Terms of Service

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Welcome to http://boldkarma.com. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of Nov 22, 2013.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

1. OWNERSHIP
1.1 The services offered by BOLDKARMA.COM including concepts, ideas, artwork, animations, methods of function, coding related to computer, moral and legal rights, documented archives, profiles, accounts of users, any non user published content except third party advertisements and any other data related to BOLDKARMA.COM published by us are copyrighted works exclusively owned by BOLDKARMA.COM.
1.2 NO ONE shall have the right, without our express consent, to change, alter, modify, reproduce, amend, download, distribute, transmit, transfer and copy all or any part of the above mentioned materials.
1.3 NOTWITHSTANDING anything said in the terms of service and privacy policy, the user expressly agrees that he shall have no ownership right and any kind of property interest in the user account provided by BOLDKARMA.COM, related profiles, at any point of time and same shall belong to BOLDKARMA.COM and should be employed for the benefit of the same.
1.4 NOTHING in this clause shall be deemed to give rise to any liability on BOLDKARMA.COM due to user posted content on our website or through our services. We reserve the right to terminate or suspend any account subject to the Section 16 of these terms of service.

2. INITIAL INFORMATION
2.1 By making a purchase with us, you are agreeing to the following terms and conditions.
2.2 It is your responsibility to ensure that you are fully aware of all these terms and conditions when making a purchase with BOLDKARMA.COM.
2.3 These terms and conditions can be altered at any time, so you should read them every time you make a purchase on this website.

3. PAYMENT
Payment is taken from your card approximately on the day following the time it is dispatched, when all of our processing is performed. Once the payment has been made and the order is confirmed it shall not be canceled.

4. DELIVERY OF GOODS
4.1 Although we endeavour to strictly adhere to this delivery estimate, during extremely busy periods it may not be possible to meet these deadlines. In these cases you will be notified by email. Should this happen, you have the right to either continue with the order or cancel it.
4.2 Lost deliveries. We use the USPS for all of our deliveries for reasons of reliability and convenience. Unfortunately, as with all delivery services, there are very rare circumstances where parcels do not arrive in the agreed timescale or they are lost completely. Under these circumstances, we endeavour to ensure that the item is delivered to you as soon as possible by contacting the delivery service and attempting to locate your parcel and have it delivered. You may also contact the delivery service yourself with the tracking number supplied to you in your despatch email.
4.5 Please note that in a multiple occupation building, anyone in the building is allowed to sign the parcel to confirm its receipt. USPS considers an item as delivered once a signature at the designated address is achieved. It is your responsibility to ensure that the recipient is at the delivery address, or to obtain the delivered parcel from the signatories.
4.6 If an item is returned to us undelivered because it was not collected or received by the recipient, we offer to re-despatch your order one time at no extra charge. If it is undelivered again, we reserve the right to charge delivery charges for subsequent deliveries. If a delivery is failed, it is the customer's responsibility to contact the local sorting office to organize a redelivery or collection.
4.7 When receiving your order you should inspect the packaging to ensure that it has not been tampered with in any way. If it does appear to be tampered with, you should refuse delivery. If the delivery is accepted and signed for, you will have entered into a contract to accept the item in its delivered state and, as such, we cannot assume liability for any subsequent issues surrounding loss or damage.

5. PRICES
5.1 Our prices may change. Generally, we release new prices on a schedule and prices change at midnight only, and we also inform you of this scheduled price change in advance on the product page. However, we may also update prices during working hours.
5.2 All manufacturers generally have price increases throughout the years, due to increases in manufacturing costs and inflation. While we try to absorb as much of these costs ourselves, these price increases are unavoidable. We always aim to notify customers of pending price increases on the product details page.
5.3 We do not have control over prices listed on external sites, including Google cached listings, shopping feeds or any other site. We are not obliged to provide products for any price which is listed on an external site. We do not have control of the rate at which search engines crawl our site, and therefore the information in the search results may not be indicative of up to date prices.

