Last updated on: January 06, 2020
Kondarsoft.com is a registered domain for Kondar Global Solutions Ltd (KGS) that is also hosting our shopping platform KondarSoft®. KondarSoft® will be referred throughout the following Terms of Service as “KondarSoft”. It will represent KGS as a company as well as the shopping platform as a SAAS (Software As A Service).
By signing up for a KondarSoft Account (as defined in Section 1) or by using any KondarSoft 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 “KondarSoft” means the applicable KondarSoft Contracting Party (as defined in Section 4 below).
The service offered by KondarSoft under the Terms of Service will help you sell spare parts to buyers online (“Online Services”). Such a service offered by KondarSoft is 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 https://kondarsoft.com/en/page/Terms_of_Services. KondarSoft reserves the right to update and change the Terms of Service by posting updates and changes to the KondarSoft website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. If you do not accept such amendments, you must cease using the Services.
Everyday language summaries are provided for convenience only and appear in bold under each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using KondarSoft or any KondarSoft services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
- To access and use the Services, you must register for a KondarSoft account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. KondarSoft may reject your application for an Account, or cancel an existing Account, for any reason, in 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 KondarSoft for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- You acknowledge that KondarSoft 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 are responsible for keeping your email and cellphone secure while receiving OTPs (One Time Passwords) to access your account. KondarSoft cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account, email and cellphone.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of KondarSoft may result in an immediate termination of your Services.
You are responsible for your Account and any Materials you upload to the KondarSoft Service. Remember that if you violate these terms we may cancel your service.
If we need to reach you, we will send you an email.
2. Account Activation
2.1 Store Owner
- Subject to section 2.1(2), 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.
- 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.
- Your KondarSoft Store can only be associated with one Store Owner. A Store Owner may have multiple KondarSoft Stores. “Store” means the online store associated with the Account.
2.2 Staff Accounts
- Based on your KondarSoft pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, 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 (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
- 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 “KondarSoft User”.
2.3 Bambora Merchant Account
- Upon completion of sign up for the Service, you have to have Bambora Merchant Account in order to use KondarSoft eStore.
- You acknowledge that your Merchant Account with Bambora will be your default payment gateway and that it is your sole responsibility as the Store Owner to activate and maintain this account. If you do not wish to keep the payment account active, it is your responsibility to deactivate it. For the avoidance of doubt, Bambora Merchant Account is a Third Party Service, as defined in Section 16 of these Terms of Service.
3. General Conditions
- Technical support in respect of the Services is only provided to KondarSoft Users.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that KondarSoft may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on KondarSoft’s website, available at https://kondarsoft.com/en/page/Terms_of_Services and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to KondarSoft’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the KondarSoft 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, or the laws of Canada and the Province of British Columbia. 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 KondarSoft.
- You shall not purchase search engine or other pay per click keywords or domain names that use KondarSoft and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to KondarSoft Support.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- The Services allow you to send OTPs (One Time Passwords) to your customers by short message service (SMS) messaging (for example, sending login password via SMS) (the "SMS Services"). You will only use the SMS Services in compliance with these Terms of Service of Swift SMS Gateway's Terms and Conditions and/or CM.com’s Terms and conditions to and the laws of the jurisdiction from which you send messages, and in which your messages are received.
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and KondarSoft’s Terms of Service available in another language, the most current English version of the Terms of Service at https://kondarsoft.com/en/page/Terms_of_Services will prevail.
- All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. KondarSoft shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without KondarSoft’s prior written consent, to be given or withheld in KondarSoft’s sole discretion.
- If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. KondarSoft Contracting Party
- If the billing address of your Store is located in Canada or anywhere else in the world, this Section 4(1) applies to you:
a. “KondarSoft Contracting Party” means Kondar Global Solutions Ltd, a private company limited by shares, incorporated in Canada under registration number BC0975004, with its registered offices located at 201-3701 Hastings St, Burnaby, British Columbia, V5C 2H6, Canada and its website is at https://kondarsoft.com/en/
b. You irrevocably and unconditionally agree to submit to the jurisdiction of the province of British Columbia courts, which have jurisdiction to settle any disputes which may arise out of or in connection with the validity, effect, interpretation or performance of these Terms of Service and you similarly irrevocably and unconditionally waive any objection to any claim that any suit, action or proceeding has been brought by KondarSoft in any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
If a dispute arises you may bring an action in the Province of British Columbia (Canada).
