Terms of Service
Last updated on: December, 2021
By signing up for a Koklass Account or by using any Koklass Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us” and “Koklass” means the applicable Koklass Contracting Party.
The services offered by Koklass under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”) by enabling you to create and build your own online store. Any such services offered by Koklass are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at firstname.lastname@example.org Koklass reserves the right to update and change the Terms of Service by posting updates and changes to the Koklass website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.
1. Account Terms
We use the information we collect in various ways, including to:
- To access and use the Services, you must register for a Koklass Account by providing your full legal name, current address, valid phone number, a valid email address, and any other information indicated as required. Koklass may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
- You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
- You confirm that you are receiving any Services provided by Koklass for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- You acknowledge that Koklass will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Koklass and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Koklass can only be authenticated if they come from your primary Account email address.
- You are responsible for keeping your password secure. Koklass cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You acknowledge that you are responsible for the creation and operation of your Koklass Store.
- You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfillment timelines on your Koklass Store.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
2. Account Activation
- The person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring the name of the Store Owner (including the legal name of the company that owns the Store, if applicable).
- If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Based on your Koklass pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts (Role Based Model) , the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information.
- The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.
- The Store Owner and the users under Staff Accounts are each referred to as a “Koklass User”.
3. General Conditions
- Technical support in respect of the Services is only provided to Shopify Users.
- You may not use the Koklass Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Koklass.
- Questions about the Terms of Service should be sent to Koklass Support.
4. Koklass Rights
- We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
- We reserve the right to refuse service to anyone for any reason at any time.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Koklass customer, Koklass employee, member, or officer will result in immediate Account termination.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Koklass employees and contractors may also be Koklass customers/merchants and that they may compete with you, although they may not use your Confidential Information.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership.
5. Limitation of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws, Koklass shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
- Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or permitted.
- Koklass does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- Koklass does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- Koklass is not responsible for any of your tax obligations or liabilities related to the use of Koklass’s Services.
- Koklass does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
6. Governing Law & Jurisdiction
These Terms are going to be ruled by and taken in accordance with the laws of the State of np, and you submit to the non-exclusive jurisdiction of the state and federal courts set in Nepal for the resolution of any disputes.
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you upload to the Koklass Store. All Materials you upload to your Koklass Store remain yours. You can remove your Koklass Store at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Koklass to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Koklass can, at any time, review and delete all the Materials submitted to its Service, although Koklass is not obligated to do so.
- You retain ownership over all Materials that you upload to the Store; you agree to allow others to view Materials that you post to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- Koklass shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
8. Koklass Email
You may generate or send email from your Account using the Koklass email services. In addition to the terms applicable to the Services generally, the following terms apply to your access and use of the Email Services:
- Koklass employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or Koklass’s Acceptable Use Policy (collectively, “Threats”). By using the Email Services, you explicitly grant Koklass the right to employ such Content Scanning. Koklass does not guarantee that the Email Services will be free from Threats, and each Koklass merchant is responsible for all content generated by their respective Stores.
- You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.
- Your use of the Email Services must follow all applicable guidelines established by Koklass. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:
- using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
- using purchased or rented email lists;
- using third party email addresses, domain names, or mail servers without proper permission;
- failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
- failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
- disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
- failing to include in each email your valid physical mailing address or a link to that information;
- If You or a customer knows of or suspects any violations of the Email Services Requirements, please notify Koklass at email@example.com Koklass will determine compliance with the Email Services Requirements in its discretion.
9. Cancellation and Termination
You may cancel your Account and terminate the Terms of Service at any time by contacting Koklass Support and then following the specific instructions indicated to you in Koklass’s response.
Upon termination of the Services by either party for any reason:
- Koklass will cease providing you with the Services and you will no longer be able to access your Account;
- Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- Any outstanding balance owed to Koklass for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your Store website will be taken offline.
10. Modifications to the service and Prices
Prices for using the Services are subject to change upon 30 days’ notice from Koklass. Such notice may be provided at any time by posting the changes to the Koklass Site (koklass.com) or the administration menu of your Koklass Store via an announcement.
11. Feedback and Reviews
Koklass welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to Koklass be subject to any obligation of confidentiality or expectation of compensation.
12. Privacy and Data Protection