Terms & Conditions
By signing up for the KimMor service (“Service”) or any of the services of KimMor Inc. (“KimMor”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by KimMor under the Terms of Service include various products and services to help you create and manage a retail store, whether an online store (“Online Services”), a physical retail store (“POS Services”), or both. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at http://www.KimMor.com . KimMor reserves the right to update and change the Terms of Service by posting updates and changes to the KimMor website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using KimMor or any KimMor services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for a KimMor account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. KimMor may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You acknowledge that KimMor will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. KimMor cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your KimMor Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any term in the Terms of Service as determined in the sole discretion of KimMor will result in an immediate termination of your services.
Don’t use KimMor for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
2. Account Activation
Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our 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.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Upon completion of sign up for the Service, KimMor will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, KimMor may also create a KimMor Payments account on your behalf.
You acknowledge that PayPal Express Checkout and/or KimMor Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them.
Upon purchasing a domain name through KimMor, domain registration will be preset to automatically renew each year so long as your KimMor Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
The person signing up for the KimMor Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.
Any domain you purchase through us will automatically renew unless you opt out.
3. General Conditions
Technical support is only provided to paying Account holders and is only available via email.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. 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.
You acknowledge and agree that KimMor may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on KimMor’s website, available at https://www.KimMor.com/legal/terms 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 KimMor’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.
You may not use the KimMor 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) as well as the laws of Canada and the Province of Ontario.
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 by KimMor.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use KimMor or KimMor trademarks and/or variations and misspellings thereof
Questions about the Terms of Service should be sent to support@KimMor.com.
You understand that your Store 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.
The KimMor service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
If a dispute arises the issue will be dealt with in the Province of Ontario.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. KimMor Rights
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any KimMor customer, KimMor employee, member, or officer will result in immediate Account termination.
KimMor does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that KimMor employees and contractors may also be KimMor customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
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, etc.
KimMor retains the right to determine, in 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, KimMor reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a KimMor account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
You expressly understand and agree that KimMor 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.
In no event shall KimMor or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, KimMor partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ 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, or your violation of any law or the rights of a third party.
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.
KimMor does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
KimMor does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
KimMor does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
6. Waiver and Complete Agreement
The failure of KimMor to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and KimMor and govern your use of the Service, superseding any prior agreements between you and KimMor (including, but not limited to, any prior versions of the Terms of Service).
If KimMor chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and KimMor don't apply if they conflict with these terms.
7. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the material you provide to the KimMor service. All material you upload remains yours. You can remove your KimMor store at any time by deleting your Account.
By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow KimMor to display and store your Store Content; and (c) that KimMor can, at any time, review all the Store Content submitted by you to its Service.
You retain ownership over all Store Content that you upload to a KimMor store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which 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.