1. General Terms

Thank you for using kreah360  These terms of service (“terms”) govern your use of the kreah360 services, including kreah360‘s website, any websites (or portions thereof) or mobile applications that are operated by kreah360 (collectively, the “services”), and are entered into by you and Aaham international,-sole company of kreah360

By using the services, you agree to be bound by these Terms, acknowledge and agree to the collection, use and disclosure of your personal information in accordance with kreah360’s Privacy Policy.

Delivery may be conducted by each individual Personal Shopper’s select method of transportation. You acknowledge that transportation or logistics services are provided by third party independent contractors who are not employed by kreah360   

When you use the services to place an order for products, you authorize the purchase and delivery of those products from the retailers you select. Unless otherwise specified, you acknowledge and agree that kreah360 and the personal shopper are acting as your agents in the picking, packing, and/or delivery of goods purchased by you and are not the seller of the goods to you. You agree that your purchase is being made from the retailer you have selected, that retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable retailer’s store.

You also acknowledge and agree that, except as expressly provided for otherwise in these terms or a separate agreement between you and kreah360, kreah360 does not form any employment or agency relationship with you and does not hold title to any goods that you order through the services.

Occasionally there may be information on the services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and availability, Kreah360 reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged). Please note that prices of products on the services may be different than prices offered for the same products in-store by the same retailer.

The customer cannot cancel the order once the product has been shipped. If the customer no longer wants the product/s, the customer can return it to the Supplier at the customers cost, detailing reasons for the return. The Supplier will decide if a refund is applicable or not.

In the case of inferior product quality, kindly inform kreah360   via the chat box on www.kreah360.com or send a mail to customercare@kreah360.com . The final decision will be taken by Kreah360 after consultation with the customer.

  1. Your Use of the Service

Kreah360 grants you a limited, non-exclusive, non-transferable, and revocable license to use the services for their intended purposes subject to your compliance with these terms and kreah360 policies. You may not copy, modify, distribute, sell, or lease any part of the services. Unless such restriction is prohibited by law or you have kreah360 written permission, you may not reverse engineer or attempt to extract the source code of the services. You may only access the services through the interfaces that kreah360 provides for that purpose (for example, you may not “scrape” the services through automated means or “frame” any part of the services), and you may not interfere or attempt to disrupt the services.

You retain all rights in any content that you upload or submit and are solely responsible for that content. You grant kreah360 a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the services. Kreah360 may, in its sole discretion, remove or take down any content that you upload or submit to the services for any reason, including violation of these terms or any other policies.

You may have the option of accessing the services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the services may be governed by open source licenses. In that case, kreah360 will make such licenses available to you and, in the case of conflict between such a license and these terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.

If you are using kreah360 on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these terms and that you are agreeing to these terms on behalf of that business or entity.

In order to use the services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the services and you will respect those who you encounter in your use of the services, including personal shoppers and individuals who support kreah360’s help center. Kreah360 reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.

We’re constantly modifying and improving the services. Kreah360 may introduce new features, change existing features, or remove features from the services at any time and without notice. If you provide kreah360 with any feedback on or comments regarding the services, you grant kreah360 the right to use such feedback or comments for any purpose without restriction or payment to you.

If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or send a mail to customer care.

  1. Kreah360 Communications

By creating a kreah360 user account, you agree to accept and receive communications from kreah360 or personal shoppers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to kreah360. You understand and agree that you may receive communications generated by automatic telephone dialling systems and/or which will deliver pre-recorded messages sent by or on behalf of kreah360, its affiliated companies and/or personal shoppers, including but not limited to communications concerning orders placed through your account on the services. Message and data rates may apply.

  1. Third-party Products and Content

You agree that kreah360 does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the services, you agree that you do so at your own risk and that kreah360 will have no liability based on such purchase, use, or access.

  1. Service Provided as-is and Release of Claims

The services are provided “as is” and “as available.” to the maximum extent permitted by applicable law, kreah360 disclaims all representations, conditions, and warranties, express, legal, implied, or statutory, including the implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement. In addition, to the maximum extent permitted by applicable law, kreah360 makes no representation, warranty, conditions, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services, any services provided by personal shoppers or third party providers, or goods requested through the use of the services from retailers, or that the services will be uninterrupted or error-free.  Kreah360 does not guarantee the quality, suitability, safety or ability of personal shoppers, third party providers, or retailers. You agree that the entire risk arising out of your use of the services, any services provided by personal shoppers or third party providers, or any products requested by you or delivered to you, remains solely with you.

To the maximum extent permitted by applicable law, you agree that neither kreah360 nor its affiliates, retail partners, licensors, or suppliers is responsible for the fitness or conduct of any personal shopper or third party provider or for any services provided by any personal shopper or third party provider. Neither kreah360 nor its affiliates, retail partners, licensors, or suppliers will be liable for any claim, injury or damage arising in connection with the acts or omissions of any personal shopper or third party provider.

If you have a dispute with one or more personal shoppers or third party providers, you agree to release kreah360 (including kreah360’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

  1. Limitation of Liability

This provision applies to the maximum extent permitted by applicable law.

In no event shall kreah360 (including its affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the services, or these terms, however arising including negligence, even if kreah360 or its agents or representatives know or have been advised of the possibility of such damages.

  1. Indemnification

You agree to defend, indemnify and hold harmless kreah360 and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an “indemnified party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an indemnified party arising out of, relating to or resulting from your unauthorized use of the services or from any breach by you of these terms, including without limitation any actual or alleged violation of any law, rule or regulation.

  1. Disputes & Arbitration

If you have a dispute with kreah360 arising out of your use of the services, this section applies. You agree to contact kreah360 first and attempt to work out any such dispute amicably.

For residents of South Africa, you agree to the following mandatory arbitration provisions:

Mandatory arbitration: if we’re unable to work out a solution amicably, the customer and kreah360 agree to resolve any disputes arising out of the customers use of the services or these terms through binding arbitration or small claims court.

Class action waiver: to the extent permissible by law, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective action, or non-page representative proceeding (collectively “class action waiver”). The arbitrator may not consolidate more than one person’s claims or engage in any class arbitration. You agree that, by entering into these terms, you and kreah360 are each waiving the right to a trial by jury or to participate in a class action.

  1. Termination

The customer may stop using the services at any time and without notice to us. Similarly, kreah360 may terminate access to the services to you or any other users or stop offering, all or part of the services at any time without notice.

  1. Changes to the Terms

We may make changes to these terms from time to time. When kreah360 does so, kreah360 will post the most current version of the terms on kreah360’s website and, if a revision to the terms is material, kreah360 will notify you of the new terms (for example, by email or a notification on the services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the service.

  1. Copyright and Trademark Policy

Aaham international (kreah360), the intellectual property rights of others, and has implemented a copyright and trademark policy in accordance with the copyright act and other relevant laws. Kreah360 will respond to valid notices of copyright infringement and reserves the right to terminate any users, at kreah360’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.

  1. Contact information

If you have any questions, or comments about these terms please contact kreah360 at: customercare@kreah360.com / service@kreah360.com / admin@kreah360.com

Version 2: 20 September 2018


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