TERMS OF SERVICE
Kyndful Baby Products Corp Terms of Service
Last Updated: October 8th, 2018
This website is operated by Kyndful Baby Products Corp. Throughout the site, the terms “we”, “us” and “our” refer to Kyndful Baby Products Corp. Kyndful Baby Products Corp offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing products or services through our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
These Terms of Service are subject to change at any time without prior written notice by us. Any new features or tools which are added to the site, or our store, shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes shall constitute your acceptance of and agreement to any changes therein made.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 18 years of age. You may not use our products or 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, privacy laws, copyright, trademark or other intellectual property laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your account, and your access to, use, and benefit of our site and Services.
Online Orders. When placing an order on our site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. Should we elect to accept your offer, a confirmation email will be sent to the email address that you provide. Notwithstanding, we reserve the right to cancel any order once accepted by us at any time in our sole discretion.
Free Trial and subscriptions. Kyndful Baby Products Corp. offers a free trial of diaper and wipes to all new customers so they have the opportunity to experience our products before starting their subscription. All free trials become subscriptions unless they are canceled by logging into their account. On this free trial, customers are only required to pay the shipping fee to the US address of their choice and they will be able to select diaper size and frequency of shipments. Ten (10) days after their free trial checkout, Kyndful Baby Products Corp will send customer's first subscription box. We offer the possibility of changing shipping dates and/or upcoming orders with the sole exception of first order. Customer are responsible for managing and updating their subscription, including, yet not exclusively, changing their diaper size, frequency of shipments, credit card information and shipping address.
Payment Terms. All applicable prices are set forth on the site and are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any applicable taxes and shipping and handling charges. Payment may only be made with a valid credit, debit card. By using any such card, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Shipping Information. We will ship your order to you at the address you provide. While we will make every reasonable effort to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
Returns. Unfortunately, we can’t offer you a refund after you have placed your order. We provide our customers the possibility of testing our products through our Free Trial so that they already know the product when our orders are shipped. Customers are required to update their baby’s diaper size before their shipping date. Once an order has shipped we do not accept returns.
In the event the quantity or size of the products delivered to you are different than the products you ordered, you may return it to us for a refund. If you would like to talk to our customer service team please contact us at: email@example.com
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your information and content (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.
We own and retain all proprietary rights to the kyndful.com service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to, and you agree not to, reproduce, duplicate, copy sell, resell, exploit, transmit or distribute any of our proprietary information or any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material, opinions, advice, statements or other comments on this site should not necessarily be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof). We will attempt to contact you at the provided email address and/or physical address, but are not responsible for you receiving this notification on time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services available through the website may have limited quantities and are subject to return or exchange only according to our Return Policy.
We make every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to accept or refuse any order and subscription in our sole discretion. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact us immediately. It is up to you to maintain the confidentiality of your password and account. We are not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these Terms.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with, and approve of, the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transactions with such third parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, such as contest entries, or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use, in any medium, any such comments. We are, and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine or consider, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or in violation of any intellectual property rights or these Terms of Service.
You agree that your comments or other content that you provide or submit will not violate any copyright, trademark, privacy, personality, publicity or other personal or proprietary right of any third party. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments that you make, and their truthfulness and accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the site and any service it provides is at your sole risk. The site’s services and all products and services delivered to you are (except as expressly stated by us) provided on an “as is” and “as available” basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We make no warranty, guarantee or representation that (1) the site or any services offered will meet your requirements, (2) the services will be uninterrupted, timely, secure, or error-free, (3) the results of using the site or the services will be accurate or reliable, or (4) the quality of the site, products or services will meet your expectations. You agree that in no case shall Kyndful Baby Products Corp., its subsidiaries, affiliates, licensors, licensees, directors, officers, employees, affiliates, agents, contractors, interns, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, consequential, punitive, actual, special, exemplary, or other damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or pain and suffering, emotional distress, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the site, the service or any products procured using the site or service, or for any other claim related in any way to your use of the site, the service, or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site, the service or any content (or product) posted, transmitted, or otherwise made available via the site or the service, even if advised of their possibility, such damages were reasonably foreseeable, or we were grossly negligent.