6. THE CONTRACT OF SALE
6.1 On occasion, an item may be mispriced and if you purchase that mispriced item, we reserve the right to cancel the contact and relist the product at the correct price.
6.2 We reserve the right to cancel any order at any time prior to delivery, for any reason – No contract of sales exist until your order is verified by our automated algorithms or by a member of staff, at which point the order status is set to ‘Order in progress’. Our initial order status, ‘Processed’ does not mean that a contract of sale is in place. This only means that the order has been successfully received into our system. From there on, validity and verification must take place before the contract of sale exists. Further, we reserve the right to degrade the order status from ‘Order in progress’ to ‘Declined’ should our order become unacceptable for any reason.
6.3 The contract made between us through any transaction is governed by the laws of New York, using only the English language.

7. RETURN AND COOLING OFF PERIOD
7.1 Please ensure you have read our refund and returns policy and understand it fully. This does not affect your statutory consumer rights.
7.2 Refunds are processed as promptly as possible. Return volume is unpredictable in seasonal periods as most refunds are processed on the day of receipt, but we shall take up to a maximum 30 days for the refund to be complete.
7.3 Items which have been used are not eligible under this refund policy.
7.4 You should refer to our up to date returns policy at: http://boldkarma.com/privacy-policy/.
7.5 If a visual defect is found with the item(s) on arrival (out of the box), you must notify us within 24 hours.

8. ACCOUNT INFORMATION
We allow our users to create an account to use our services. They can create the account through our website or through our mobile application. Any inclusion of new website for the purposes of creating an account with us shall be informed to the users through notification on our website or through email. We encourage our users to confirm the authenticity of any other website claiming to provide our services. We also reserve the right to publish latest offers, your activities and use your account to send invites to your friend unless expressly denied by you through privacy settings.

9. YOUR ACCEPTANCE OF THE TERMS:
You may not accept the Terms or use the Services, if:
(a) You are not of legally required age in order to enter and to form a legally binding contract, or
(b) You are restricted or barred from availing / receiving the services under the laws of the Switzerland or other countries including the country in which you are resident or from which you use the Services, or
(c) You suffer from some other legal disability affecting your ability to enter into contracts. We would recommend that you print out a copy of the Terms and retain the same for your records or save a copy of the Terms for your records.

10. USERNAME AND PASSWORD (LOGIN INFORMATION)
In order to access our services, you will be required to provide a unique username and a password for secure access. We DO NOT store your password with us. It is sent to you the moment it is auto-generated through computer.
The username and password are always necessary to use our services and jointly shall be referred to as Login information.
i. It is your duty to maintain the confidentiality of your username and password.
ii. It is your duty to inform us of any possible or reasonable apprehension about breach as soon as possible.
iii. It is your duty to not to share your username and password with anyone else.
iv. You shall be held liable if any illegal or related activity has been done using your account.

11. ACCESS TO OUR SERVICES
Our services are available globally and anyone is allowed to access our services if it is lawful in their country to do so. Nothing in this clause shall prevent us from suspending or terminating your account as per provisions laid down in this agreement. The right to access the services is based on following conditions:
i. The services shall be available only for non-commercial purposes and shall not be used to advertise, propagate or transmit any kind of commercial advertisements.
ii. The services shall be available only for people above the age of thirteen.
iii. No user is permitted to have more than one account at a time.
iv. The user shall not provide us with any false information for account creation.
v. The user must not create another account when his first account has been terminated or suspended by BOLDKARMA.COM
vi. The user must not operate account of any other person.
vii. The user must not have an account to use our services when it is illegal in his country to do so.
viii. The user shall use his account only for lawful purposes and no illegal conduct shall happen from the said account.
ix. The user shall abide by the terms of use and privacy policy of BOLDKARMA.COM.
x. The user’s action must be in strict accordance with the law.

12. USER POSTED OR PUBLISHED CONTENT
The user shall agree to provide us:
i. True, accurate and authentic information during the time of registration which may include but is not limited to first name, last name, mobile number, address with Pin Code, Country.
ii. Honest opinion about the working and quality of services of the website when asked for through surveys or drives.

