This document is a legally binding agreement between you as the user(s) of the kilomens Sites (referred to as "you", "your", "Customer" , "Member" or "User" hereinafter) and the different kilomens Sites entities defined by the following. (referred to as "we", "our", "us" or "kilomens" hereinafter)
The terms and conditions of using www.kilomens.com and all associated services are outlined in this Agreement.
Accessing, browsing, or otherwise using the Site indicates that you agree to the terms and conditions. Please read this Agreement carefully before proceeding. Kilomens.com reserves the right to change all terms and conditions of this website at any time.
1. Application and Acceptance of the Terms
Please do not use the Services or the Sites if you do not accept the Terms.
1.2 According to laws and regulations, you must be at least 16 years of age. If your country's national law requires full civil capacity to be older than 16 years old, you should have reached the required age. If you register as a user on this site, kilomens will default to you as a fully civil capacity people.
1.3 You acknowledge and agree that kilomens may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you.
1.4 If kilomens has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Sites.
1.5 You may be required to enter into a separate agreement, whether online or offline, with kilomens or our affiliate for any Service ("Additional Agreements"). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of kilomens.
2. Provision of Services
2.1 You must register as a member on the Sites in order to access and use some Services. Further, kilomens reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that kilomens may impose in our discretion.
2.2 Some Services may be provided by kilomens's affiliates on behalf of kilomens.
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Kilomens may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 You acknowledge and agree that kilomens.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
2.5 The Terms may not otherwise be modified except in writing by an authorized officer of kilomens.com.
3. TRADE RULES
3.1 Price and Payment. Pricing of products sold by kilomens.com is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages.
All prices are exclusive of sales and use tax and other taxes (where applicable) which will be charged to you separately at the applicable rate. If for some reason we are unable to ship your goods, the value of the items that are not shipped will be refunded to your Wallet in your User Account or your original method of payment, whichever you so select.
All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered and the delivery charge plus sales and use tax and other applicable taxes.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.
3.2 Shipping & Delivery. Kilomens.com can ship from different warehouses. For orders with more than item, we may split your order into several packages according to stock levels at our own discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. If you have not received your delivery long after the delivery time, please contact our Customer Services.
4. Users Generally
4.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when using the Sites or Services.
4.2 You agree to use the Sites or Services solely for your own private and internal purposes. You agree that
(a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the "Sites Content"), and
(b) you will not copy, reproduce, download, compile or otherwise use any Sites Content for the purposes of operating a business that competes with kilomens, or otherwise commercially exploiting the Sites Content. Systematic retrieval of Sites Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from kilomens is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
4.4 Kilomens may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web site. You are cautioned to read such web site' terms and conditions and/or privacy policies before using the Site. You acknowledge that kilomens has no control over such third parties' web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
4.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of kilomens and/or any other User nor to gain unauthorized access to such computer systems or networks.
4.6 You agree not to undertake any action which may undermine the integrity of kilomens’s feedback system, such as leaving positive feedback for yourself.
5. Member Accounts
5.1 User must be registered on the Site to access or use some Services. Except with kilomens.com's approval, one User may only register one member account on the Site. Kilomens.com may cancel or terminate a User's member account if kilomens.com has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, kilomens.com may reject User's application for registration for any reason.
5.2 Upon registration on the Site, kilomens.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
5.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member's own business entity. Member agrees to notify kilomens.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
5.4 Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any additional agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
5.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to kilomens.com or other Users of the Site. Member shall indemnify kilomens.com, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member's failure to maintain the security of your account, kilomens.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member's account without liability to Member.
6. Member's Responsibilities
6.1 Each Member represents, warrants and agrees that they have full power and authority to accept the Terms in this Agreement.
6.2 Member will be required to provide information or material about your entity as part of the registration process on the Site for a member account. Each Member represents, warrants and agrees that
(a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and
(b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
6.4 Each Member represents, warrants and agrees that any User Content that they submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party ( "Third Party Rights" ).
6.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
(a)be true, accurate, complete and lawful;
(b) not be false, misleading or deceptive;
(c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
(d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(e) not contain any link directly or indirectly to any other web Site which includes any content that may violate the Terms.
6.6 Each Member further represents, warrants and agrees that you shall:
(a) carry on your activities on the Site in compliance with any applicable laws and regulations;
(b) carry on your activities in accordance with the Terms and any applicable additional agreements;
(c) not use the Services or Site to defraud any person or entity;
(d)not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
(e) not engage in spamming or phishing;
(f) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
(g)not involve attempts to copy, reproduce, exploit or expropriate kilomens.com's various proprietary directories, databases and listings;
(h)not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
(i)not involve any scheme to undermine the integrity of the data, systems or networks used by kilomens.com and/or any user of the Site or gain unauthorized access to such data, systems or networks;
(j)not engage in any activities that would otherwise create any liability for kilomens.com or our affiliates.
