Terms of Use
Your legal rights and our terms of use
When you visit and use our online shop (hosted by Shopify) you should be aware of the terms of service and the policies of Kadamba Foundation and Shopify. Find the links below to guide you to these legal rules and rights.
And if you have any questions about these matters feel free to contact us.
Terms of Use
The following terms and conditions (“Terms”) govern all use of the Kadamba Foundation website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Kadamba Foundation’s Privacy Policy) and procedures that may be published from time to time by Kadamba Foundation (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Kadamba Foundation, acceptance is expressly limited to these Terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services may require a Kadamba Foundation account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. Kadamba Foundation shop
Your Account
If you create an account you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Kadamba Foundation of any unauthorised uses of your account, or any other breaches of security. Kadamba Foundation will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Kadamba Foundation offers a store were goods and content are sold. The store is powered by Shopify so if you use the store, these additional terms apply. We do not take responsibility for any technical errors or malfunctioning software that are related to Shopify's software.
Payments done through PayPal and other payment methods are handled by third party payment providers like PayPal. Kadamba Foundation does not take any responsibility for payments handled through third party providers. You agree that only the necessary personal details are shared with those providers to correctly process orders. (Read our privacy policy for more details). Kadamba Foundation will try to resolve any issues with third party payment providers for orders made in our shop.
Kadamba Foundation is not liable for any shipments, the shipment duration or transport damages done by third party shippers. Kadamba Foundation uses a variety of shipping companies with each their own terms of use. Kadamba Foundation will try to resolve any issues with shipments and parcel tracking for orders made in our shop.
Warranty and refund policy
There are a few important things to keep in mind when returning a product you purchased online:
EU citizins have 14 calendar days to return an item from the date you received it.
Only items that have been purchased directly from Kadamba Foundation can be returned to us. Please ensure that the item your returning is repackaged with all the cords, adapters and documentation that were included when you received it. There are some items, however, that are ineligible for return, including:
Opened software*
Electronic Software Downloads
Kadamba Foundation Store Gift Cards and vouchers* You can return software, provided that it has not been installed on any computer. Software that contains a printed software license may not be returned if the seal or sticker on the software media packaging is broken.
2. Responsibility of Visitors
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Kadamba Foundation disclaims any responsibility for any harm resulting from the use by our writers of our Services, or from any downloading by those writers of content there posted.
4. Copyright Infringement and DMCA Policy.
As Kadamba Foundation asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Kadamba Foundation violates your copyright, you are encouraged to notify Kadamba Foundation in accordance with Kadamba Foundation’s Privacy Policy. Kadamba Foundation will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Kadamba Foundation will terminate a contributor's access to and use of the website if, under appropriate circumstances, the contributor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Kadamba Foundation or others. In the case of such termination, Kadamba Foundation will have no obligation to provide a refund of any amounts previously paid to Kadamba Foundation.
5. Intellectual Property.
This Agreement does not transfer from Kadamba Foundation to you any Kadamba Foundation or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Kadamba Foundation. The Kadamba Foundation logo, and all other trademarks, service marks, graphics and logos used in connection with Kadamba Foundation or our Services, are trademarks or registered trademarks of Kadamba Foundation or Kadamba Foundation’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Kadamba Foundation or third-party trademarks.
6. Changes.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
7. Termination.
Kadamba Foundation may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Kadamba Foundation account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties.
Our Services are provided “as is.” Kadamba Foundation and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kadamba Foundation nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
9. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws in the Netherlands.
10. Limitation of Liability.
In no event will Kadamba Foundation, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Kadamba Foundation under this Agreement during the twelve (12) month period prior to the cause of action. Kadamba Foundation shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty.
You represent and warrant that (i) your use of our Services will be in strict accordance with the Kadamba Foundation Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Netherlands or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
12. Indemnification.
You agree to indemnify and hold harmless Kadamba Foundation, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
13. Translation.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
14. Miscellaneous.
This Agreement constitutes the entire agreement between Kadamba Foundation and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Kadamba Foundation, or by the posting by Kadamba Foundation of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Kadamba Foundation may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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