1. Words importing the singular shall include the plural and vice versa; words importing any gender shall include all genders; words denoting persons shall include corporations. Any agreement, warrant or undertaking on the part of two or more persons shall be deemed to be given or made by such persons jointly and severally.

2. You confirm that you are over 18 years of age.

3. To access and use the Services, you must register, creating an Account by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Klabrate withholds, at our sole discretion, the right to reject any application for an Account, or terminate an existing Account, for any reason.

4. You acknowledge that Klabrate has the right to use the email address you provide as the primary method for communication.

5. You are responsible for ensuring the email address you have provided to Klabrate is current and up to date.
   You are responsible for keeping your password secure. Klabrate cannot and will not be liable for any loss or damage from your failure to maintain the security of your Owner Account and password.

6. You are responsible for all activity and Content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.

7. A breach or violation of any term in the Terms of Service, including the Acceptable Use Policy, as determined at the sole discretion of Klabrate will result in an immediate termination of your services.

1. Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of the Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

2. If you are signing up for the Service on behalf of an employer, the employer will be the Account Owner. If you are signing up for the Service on behalf of an employer, then you represent and warrant that you have the authority to bind your employer to the Terms of Service.
    

1. You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the Acceptable Use Policy (“AUP”) and Privacy Policy before you are entitled to become a Klabrate user or open a Klabrate Account.

2. Technical support is only provided to paying Klabrate Account holders and is only available via email.

3. Governing Law and Jurisdiction and venue of any matter relating to the Terms of Service not subject to arbitration shall reside in the laws of the State of Arizona, USA. The Federal/National Arbitration Act shall govern all matters relating to arbitration. The laws of the country shall govern all other matters relating to or arising from the Agreement unless the laws of the country in which an Account Owner resides expressly require the application of its law. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

4. You acknowledge and agree that Klabrate may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Klabrate’s website, available at Click here and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Klabrate’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

5. You may not use the Klabrate service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the State of Arizona USA. You will comply with all applicable laws, rules and regulations in your use of the Service.

6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission from Klabrate.

7. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Klabrate or Klabrate trademarks and/or variations and misspellings thereof.

8. Questions about the Terms of Service should be sent to [email protected]

9. You understand that your 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.

10. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Klabrate, is governed by its privacy policy at Privacy Policy

11. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and the Klabrate Terms of Service available in another language, the most current English version of the Terms of Service at will prevail.

1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

2. We reserve the right to refuse service to anyone for any reason at any time.

3. We may, but have no obligation to, remove Content and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Content uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or Terms of Service.

4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Klabrate customer, Klabrate employee, member, or officer will result in immediate Account termination.

5. Klabrate does not pre-screen Content and it is in our sole discretion to refuse or remove any Content from the Service.

6. Klabrate reserve the right to provide services to competing businesses and make no promise of exclusivity in any individual market segment. Account Owners further acknowledge and agree that Klabrate employees and contractors may also be Klabrate Customers and that they may compete with and other Klabrate Account Owner, although they may not use the confidential information of that Account Owner in doing so.

7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, any Know Your Customer (KYC) documentation etc.

8. Klabrate retains the right to determine, at our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Klabrate reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

1. You expressly understand and agree that Klabrate shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

2. In no event shall Klabrate or suppliers be liable for loss of profits or any special, incidental or consequential damages arising out of or in connection with our website, our services or these Terms of Service however arising, including negligence. You agree to indemnify and hold us and our parent, subsidiaries, affiliates, Klabrate partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, including the AUP, or your violation of any law or the rights of a third party.

3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

4. Klabrate does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

5. Klabrate does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

6. Klabrate does not warrant that the quality of any products, services, information, or other Content purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

These Terms of Service and the documents it incorporates by reference embody entire agreement between you and Klabrate and govern your use of the Service, overriding and superseding any prior representations, understandings or implications between you and Klabrate. In the event that any clause in this Agreement is found to be unenforceable the remainder of the Agreement will continue.