5. KondarSoft 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.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any KondarSoft customer, KondarSoft employee, member, or officer will result in immediate Account termination.
- KondarSoft does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
- 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 KondarSoft employees and contractors may also be KondarSoft customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
- KondarSoft retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, KondarSoft reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at any time.
In the event of an ownership dispute over a KondarSoft account, we can freeze the account or transfer it to the rightful owner, as determined by us.
- “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. KondarSoft’s Confidential Information includes all information that you receive relating to us, or to the Services that is not known to the general public including information related to our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
Both you and KondarSoft agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.
7. Limitation of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws, KondarSoft 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.
- To the extent permitted by applicable laws, in no event shall KondarSoft or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, KondarSoft partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
- 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 statutory.
- KondarSoft does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- KondarSoft does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- KondarSoft 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.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.
8. Waiver and Complete Agreement
The failure of KondarSoft to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and KondarSoft and govern your use of the Services and your Account, superseding any prior agreements between you and KondarSoft (including, but not limited to, any prior versions of the Terms of Service).
If KondarSoft chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.
These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and KondarSoft don’t apply if they conflict with these terms.
9. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the KondarSoft Service. All Materials you upload remains yours. You can remove your KondarSoft 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 KondarSoft to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that KondarSoft can, at any time, review and delete all the Materials submitted to its Service, although KondarSoft is not obligated to do so.
- You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- KondarSoft 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.
Anything you upload remains yours and is your responsibility.
10. Theme Store
- You may establish the appearance of your KondarSoft Store by modifying KondarSoft’s Theme Store (“a Theme”) at no extra cost. You are licensed to use the Theme for a single Store only. You are free to transfer a Theme to a second one of your own Stores if you close your first Store. To initiate a transfer of a Theme to a second one of your Stores, please contact KondarSoft Support. You are not permitted to transfer or sell a Theme to any other person’s Store on KondarSoft or elsewhere. Multiple Stores require multiple Theme amendment and each change is free from any fee.
- You may modify the Theme to suit your Store. KondarSoft may add or modify the footer in a Theme that refers to KondarSoft at its discretion. KondarSoft may modify the Theme where it contains, in our sole discretion, an element that violates the KondarSoft AUP or other provisions of the Terms of Service, even if you received the Theme in that condition. KondarSoft may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and, without prejudice to our other rights or remedies, KondarSoft may take administrative action such as modifying your Store or closing it.
- Technical support for a Theme is the responsibility of KondarSoft and may provide assistance to make it reasonably working on certain internet browsers.
- It is the responsibility of the user, and not KondarSoft, to ensure that the implementation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
You can implement our Themes to use for one Store at a time. Feel free to modify our Theme, but respect that KondarSoft owns its Themes, so don’t infringe on its rights. Note that Themes may disappear over time and are subject to change.
13. Payment of Fees
- You will not pay any Fees applicable to your subscription to Online Service (“Subscription Fees”) nor any other applicable fees, except the applicable fees related to the value of sales made through your Store when using all payment providers other than KondarSoft Payments (“Transaction Fees”).
- You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. KondarSoft will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and KondarSoft will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Canadian dollars, and all payments shall be in Canadian currency.
- Transaction Fees will be charged from time to time at KondarSoft’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the email provided. As well, an invoice will appear on the Account page of your Store’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of the transactions Fees.
- If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, KondarSoft reserves the right to terminate your Account.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- You are responsible for all applicable Taxes that arise from or as a result of your use of KondarSoft’s services. To the extent that KondarSoft charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to KondarSoft of your exemption. If you are not charged Taxes by KondarSoft, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
- For the avoidance of doubt, all sums payable by you to KondarSoft under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by KondarSoft to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. KondarSoft shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
- You must maintain an accurate location in the administration menu of your KondarSoft Store. If you change jurisdictions you must promptly update your location in the administration menu.