II. The user shall use the services of the website in highly ethical manner without resorting to abusive or offensive content.
III. The user shall not post anything on our website which may be and can be taken as harmful to the interests of BOLDKARMA.COM or associated companies.
IV. The users shall have the liberty to provide suggestions or proposals to BOLDKARMA.COM through feedback@websitename.com. However, in no event, BOLDKARMA.COM is required to
i. Maintain any confidentiality of your submission, comment, proposal or information.
ii. Respond or accept your suggestions, comment, proposal, information or submission in any way.
We may employ your suggestions, submissions, information, comment or proposals without any prior notice, compensation or credit to you.
V. The user shall be solely responsible for any liability that arises due to the content posted by him through our services. You shall bear all responsibility for any defamatory, libelous, offensive, objectionable and abusive content you post.
The user hereby agrees to indemnify BOLDKARMA.COM, BOLDKARMA.COMor any sister companies for any liability that it may have to incur due to the user posted content.

VI. We reserve the right to repost, store, distribute, transfer and transmit any user posted content without any prior consent of the user.
VII. We reserve the right to access, monitor and store your IP address and other related personal information and same can be disclosed under the terms of PRIVACY POLICY. By agreeing to our terms of policy, you explicitly agree to the accessing, monitoring and storing of the said information.

13. DUTIES OF THE BOLDKARMA.COM
BOLDKARMA.COM guarantees you that all the services will be provided to you with highest standard of professional ethics at all time in good faith. We assure you to provide:
i. Permission to create, have and operate an BOLDKARMA.COM account through our website or any of the websites mentioned in Section 8. Nothing in this clause shall prevent BOLDKARMA.COM from rejecting, deleting or removing a comment that it deems to be in violation of the present terms of service or privacy policy.
ii. Access to offers, loyalty programs and other beneficial services of BOLDKARMA.COM.
iii. Everything in our capacity to provide you high quality services all the time and will employ best of our resources to give you an all time running service and to protect your privacy and the safety of your data.
Provided nothing in this section shall be deemed to give rise to any liability on the part of BOLDKARMA.COM.

14. DUTIES OF THE USER
i. The user shall at all the times, use the account in a lawful and ethical manner, which shall not be in conflict with the intent and purpose of the service.
ii. The user shall refrain from carrying out any activity that violates any term of the privacy policy and terms of service.
iii. The user shall not initiate or indulge in any activity that aims at disrupting, harming, overburdening of our system servers, computers and technical resources that have been employed to provide you with our services or facilitate the same.
iv. The user shall not try to gain unauthorized or illegal access into our databases, user files and folders at any time.
v. The user shall not try to gain unauthorized and unlawful access to accounts registered by other users to access our services.
vi. The users at no point of time use this service to commit a crime or facilitate the same.
vii. The users must refrain from collecting and using personal information of other users without BOLDKARMA.COM and user’s express permissions.
viii. The user shall not take part or initiate an activity that will harm the commercial, business, technical or any related interests of BOLDKARMA.COM or BOLDKARMA.COM and associated companies.
ix. The user shall not use our services in any way to promote his commercial interests. Commercial interests of a company of which he is an employee, commercial interests of any company for that matter and any interest of a company which is engaged in a similar business and qualifies to be a rival company to our business.

