Kealive.com is a consumer-direct online shopping store, the following describes the terms on which Kealive offers you access to our services.
Application and Acceptance of Terms and Conditions
1.1 For purposes of this Agreement, a customer is any person who accesses us for whatever purpose, regardless of whether the customer has registered with us as a registered User. A customer user includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 This Agreement applies to each Premium Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Premium Service provided, however, that in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Premium Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to our company and only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Premium Service shall prevail.
1.4 We may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on 5th,December 2, 2011. Posting by our amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer.
2.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Kealive.com Content") for the purpose of re-selling or re-distributing the Kealive.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with us, or otherwise commercially exploiting the Kealive.com Content. Systematic retrieval of Kealive.com Content from this Site 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 us is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
2.2 Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not be spread arbitrarily and viciously.
2.3 We reserve the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business.
2.4 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by us and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
2.6 As a condition of your access to and use of Kealive.com, you agree that you will not use the Kealive.com service to infringe the intellectual property rights of others in any way. Kealive.com will in appropriate circumstances terminate the accounts of members or users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, Kealive.com reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the Kealive.com service, or if Kealive believes that user conduct is harmful to the interests of Kealive.com, its affiliates, or other users, or for any other reason in Kealive.com's sole discretion, with or without cause
3.1 Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of Kealive.com (a "Registered User"). Kealive.com will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
3.2 Kealive.com may assign a web-based email account with limited storage space for the User to send or receive email (the "Email Account"). The User shall be responsible for all users and the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
3.3 By becoming a Registered User, you consent to the inclusion of your personal data in our Global Buyer Database and share such information with other Users.
3.4 We may suspend or terminate a Registered User's Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in our determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) we have reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) we believe that the Registered User's actions may cause financial loss or legal liability to such Registered User, other Users, or Kealive.com.
3.5 The Registered User shall not use the Email Account for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, the Registered User shall not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
3.6 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of Kealive.com. Kealive.com may suspend or terminate the Account of a Registered User.
3.7 Notwithstanding Section 3.1 above, Kealive.com may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.
Transactions between Buyers and Customers
4.1 Customers can use several techniques to verify the accuracy of the information we provide. However, because customer verification on the Internet is difficult, we advise you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
4.2 We acknowledge that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, unsatisfactory quality in some special customers’ mind, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, and transportation accidents. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by us. All of the foregoing risks are hereafter referred to as "Transaction Risks." Customers are entitled to defense or indemnification in relation to assertions of rights, demands or claims.
4.3 We are responsible for all of the terms and conditions of the transactions conducted on, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
4.4 In the event that any customer has a dispute with us to a transaction, such we agree to release from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
Limitation of Liability
5.1 Our features and services are provided on an "as is" and "as available" basis, and we hereby expressly claims 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, undertakings and terms are hereby included.
5.2 we make representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the site.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Kealive.com reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Our Store shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Kealive.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Kealive.com shall immediately issue a credit to your credit card account in the amount of the incorrect price.
8.1 All notices or demands to or upon us shall be effective if in writing and shall be duly made when sent to us in the following manner:
8.2 All notices or demands to or upon us shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by us by posting such notice that is publicly accessible without a charge.
If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.