1. We do not claim any intellectual property rights over the Content you provide to the Klabrate service. All Content you upload remains yours. You can remove your Klabrateworld plots or store at any time by deleting your Account.

2. By uploading Content, you agree: (a) to allow other internet users to view the Content you post publicly to your plot and/or your store; (b) to allow Klabrate to store, and in the case of Content you post publicly, display, your Content; and (c) that Klabrate can, at any time, review all the Content submitted to its Service, although Klabrate is not obligated to do so.

3. You retain ownership over all Content that you upload to a Klabrate store; however, by making your store public, you agree to allow others to view Content that you post publicly to your store. You are responsible for compliance of the Content with any applicable laws or regulations.

4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Content or information provided by you to us that is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

5. Klabrate shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your plot/store to promote the Service.

1. You will pay the Fees applicable to your subscription to Klabrate and any other applicable fees, including but not limited to fees relating to transactions through your Account and any fees relating to your purchase of any products or services. You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Klabrate will charge applicable Fees to the debit or credit card account that you authorize and Klabrate will continue to charge the Authorized Card, or any replacement card, for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

2. Subscription Fees are paid in advance and will be billed in 30 day intervals. Transaction Fees and Additional Fees will be charged from time to time at the discretion of Klabrate. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be available to the Account Owner in the account area. Owners have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

3. All Fees are exclusive of applicable Taxes.

4. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Klabrate products and services. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of any such Taxes, you must provide Klabrate with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date such a certificate is received by Klabrate.

5. If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Klabrate products and services, including without limitation, your subscription to or purchase of Klabrate Online Services. Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.

6. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in the U.S., you must advise us immediately by email to [email protected]

7. Klabrate does not provide refunds.

1. You may cancel your Account at anytime by emailing [email protected] and then following the specific instructions indicated to you in the Klabrate response.

2. Upon termination of the Services by either party for any reason:

3. Klabrate will cease providing you with the Services and you will no longer be able to access your Account;

4. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

5. any outstanding balance owed to Klabrate for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

6. your Klabrateworld plot and store website will be taken offline.

7. If, at the date of termination of the Service, there are any outstanding Fees owed by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

8. We reserve the right to modify or terminate the Klabrate Service or your Account for any reason, without notice at any time.

9. Fraud: Without limiting any other remedies, Klabrate may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with Klabrateworld or the E-Commerce Application.

1. Prices for using the Services are subject to change upon 30 days notice from Klabrate. Such notice may be provided at any time by posting the changes to the Klabrate Site (klabrate.com) or the Owner Account area via an announcement.

2. Klabrate reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

3. Klabrate shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

1. Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

2. Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.

1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by Klabrate Third Party Service Providers.

2. Klabrate may from time to time recommend, provide you with access to, or enable Third Party Services such as software, applications, products, services or website links for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider. Any use by you of Third Party Services offered through the Services or the Klabrate website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.

3. We do not provide any warranties with respect to Third Party Services. You acknowledge that Klabrate has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Klabrate websites, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Klabrate. Klabrate does not guarantee the availability of Third Party Services and you acknowledge that Klabrate may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Klabrate is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Klabrate recommends that you consult a specialist for advice before using or relying on Third Party Services, to ensure they will fulfil your criteria. Tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.

4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Klabrate is not responsible for any disclosure, modification or deletion of your data or other Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Content.

5. Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.

6. Under no circumstances shall Klabrate be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Klabrate has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

7. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Klabrate partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable Legal fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

8. Klabrate accepts no responsibility for product sales and supply between Account Owners, including transactions conducted through the Repository. Owners who are selling goods or services obtained through the Repository to Customers must ensure that the correct funds to meet the price of the goods and the applicable shipping charges are paid to the Supplier of the goods or services. Once the Supplier of the goods or services has received the money for the price of the goods and the applicable shipping charges, the suppler is fully responsible for, and must ensure that the applicable goods and services are delivered to the Customer. Failure by the Owner to pay the Supplier and failure of the Supplier to deliver the goods to the Customer will result in account suspension or termination.