15. SUSPENSION AND TERMINATON OF ACCOUNTS
BOLDKARMA.COM reserves the right to suspend, temporarily restricts, limit, alter or modify user accounts or services under following conditions:
i. When BOLDKARMA.COM or its representatives sincerely believe that or suspect that your activities are in violation of our terms of service and privacy policy any related rule or guidelines released by us at any point of time.
ii. When BOLDKARMA.COM or its representatives sincerely believe that or suspect that when your activities directly threaten or harm the commercial or any related interest of BOLDKARMA.COM or BOLDKARMA.COMor associated companies.
iii. When BOLDKARMA.COM or its representatives sincerely believe that or suspect that your activities on our website may give rise to legal disputes or liabilities for BOLDKARMA.COM or BOLDKARMA.COMor any associated or sister companies.
iv. When your activities in past have created or invited legal liabilities for BOLDKARMA.COM or BOLDKARMA.COMor any associated or sister companies.
v. When BOLDKARMA.COM or its representatives sincerely believe that or suspect that your activities that include a dispute with another user have tarnished or might tarnish the images and goodwill of the website.
Nothing in this section shall limit our options before law or other legal remedies.
The user also reserves the right to terminate or delete his account without any prior notice to BOLDKARMA.COM by following the procedures given on our website.

16. INDEMNIFICATION
Users agree to indemnify and hold BOLDKARMA.COM, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from member’s use of this website or from member’s violation of this Agreement or any third party’s rights including but not limited to copyright, property, and privacy rights.
This indemnification and hold harmless obligation will survive the termination of this Agreement.

17. LINKS TO THIRD PARTY WEBSITES
This website contains hyperlinks to other websites operated by parties other than BOLDKARMA.COM, and other resources and advertisers. Such hyperlinks are provided for your reference only. BOLDKARMA.COM is not responsible for the availability of these external sites nor is it responsible for any of the contents, advertising, products, or other materials on such external sites. BOLDKARMA.COM’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Under no circumstances shall BOLDKARMA.COM be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or Webmaster.

18. PERSONAL USE
The User expressly agrees to use the Service strictly for personal purpose. The User shall not recompile, disassemble copy, modify, distribute, transmit, display, circulate, broadcast, perform, reproduce, publish or create derivative works from, transfer, or sell any information, content, software, products, tools or services accessed from this web site. The User may not rent, lease, sell, sublicense, lend or in any manner allow any other party to use the Service, with or without consideration. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.

19. SECURITY AND REPORTING
You agree that you are responsible for keeping your screen name and password for your account secret. We advise that you change your password regularly and use a password that is not easy for others to guess. You acknowledge that BOLDKARMA.COM is not responsible for third party access to your account that results from sharing by you or the theft or misappropriation of your screen name and password. BOLDKARMA.COM reserves the right to suspend your access to the Site or terminate your account if BOLDKARMA.COM suspects an unauthorized person is attempting to access it.

You agree to tell BOLDKARMA.COM immediately about:
(i) any violation of these terms of use by others (including but not limited to other members) of which you become aware; and
(ii) any known or suspected unauthorized access to your account.
Your IP is logged when placing an order. This is for reasons of fraud protection. All orders are scanned for fraud by us before they are shipped. If you specify a different shiping address to the billing address then your order may take longer as we have to perform the necessary checks. Fraudulent or suspicious orders may be disclosed to the appropriate authorities on their legal request.

20. LIMITATION OF LIABILITY
NEITHER PARTY SHALL BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST OR CORRUPTED DATA, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY), OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), EVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THIS POSSIBILITY. USER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SUBSCRIPTION SERVICES, SOFTWARE AND DOCUMENTATION NECESSARY TO ACHIEVE USER’S INTENDED RESULTS, AND FOR THE USE AND RESULTS OF THE SUBSCRIPTION SERVICES OR WORK PRODUCT. EACH PARTY’S TOTAL LIABILITY FOR ANY DIRECT LOSS, COST, CLAIM OR DAMAGES OF ANY KIND RELATED TO THE RELEVANT ORDER FORM SHALL NOT EXCEED THE AMOUNT OF THE PURCHASE COST PAID OR PAYABLE BY USER TO BOLDKARMA.COM UNDER SUCH RELEVANT ORDER FORM DURING THE 24 MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LOSS, COST, CLAIM OR DAMAGES.