Subject to applicable law, under no circumstances will the collective obligation or liability of Kyndful Baby Products Corp., and its subsidiaries, affiliates, licensors, licensees, directors, officers, employees, affiliates, agents, contractors, interns, suppliers and service providers, regardless of the form of action (whether in contract, tort, or otherwise) hereunder exceed the purchase price you paid on the site for any goods or services. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Kyndful Baby Products Corp., and its subsidiaries, affiliates, licensors, licensees, directors, officers, employees, affiliates, agents, contractors, interns, suppliers and service providers, shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kyndful Baby Products Corp., and its parent, subsidiaries and affiliates, and each of its and their successors, assignees, shareholders, representatives, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all actions, litigation, claims, demands liabilities, losses, damages (whether direct or indirect, incidental, consequential or otherwise), expenses or costs, including attorney’s fees (collectively, “Claims”), relating to or arising out of your use of this site, including any breach by you of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be invalid, unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - NO WAIVERS; ENTIRE AGREEMENT
Our failure to exercise or enforce any of our rights or provisions under these Terms of Service shall not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW; BINDING ARBITRATION
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principals.
Subject to the following paragraph and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum.
Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be settled by arbitration administered by the American Arbitration Association pursuant to its then-current rules. The arbitration shall be conducted before a panel of one arbitrator in Miami-Dade County, Florida. The arbitration shall be conducted in the English language. The arbitrators will be bound to apply the laws of the State of Florida. The decision of the arbitrator will be made in writing, and shall be final and binding on the parties. Each party shall be responsible for its own costs with respect to the proceedings irrespective of the outcome. This Section provides the sole recourse for the settlement of disputes arising hereunder, except that either party may seek a preliminary injunction or other form of injunctive relief in any court of competent jurisdiction if, in its reasonable, good faith judgment, such action is necessary to prevent or curtail irreparable harm. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced. Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit or consolidated claim in small-claims court with respect to these Terms.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - NOTICES
We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses.
You can contact us at any time by any of the following means: (i) email at firstname.lastname@example.org; or (ii) personal delivery, overnight courier, or registered or certified mail to: KYNDFUL BABY PRODUCTS CORP. ATTN: LEGAL, 3071 orange street, Miami, FL 33133.
SECTION 21 – FORCE MAJEURE; MISCELLANEOUS
We shall not be held responsible for delays or non-performance caused by activities or factors beyond our reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
KYNDFUL BABY PRODUCTS CORP (referred to as “Company,” “us” or “we”) recognizes that your privacy is important. This Policy discloses the privacy practices for our website, www.kyndful.com (the “Site”), as well as related products and services we may offer to you (collectively referred to as the “Services”). This Policy also covers how personal and other information that we receive or collect about you is treated when you visit of make a purchase from this Site. Please read the information below to learn the following regarding your use of this Site.
TYPES OF INFORMATION WE COLLECT
In order to better provide you with our Services, we collect two types of information which we refer to as “Device Information” and “Order Information” (collectively referred to herein as “Personal Information”).
Device Information: This refers to information that we automatically collect about your device when you visit the Site, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. Device Information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis.
We collect Device Information using the following technologies: (a) “Cookies”, which are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org; (b) “Log files” which track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps; and (c) “Web beacons,” “tags,” and “pixels”, which are electronic files used to record information about how you browse the Site.
Order Information: This refers to information we collect from you when you make a purchase or attempt to make a purchase through the Site, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
When you engage in certain activities on this Site, such as registering for an account, using our Services, submitting content and/or posting content, or sending us feedback, we may also ask you to provide certain information about yourself.
HOW WE USE INFORMATION
We use Order Information that we collect primarily to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use Order Information to communicate with you, screen our orders for potential risk or fraud, and provide you with information or advertising relating to our products or services.
We use Device Information that we (or our third party partners) collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. We fully cooperate with law enforcement agencies in identifying those who use our Services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
We work hard to ensure that the data we collect is reliable, accurate, complete and current. We only keep collected information for as long as reasonably necessary and use it only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
You must be at least 18 years old to have our permission to use this Site. Our policy is that we do not knowingly collect, use or disclose Personal Information about minor visitors.
You should also be aware that when Personal Information is voluntarily disclosed (i.e. your name, email address, etc.) in the public areas on this Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Policy does not apply to such information.
If you have any questions, concerns or inquiries about this Policy, our use of your Personal Information, or our privacy practices, please contact us by e-mail at email@example.com. You can also reach us by sending written correspondence to: KYNDFUL BABY PRODUCTS CORP ATTN: LEGAL at 3071 Orange St, Miami, FL, 33133.