disputes
Regarding any dispute resulting from our Site, our rights and obligations are governed by our Terms and Conditions and are to be upheld as governed by the laws of the great state of California as if the Terms and Conditions were a contract executed and wholly entered into from the state of California.  Any Site dispute  shall be submitted to arbitration (conducted by Consumer-Related Disputes Supplementary Rules or prevailing American Arbitration Association Rules)  in California and you submit to the jurisdiction and proceedings thereof except that,  if you have violated or threatened our or our parent organization intellectual property rights- we have a cause of action in equity: we may seek injunctive or other appropriate relief in a court of competent jurisdiction and you consent to jurisdiction and venue for such. Any award declared by arbitrator is binding and may be entered as a judgment in court. You agree that you will not file or participate in any form of class action against us.

Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site and/or by opting-in to our newsletter. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us: info@kalaiaah.com using the subject line: unsubscribe.

General
You agree that our Terms and Conditions are the complete and exclusive agreement between us concerning your use of our Site, and as such supersede and govern all previous agreements, proposals and other communications.

Our Terms and Conditions are effective per the date (see top or bottom of this communiqué) and we reserve the right, in our sole discretion, to revise our Terms and Conditions by posting the changes on our Site.  If you continue to use our Site after changes have been posted, you are, in effect, agreeing to all such revises of our Terms and Conditions.

If you have any questions regarding these Terms and Conditions, please email us at: info@kalaiaah.com and input the subject line as: Terms and Conditions..

Copyright © Kalaiaah Online, March 26, 2016. All worldwide rights reserved.