Welcome to Kambaa Incorporation! By signing up for a Kambaa Incorporation account or by using any of our Services, you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us”, “our” and “Kambaa Incorporation” means the applicable Kambaa Incorporation Contracting Party, and “you” means the Kambaa Incorporation User (if registering for or using a Kambaa Incorporation Service as an individual), or the business employing the Kambaa Incorporation User (if registering for or using a Kambaa Incorporation Service as a business) and any of its affiliates.
The services offered by Kambaa Incorporation under these Terms of Service include various products and services that enable you to build your own store and help you to sell goods and services to customers, whether online (“Online Services”), in person (“POS Services”), or both. Any such service or services offered by Kambaa Incorporation are referred to in these Terms of Services as the “Service(s)”. Any new features or tools which are added to the current Services will also be subject to the Terms of Service.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service before you may sign up for a Kambaa Incorporation Account or use any Kambaa Incorporation Service. Additionally, if you offer goods or services with COVID-19, you must read, acknowledge and agree to the Rules of Engagement for Sale of COVID-19 Related Products.
Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Kambaa Incorporation or any Kambaa Incorporation services, you are agreeing to these terms. Be sure to occasionally check back for updates.
Confidential Information will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Kambaa Incorporation's Confidential Information includes all information that you receive relating to us or the Services, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and following any other obligations in these Terms of Service. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without the use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
The SMS Messaging Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services"). You will only use the SMS Services in compliance with these Terms of Service, any other applicable terms and the laws of the jurisdiction from which you send messages, and in which your messages are received.
All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and their respective heirs, successors, permitted assigns and legal representatives. Kambaa Incorporation will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Kambaa Incorporation's prior written consent, to be given or withheld in Kambaa Incorporation’s sole discretion.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.