This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Acharya Consulting Services and Sales (“Bulk Services“) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.
The terms “we”, “us” or “our” shall refer to WebsiteKiDukan. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. MODIFICATION OF AGREEMENT, SITE OR SERVICES
WebsiteKiDukan may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, WebsiteKiDukan may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. WebsiteKiDukan assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, WebsiteKiDukan may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. WEBSITEKIDUKAN RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
3. ELIGIBILITY; AUTHORITY
This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Bulk Services finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Bulk Services shall not be liable for any loss or damage resulting from Bulk Services reliance on any instruction, notice, document or communication reasonably believed by Bulk Services to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Bulk Services reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
4. YOUR ACCOUNT
In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Bulk Services that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Bulk Services has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Bulk Services reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, Bulk Services recommends that you change your password and shopper PIN at least once every six (6) months for each Account. You must notify Bulk Services immediately of any breach of security or unauthorized use of your Account. Bulk Services will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Bulk Services or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
5. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
1. Your use of this Site and the Services , including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
3. You will not use this Site or the Services in a manner (as determined by Bulk Services in its sole and absolute discretion) that:
o Is illegal, or promotes or encourages illegal activity;
o Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
o Promotes, encourages or engages in terrorism, violence against people, animals, or property;
o Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
o Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
o Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
o Infringes on the intellectual property rights of another User or any other person or entity;
o Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
o Interferes with the operation of this Site or the Services found at this Site;
o Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
o Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Bulk Services or Bulk Services‘s Services.
o You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
4. You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Bulk Services.
5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
6. You will not access Bulk Services Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Bulk Services may designate.
7. You agree to back-up all of your User Content so that you can access and use it when needed. Bulk Services does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
8. You will not re-sell or provide the Services for a commercial purpose, including any of Bulk Services‘s related technologies, without Bulk Services‘s express prior written consent.
9. You will not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Bulk Services Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Bulk Services Content or the User Content therein.
10. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
11. You are aware that Bulk Services may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Bulk Services asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Bulk Services is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Bulk Services that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from Bulk Services. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of Bulk Services that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from Bulk Services. Message and data rates may apply.
12. Without limiting any of the rights set forth elsewhere in this Agreement, Bulk Services expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Bulk Services policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by Bulk Services in its sole and absolute discretion).
13. If your purchase or account activity shows signs of fraud, abuse or suspicious activity, Bulk Services may cancel any service associated your name, email address or account and close any associated Bulk Services accounts. If you conducted any fraudulent activity, Bulk Services reserves the right to take any necessary legal action and you may be liable for monetary losses to Bulk Services including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact Bulk Services Care.
PROTECTION OF YOUR DATA
Bulk Services offers certain hosted Services available to you that may involve the submission, collection and/or use of personally identifying or identifiable information about you and your own customers (“Your Data”) in the course of your use of these Services (“Covered Services”). Your Data, for the purpose of this Section, excludes any User Content. Bulk Services‘s Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to Covered Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the transfer of Your Data, including transfers of Your Data from the EEA to the Covered Services, meets with compliance under applicable data privacy laws.
For the purposes of the DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of the terms of service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acknowledgement and acceptance of the DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable). If you wish to print, sign and return a physical copy of the DPA, please send an email request to firstname.lastname@example.org.
Covered Services, as defined in this Section and in the DPA, include hosted services that are subject to the terms and conditions of the following Agreements: (1) Domain Name Registration, (2) Email Marketing Services, (3) Hosting, (4) Online Store/Quick Shopping Cart, (5) Website Builder Services.
7. USER CONTENT
Some of the features of this Site or the Services, including those Services that are hosted with Bulk Services, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is consider User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to Bulk Services that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.