6.7 Member may not use the Services and member account messaging to engage in activities which are identical or similar to kilomens.com’s e-commerce business.
6.8 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for kilomens.com's provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member's failure to do so results in delay in, or suspension or termination of, the provision of any Service, kilomens.com shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
6.9 Member acknowledges and agrees that kilomens.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Kilomens.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
7. Breaches by Members
7.1 Kilomens.com reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject kilomens.com or our affiliates to liability, or is otherwise found inappropriate in kilomens.com’s opinion.
7.2 If any Member breaches any Terms or if kilomens.com has reasonable grounds to believe that any Member is in breach of any the Terms, kilomens.com shall have the right to impose a penalty against the Member, or suspend or terminate the Member's account or subscription of any Service without any liability to the Member. Kilomens.com shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by kilomens.com. The penalties that kilomens.com may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as kilomens.com may consider appropriate in our sole discretion.
7.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
(a) Kilomens.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party.
(b) Kilomens.com has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading.
(c) Kilomens.com believes that the Member's actions may cause financial loss or legal liability to kilomens.com or our affiliates or any other Users.
7.4 Kilomens.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, kilomens.com may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Kilomens.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against kilomens.com for such disclosure.
7.5 If a Member is in breach of the Terms, kilomens.com also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, kilomens.com also reserves the right to disclose the records of such breach to our affiliates . Such kilomens.com affiliates may impose limitation on, suspend or terminate the Member's use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member's breach of the Terms on the website operated by or controlled by such kilomens.com affiliates.
7.6 Kilomens.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member's use of any Service or the Site without being liable to the Member if kilomens.com has received notice that the Member is in breach of any agreement or undertaking with any affiliate of kilomens.com and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Kilomens.com shall have the right to publish the records of such breach on the Site. Kilomens.com shall not be required to investigate such breach or request confirmation from the Member.
7.7 Each Member agrees to indemnify kilomens.com, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
7.8 Each Member further agrees that kilomens.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Kilomens.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with kilomens.com in asserting any available defenses.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, the services provided by kilomens on or through the sites are provided "as is", "as available" and "with all faults", and kilomens hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. all such warranties, representations, conditions, and undertakings are hereby excluded.
8.2 To the maximum extent permitted by law, kilomens makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the sites; kilomens.com does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the sites does not violate any third party rights; and kilomens makes no representations or warranties of any kind concerning any product or service offered or displayed on the sites.
8.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to kilomens's computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from kilomens or through or from the Sites shall create any warranty not expressly stated herein.
8.4 Each User hereby further agrees to indemnify and save kilomens, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Sites. Each User hereby further agrees that kilomens is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Kilomens reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with kilomens in asserting any available defenses.
8.5 Kilomens shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
(a) the use or the inability to use the Sites or Services;
(b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites;
(c) unauthorized access by third parties to data or private information of any User;
(d) statements or conduct of any User of the Sites; or;
(e) any matters relating to Services however arising, including negligence.
8.6 Notwithstanding any of the foregoing provisions, the aggregate liability of kilomens, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to kilomens or our affiliates during the calendar year and (b) HK$1,000. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose.
8.7 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not kilomens has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure
9.1 Under no circumstances shall kilomens be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
10. Proprietary Rights
10.1 Intellectual Property Rights
Kilomens is the sole owner or lawful licensee of all the rights and interests in the Sites and the Sites Content. The Sites and Sites Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Sites Content shall remain with kilomens our affiliates or licensors of the Sitse Content, as the case may be. All rights not otherwise claimed under the Terms or by kilomens are hereby reserved.
"kilomens.COM" and related icons and logos are registered trademarks or trademarks or service marks of kilomens, kilomens may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
10.2 Reviews and Comments
Except otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to kilomens.com, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to kilomens.com without charge, and kilomens.com shall have royalty-free usage rights.
You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead kilomens.com or third parties as to the origin of any Submissions or Content. Kilomens.com may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of kilomens.com (collectively, "Content"), belongs exclusively to kilomens.com or its appropriate content suppliers. All rights not expressly granted are reserved by kilomens.com. Violators will be prosecuted to the full extent of the law.
11. Governing Law
This Agreement shall be governed by the laws of Hong Kong, without regard to its conflict of law principles.
Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong.