TERMS AND CONDITIONS
The Company may modify or replace this Agreement at any time by updating this document on the Site. The user agrees to be bound by the most recent version of the Agreement published on the Site.
1. USE OF THE SITE
(a) You will not view, access or use the Site in any way if this is prohibited by law in your jurisdiction. You represent and warrant that you are at least 13 years of age or older and that all information that you submit to the Site is true, complete and accurate in all respects.
(b) In addition to and notwithstanding any other terms contained in this Agreement, you agree to the following usage instructions when accessing, using or ordering any product on the Site:
i. You will not present on the Site or the Company information that is false, inaccurate or untrue in any way.
ii. You will not denigrate the Site or the Company in any way.
iii. You will not (a) extract data from the Site or its content, (b) decrypt, disassemble, reverse engineer or attempt to derive the source code or ideas or algorithms of any part of the Site or its underlying content, (c) Modify, distribute, reproduce, or create derivative works from any part of the Site or its content, or (d) interfere with the Site’s accessibility, uptime, connectivity, or security.
(c) In addition to other prohibitions as set forth in the Agreement, you are prohibited from using the Site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in any illegal act; (c) to violate any local regulation, rule, law or ordinance at the international, federal, provincial or state level; (d) infringe or violate the intellectual property rights or intellectual property rights of third parties, including without limitation, by reselling, lending, distributing or sub-licensing any video on the Site; (e) to upload or transmit viruses or any other type of malicious code that is or may be used in any way that may compromise the functionality or operation of the Site or any related website, other websites, or the Internet; (f) to collect or track the personal information of others; (g) for spam, phish, Pharm, as a pretext, index, track, or censor; (h) for any obscene or immoral purpose; or (i) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.
(d) The Company reserves the right to suspend the use of the Site or to refuse to provide you with any product for any reason and at any time.
2. OUR PRODUCTS
(a) The Site offers physical products for sale (collectively, the “Products”). When ordering a Product, your payment information may be transmitted through a third-party payment processor to facilitate the order. You agree to be solely responsible for all orders placed by you through the Site.
(b) The receipt of a confirmation order by the Site does not signify our acceptance of your order, nor does it constitute a confirmation of our offer to sell. The Company reserves the right at any time after receiving your order for any Product to accept or reject your order for any reason. We may require verification or additional information before accepting any order. All orders placed on this Site are subject to the availability of the Product ordered. All items purchased by the Company are shipped by a third party carrier under a shipping contract. Prices and quantities are subject to change at any time.
(c) The Site and the Products may occasionally contain typographical errors, inaccuracies or omissions that may relate to the descriptions, prices, promotions, offers, shipping costs, transit times and availability of the Products. Shipping and tracking information is provided as an estimate and is not guaranteed. The Company may correct any errors, inaccuracies or omissions, and may also change or update information or cancel orders if any information on the Site or the Products is found to be incorrect.
(d) All sales are subject to a 30-day return period. Items returned for refund must be returned and received by Kukara within a period of no more than 30 days from the date of delivery. Under no circumstances will refunds be made after 30 days.
(e) You agree that you will not use the Products for any other purpose than its intended legal purposes. In addition, you will not reverse engineer, decode, decompile, or otherwise misuse the Product, including digital software products, in any way. You agree that you will not purchase any Product for the purpose of creating a competing product. If you purchase a Product from the Company, you agree to the license agreement contained on the Site. In addition, you acknowledge that you have the necessary training and the ability to acquire, use and operate any Product that is purchased or acquired from the Company.
(f) It is recommended that the Products be operated by persons 13 years of age or older. Also, the products are not designed to be driven on highways, highways and / or any other type of avenues.
3. INTELLECTUAL PROPERTY OF THE COMPANY
(a) The Products, the Site, and all intellectual property contained in the Site (including, without limitation, copyrights, trademarks, and patents) are the property of the Company and / or its licensors, and the Company and / or its Licensees reserve all rights thereto. Without limiting the generality of this Section 3 (a), you agree not to modify, reproduce, distribute, sell, sublicense, make derivatives of, or otherwise use any of the contents of the Site or of any Product.
4. CUSTOMER SERVICE AND TECHNICAL SUPPORT
(a) Unless otherwise provided in the purchase details on the Site for any Product, the Company may offer customer service and technical support for the Products at its reasonable discretion. However, no guarantee of technical support or customer service is provided beyond that detailed on the Site.