21. DISCLIAMER OF WARRANTIES
You acknowledge that the services are provided "AS IS" and "AS AVAILABLE" without warranty of any kind whatsoever. BOLDKARMA.COM, its employees, affiliates and service providers make no warranty as to the BOLDKARMA.COM Website and the entire risk is with you. BOLDKARMA.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. BOLDKARMA.COM MAKES NO WARRANTY OR GUARANTY THAT THE CONTENTS OF THE SITE ARE COMPLETE, ERROR-FREE, OR THAT THE SITE WILL OPERATE IN A MANNER THAT IS SECURE (UNLESS OTHERWISE INDICATED), UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE IS OR WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. IT IS UP TO YOU TO TAKE ANY AND ALL PRECAUTIONS TO ENSURE THAT THE INFORMATION YOU ACCESS AND USE FROM THE SITE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. CHANGES MAY BE MADE TO THE CONTENTS AND SOFTWARE ON THE SITE, AND THE PRODUCTS AND SERVICES DESCRIBED WITHIN OR OFFERED ON THE SITE, AT ANY TIME WITHOUT NOTICE. BOLDKARMA.COM USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SITE. BOLDKARMA.COM IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; OR INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS.

22. ELECTRONIC AGREEMENT; NOTICE
You understand and agree that we transact with our users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to us, or by posting a notice on the appropriate Web page. By using the Sites or registering with us, you represent that you have the necessary equipment, software and internet access to read, review, print and store any terms or notices that we provide to you. Your affirmative act of either (i) accessing and using BOLDKARMA.COM, and/or (ii) registering with us, and/or (iii) providing a Submission, constitutes your electronic signature to this Agreement. You acknowledge that these Terms may not be denied legal effect or enforceability solely because this Agreement was formed electronically.

23. FORCE MAJURE
BOLDKARMA.COM maintains that we shall not be held liable for any failure or departure from any duty laid down in Section 14 which has happened due to circumstances beyond our reasonable control which includes but is not limited to natural disasters like flood, earthquake, acts of god, war, terrorism, religious and other riots, economic and technological embargoes etc.

24. FOREIGN JURISDICTION
The services of BOLDKARMA.COM are available globally. By agreeing to our policy, you warrant that it is completely legal to use our services and website in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify BOLDKARMA.COM, BOLDKARMA.COM, associated or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so.

25. ARBITRATION
We, at BOLDKARMA.COM, encourage out of court dispute settlement. By agreeing to this agreement, you expressly agree to approach us for final and binding, non-appearance based arbitration in case of any dispute. The arbitrator shall be a sole arbitrator appointed with the mutual consent of both the parties within 30 days of the dispute. If Arbitrator is not appointed within 30 days of the dispute then it shall be appointed in accordance with the State of New York. The place of Arbitration shall be State of New York. The language of Arbitration shall be English only. Nothing in this clause shall prevent BOLDKARMA.COM from approaching a competent court for an interim or immediate relief to secure its commercial and related interests.

26. LEGAL REMEDIES
Nothing in this agreement shall prevent BOLDKARMA.COM from approaching a competent court for appropriate relief which may include but is not limited to monetary relief, injunction, and restitution.
Any legal notice shall be sent to BoldKarma.com, P.O. Box 721 Merrick, NY 11566.
All legal matters involving BOLDKARMA.COM are a matter of State of New York jurisdiction. By agreeing to the terms of policy, the user agrees to accept the jurisdiction of the aforementioned court and recognizes the same as competent court.

27. SEVERABILITY
BOLDKARMA.COM maintains that if any of the clauses or section of these terms of service is adjudicated as unenforceable by a competent court, it shall not affect the enforceability of the rest of the policy. The rest of the content of this agreement shall continue to be in force without any change in understanding.

28. GUARANTEE
UNLESS OTHERWISE EXPRESSED, BOLD KARMA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

29. CONTACT US
WE DO NOT ACCEPT ANY RESERVATION TO OUR TERMS OF SERVICE AND PRIVACY POLICY.
Any question or suggestion regarding the terms of service shall be send to Support@BoldKarma.com
Our official postal address is P.O. Box 721 Merrick, NY 11566.

 
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