Terms and Conditions
For the purposes of these Terms and Conditions “Website” shall mean and include www.kyotocandle.com, mobile application of Company, any successor website/ applications, any website of related entity or any other channel facilitated and permitted by Company including but not limited to any digital medium including phone, displays, emails, social media interfaces, messaging interfaces, wallet, payment intermediaries using Company’s interface.
You must be 18 (eighteen) years old or the age of majority in your jurisdiction in order to make a purchase on Our Website. If you are under 18 (eighteen) years old or the age of majority in your jurisdiction, then you may not make a purchase on Our Website. If you are under 13 (thirteen) years old, you may browse Our Website. However, you may not provide personal information to Us nor register on the Website. Website is not directed to children under 13 (thirteen) years old.
By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR WEBSITE.
Products and Services for Personal Use
The products and services available on the Website, and any samples thereof We may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from Us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that We believe, in Our sole discretion, may result in the violation of Our Terms and Conditions.
Purchase Related Policies and Procedures
To view policies and procedures related to orders placed through this Website (such as order processing, shipping and handling, returns and exchanges), click here.
Accuracy of Information
We attempt to be as accurate as possible when describing Our products on the Website, however, to the extent permitted by applicable law, We do not warrant that the product descriptions, colors, information or other content available on the Website are accurate, complete, reliable, current, or error-free.
All information and content available on the Website and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (“Content”) is the sole property of Company, Our affiliates, partners or licensors, and is protected by United States and international laws, including but not limited to laws governing copyrights and trademarks.
Except as set forth in the limited licenses in Clause 6 of these Terms and Conditions below, or as required under applicable law, neither the Content nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without Our express, prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. This limited license does not include the right to:
frame or utilize framing techniques to enclose the Website or any portion thereof;
republish, redistribute, transmit, sell, license or download the Website or any and/or all Content (except caching or as necessary to view the Website);
make any use of Website or any and/or all Content other than personal use;
modify, reverse engineer or create any derivative works based upon either the Website or any and/or all Content;
collect account information for the benefit of yourself or another party;
use any meta tags or any other “hidden text” utilizing any and/or all Content; or
use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on Our infrastructure. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (i) may link to, but not replicate, any and/or all of Our Content; (ii) may not imply that We are endorsing such website or its services or products; (iii) may not misrepresent its relationship with Us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray Us or Our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate Us with undesirable products, services, or opinions; and (vi) may not link to any page of the Website other than the home page.
We may, in Our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by Us to resume linking.
Any unauthorized use by you of the Website or any and/or all of Our Content automatically terminates the limited licenses set forth in this Clause 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Your Obligations and Responsibilities
In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Website or any Content or services that may appear on this Website and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Company, Our affiliates, partners or licensors.
Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by Us, Our affiliates or Our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and We do not warrant the offerings of, off-website pages or any other websites linked to or from the Website, nor do We assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
Special Features, Functionality and Events
Website may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may:
be offered by Us or by third parties.
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Website, you are entirely responsible for such User Content. All third parties, and not We, are entirely responsible for all User Content that they post to the Website.
You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Website User Content that:
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
you do not have a right to make available under any law or under contractual or fiduciary relationships;
is known by you to be false, inaccurate or misleading;
you were compensated for or granted any consideration by any third party; or
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of spam.
You further agree not to:
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
stalk or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;
intentionally or unintentionally violate any applicable local, state, national or international law; or
collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will We be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website.
You acknowledge that We have the right (but not the obligation) in Our sole discretion to refuse to post or remove any User Content and We reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, We have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and We reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
11A. Deletion of User Content
If you wish to delete your User Content, such as your ratings and reviews posting(s), on Our website or in connection with Our mobile applications, please contact Us by email at [email protected] and include the following information in your deletion request: first name, user name/screen name (if applicable), email address associated with Our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 (ten) business days to process your deletion request.
We respect the intellectual property of others. If you believe that a work has been copied on the Website in a way that constitutes copyright infringement, please mail Us at [email protected] to find out how to notify s of a claimed infringement.
Disclaimer of Warranties
THE WEBSITE IS PRESENTED ON “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, We WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
Limitation of Liability
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED USD 1000.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
You agree to defend, indemnify and hold Us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Website or breach of these Terms and Conditions. You also agree to indemnify Us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on Our infrastructure.
With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of The State of Nevada, as if the Terms and Conditions were a contract wholly entered into and wholly performed within The State of Nevada. Any dispute relating in any way to your visit to the Website shall be submitted to arbitration in The State of Nevada and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate Our intellectual property rights or the intellectual property rights of Our affiliates, partners or licensors or otherwise have a cause of action in equity, We may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
Consent to Receive Notices Electronically by Posting on the Website and via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from Us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that We provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify Us of your withdrawal of such consent by emailing Us at [insert email id] and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Clause 6 of these Terms and Conditions hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Website to any user that cannot consent to receipt of Notices electronically.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
Intellectual Property Rights
Except as otherwise indicated, all intellectual property rights in the Website and/or any Content therein reside with Company and are protected by law for the time being in force and may not be used by you except in connection with usage of Website in accordance with these Terms and Conditions.
During the course of your use of Website, you may receive information relating to Us and/or our affiliates which may not be known to the general public (“Confidential Information”). You agree that:
All Confidential Information will remain the exclusive property of Company;
You will use Confidential Information only as is reasonably necessary for availing the services and ensure that anyone who have access to Confidential Information through your account in Website will be made aware of and will comply with the obligations in this provision; and
You will not otherwise disclose Confidential Information to any individual, or other third party, including any Affiliates. You may not issue any press release or make any public statement related to Website, or use Our name, trademarks or logo in any way (including in promotional material) without Our advance written permission or misrepresent or embellish the relationship between Us in any way.
Website may remain unavailable due to maintenance and support activities carried out by Company. Company shall make reasonable efforts to limit such activities to off-peak hours.
Company shall have no liability or obligations for any incidental damage or delays in performance or non‐performance caused by circumstances beyond its control. Such circumstances or events include but not limited to electric outage, storms, earthquakes, flooding, fires, lightening, or any other Act of God and government actions, labor strikes, labor shortage, cyber-attacks or the inability to obtain materials, equipment or transportation.
Entire Terms and Conditions
These Terms and Conditions constitute the entire understanding between the Company and you with respect to their subject matter and supersede all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the Parties. However, Company may require you to agree to further terms & conditions based on your use of Website.
You agree that you shall have no right to assign, transfer or delegate in whole or part these Terms and Conditions or any rights liabilities and obligations under or in pursuance of these Terms and Conditions to any third party, by operation of law or otherwise.
In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
Company reserve the right to amend these Terms and Conditions from time to time without further notice to You. Any such amendments We make shall be effective once We post a revised version of these Terms and Conditions of use on Website. It is your responsibility to review these Terms and Conditions regularly. Your continued use of Website following the publication of any such changes will constitute your acceptance of the Terms and Conditions to follow and you shall be automatically bound by the amended terms and conditions.
None of the conditions or provisions of these Terms and Conditions shall be held to have been waived by any act or knowledge on the part of either party, except by an instrument in writing signed by a duly authorized officer or representative of such party and duly received and expressly consented in writing by the other party. Further, the waiver by either party of any right hereunder or the failure to enforce at any time any of the provisions of these Terms and Conditions, or any rights with respect thereto, shall not be deemed to be a waiver of any other rights hereunder or any breach or failure of performance of the other party.
If You have any query or grievance with regard to the contents of the Website and/or these Terms and Conditions herein, please contact Us at:
Email: [email protected]