- KondarSoft does not provide refunds.
A valid payment method (like a credit card) is required for all stores. Any Transaction Fees or Additional Fees will be charged to your payment method. If we are not able to process payment of Fees using your payment method, we will try again in 3 days. If we are unable to process payment of Fees on the second attempt, we will make a third and final attempt three days later. If payment of Fees is unsuccessful after three attempts, KondarSoft may freeze your store. You may be required to remit Taxes to KondarSoft or to self-remit to your local taxing authority. No refunds.
14. Cancellation and Termination
- You may cancel your Account and terminate the Terms of Service at any time by contacting KondarSoft Support and then following the specific instructions indicated to you in KondarSoft’s response.
- Upon termination of the Services by either party for any reason:
- KondarSoft 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 KondarSoft 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.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the KondarSoft Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
- Fraud: Without limiting any other remedies, KondarSoft may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
To initiate a termination contact Support. KondarSoft will respond with specific information regarding the termination process for your account. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or terminate your account at any time. Any fraud and we will suspend or terminate your account.
15. Modifications to the Service and Prices
- Prices for using the Services (transactions fees) are subject to change upon 30 days’ notice from KondarSoft. Such notice may be provided at any time by posting the changes to the KondarSoft Site (KondarSoft.com) or the administration menu of your KondarSoft Store via an announcement.
- KondarSoft reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
- KondarSoft shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at any time, without liability.
16. Third Party Services
- KondarSoft may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
- Any use by you of Third Party Services offered through the Services or KondarSoft’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, KondarSoft may receive a revenue share from Third Party Providers that KondarSoft recommends to you or that you otherwise engage through your use of the Services or KondarSoft’s website.
- We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that KondarSoft has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on KondarSoft’s website or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with KondarSoft. KondarSoft does not guarantee the availability of Third Party Services and you acknowledge that KondarSoft may disable access to any Third Party Services at any time in its sole discretion and without notice to you. KondarSoft is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. KondarSoft strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. KondarSoft is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
- The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and KondarSoft is not obligated to intervene in any dispute arising between you and a Third Party Provider.
- Under no circumstances shall KondarSoft be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if KondarSoft has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, KondarSoft partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
We are not responsible for third party services so use them at your own risk. If you use Third Party Services on the KondarSoft platform, you permit us to send your data to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.
17. Beta Services
From time to time, KondarSoft may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which KondarSoft will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered KondarSoft Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without KondarSoft’s prior written consent. KondarSoft makes no representations or warranties that the Beta Services will function. KondarSoft may discontinue the Beta Services at any time in its sole discretion. KondarSoft will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. KondarSoft may change or not release a final or commercial version of a Beta Service in our sole discretion.
18. Feedback and Reviews
KondarSoft 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 KondarSoft be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to KondarSoft (whether submitted directly to KondarSoft or posted on any KondarSoft hosted forum or page), you waive any and all rights in the Feedback and that KondarSoft is free to implement and use the Feedback if desired, as provided by you or as modified by KondarSoft, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to KondarSoft must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. KondarSoft reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
19. Notice and Notice Regime
KondarSoft supports the protection of intellectual property and asks KondarSoft merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a Notice to KondarSoft using our form. Upon receiving the Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our Notice and Notice Regime Procedure.
KondarSoft respects intellectual property rights and you should too. If we receive a Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send KondarSoft a Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.
20. Rights of Third Parties
Save for KondarSoft and its affiliates, KondarSoft Users or anyone accessing KondarSoft Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
Only KondarSoft, KondarSoft Users and persons accessing KondarSoft Services have any rights under these Terms of Service.
21. Privacy & Data Protection
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, KondarSoft’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.
Kondar Global Solutions Ltd
201-3701 Hastings St
Burnaby, British Columbia
V5C 2H6, Canada
TEL: + 1-604-708-0116
FAX: + 1-604-677-8238