5. NO WARRANTIES
(a) EXPRESSLY SPECIFIED WITH THE PURCHASE OF A PRODUCT, THE COMPANY PROVIDES THE SITE AND ALL PRODUCTS ON AN “AS IS”, “WHERE IS” BASIS, “WITH ALL FAULTS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR LIABILITY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE.
(b) THE COMPANY IS NOT RESPONSIBLE FOR OR GUARANTEES THE TRUTH, ACCURACY, USEFULNESS, SUITABILITY, TIMELINESS, PERFORMANCE OR COMPLETENESS OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THE SITE OR INCORPORATED IN ANY PRODUCT. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND THAT WE EXPRESSLY WILL NOT BE LIABLE FOR ANY INACCURACIES OR ERRORS TO THE GREATEST EXTENT PERMITTED BY LAW.
6. LIMITATION OF LIABILITY
(a) IN NO EVENT SHALL THE COMPANY, ITS OWNERS, DIRECTORS, EMPLOYEES OR AFFILIATES (COLLECTIVELY “AFFILIATES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE RELATED USE OF THE COMPANY. ANY PRODUCT SOLD THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LOST BUSINESS PROFITS, EXPECTED PROFITS, OR SERVICE SUBSTITUTION COSTS, EVEN IF THE COMPANY OR ITS AFFILIATES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL THE COMPANY’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL THE COMPANY EXCEED AN ADDED OF $ 500.00 PESOS.
(a) To the extent permitted by law, you agree to defend, indemnify, and hold the Company harmless from and against any and all claims, liabilities, or losses arising as a result of your use of the Site. or any of the Products or their dependence on it. The Company may seek compensation under this Section 7 (a) at any time after 10 days notice and may assume control of the defense and any settlement.
8. GENERAL TERMS
(a) This Agreement will be governed and interpreted exclusively in accordance with the laws of Mexico City, as well as the applicable laws for the specific case in force in said place, also expressly renouncing any other jurisdiction that by reason of nationality or address may correspond. Any dispute arising under, or related to, the conditions will be raised exclusively in the courts of Mexico City.
(b) THE PARTIES IRREVOCABLY AGREE TO WAIVE THEIR RIGHT TO PARTICIPATE IN ANY CLASS OF ACTION OR COLLECTIVE ACTION, INCLUDING CLASS OR COLLECTIVE ARBITRATION.
(c) The Company may replace, modify or discontinue any Product at any time with or without prior notice.
(d) You agree to pay the corresponding price for each Product that you select and purchase through the Site. All prices are Mexican pesos unless otherwise indicated. Unless expressly stated otherwise, the payment must be covered at the time of purchase of the Product, since if the payment is not made the Product may not be created or shipped.
(e) The Site may add additional Products, services or features from time to time and at its discretion. This Agreement will cover such new offers. In addition, certain Products and services may require your additional acceptance of certain terms, which will be in addition to those of this Agreement.
(f) We engage in the detection of fraudulent transactions to protect our clients. We reserve the right to refuse to process any order if fraud or misuse of financial information is suspected.
(G) All purchases can be completed online through the use of third party payment processing services (collectively, “Processors”). You agree to be bound by the applicable terms of the Processors. The Company and the Processors may receive updated information on your credit cards from your credit card issuer or bank. Updating this information will be at the discretion of your credit card issuer. Neither the Company nor the Processors will be responsible for any transmission of your credit card information. Credit card information will always be encrypted during transmission over the network.
(h) This Agreement, together with any other agreements, warranties, or policies found on the Site or offered with certain Products, constitutes the entire agreement and understanding between you and us and governs your use of the Site, and supersedes any prior agreement, communication and proposal, whether oral or written, between you and us (including, without limitation, any previous version of the Agreement).
(i) We reserve the right to assign this Agreement on the terms of a merger, sale or acquisition.
(j) The delay or failure of the parties to enforce any term of this Agreement shall not be construed as a waiver of said term. In the event that any of the provisions of the Agreement are deemed unenforceable, the remainder of the Agreement will continue in full force and effect to the maximum extent permitted by law.
Terms and Conditions
Effective date: January 1, 2017