Terms and Conditions
PLEASE READ BEFORE USING THE WEBSITE
By accessing or using the Kaede NYC (“Website”), or by purchasing or using products and/or services offered by Kaede NYC or its suppliers through this Website, you are indicating your acknowledgment and acceptance of these terms and conditions of use (“Terms”). These Terms are subject to change by Kaede NYC at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on the Website. Your use of the Website will be subject to the most current version of the Terms posted on the Website at the time of such use. Your continued use of this Website after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly. If you do not agree to these Terms or any changes to these Terms, please immediately discontinue your use of the Website.
Use of Website. Kaede NYC authorizes Website visitors (“You”) to view and use “as is” the materials on this Website including text, pictures, graphics, audio or video clips, software and any other information (“Materials”) only for your personal, non-commercial use, provided that (i) You do not remove any copyright and other proprietary notices contained in the original Materials from any copies of the Materials; and (ii) You abide by all applicable laws and comply with all requirements identified in these Terms, and such additional terms and conditions that may be provided to You during use. You agree to review and abide by these Terms and assume all risk associated with the use of the Materials. You may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purposes. Any use of the Materials on any other website, electronic device or networked computer environment for any purpose is prohibited.
Intellectual Property. The materials at this Website are proprietary and are exclusively owned by Kaede NYC (or its licensors) and any unauthorized use, reproduction or distribution of any materials stored or available through this Website may violate copyright, trademarks, patents or other intellectual property rights or applicable laws. Kaede NYC and any logos appearing on the Website or in conjunction with the delivery of any services are trademarks of Kaede NYC. Any use of Kaede NYC trademarks without prior written authorization is strictly prohibited. The Materials on this Website are copyrighted and any unauthorized use of any Materials may violate copyright, trademark, and other laws. If Visitors breach any of these Terms, their authorization to use this Website automatically terminates and Visitors must immediately destroy any downloaded or printed materials or any other materials derived from the use of this Website, which contain intellectual property of Kaede NYC. Visitors accessing this Website via the Internet agree to grant to Kaede NYC a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, creative derivative works of, publicly display any materials and other information, suggestions or ideas submitted or posted to the Website in any medium. Visitors agree that they shall have no recourse against Kaede NYC for any alleged or actual infringement or misappropriation of any proprietary right in their communications to Kaede NYC.
Products and Pricing. Kaede NYC continually updates its product and service offerings. Kaede NYC reserves the right to revise and/or discontinue such offerings at any time. Prices which may be displayed or advertised on the Website or through any other electronic communications from Kaede NYC may not include shipping fees and applicable sales tax, and are subject to change without notice at Kaede NYC ‘s sole discretion. The display of products and/or services on the Website does not constitute an offer by Kaede NYC .
Illegal Usage Prohibited. You shall not use Kaede NYC ‘s Website or Materials to post, transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortuous, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of Kaede NYC. You agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this Website. In addition, while using the Website in accordance with these Terms as modified from time to time, You agree to comply with generally accepted Internet standards and shall refrain from any abusive use of this Website.
Harassment Prohibited. It is prohibited to use the Website in any manner so as to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity. This prohibition extends to any comment or conduct that is vulgar, hateful, racially or ethnically offensive, or otherwise objectionable. Furthermore, any message or conduct that is repeated after warning or notification is given that such conduct is unwelcome constitutes harassment.
Advertising Prohibited. It is prohibited to use the Website to post any advertising or promotional materials.
Network Security. Kaede NYC provides You with products and services through the networks of other telecommunications providers and through other suppliers and third parties. Your use of the products and services of Kaede NYC and the equipment, facilities and services of third party suppliers is at your own risk. Kaede NYC assumes no responsibility for security of your facilities or networks or for unauthorized access to such networks or facilities. In all cases, You are responsible for determining and establishing secure network access configurations. Kaede NYC , its partners, affiliates and third party suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers shall not be liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet. Kaede NYC and its suppliers make no commitments with respect to the recoverability of lost data.
Links to Other Websites. Links to third party websites on this Website are provided solely as a convenience to You. If You use these links, a new browser will be launched to access linked websites. Kaede NYC has not reviewed these third party websites and does not control and is not responsible for any of these websites or their content. Kaede NYC does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to this Website, You do this entirely at your own risk.
Termination. You acknowledge and agree that Kaede NYC , in its sole and absolute discretion, may, without notice to You, suspend or terminate your use of, or access to the Website or any services and remove and discard any related Materials for any reason, including where Kaede NYC believes that You have violated any of these Terms. You agree that Kaede NYC shall not be liable to You or to any other person as a result of any such suspension or termination. If You are unsatisfied with any of these Terms, please discontinue using the Website.
Disclaimer. You acknowledge that You are using this Website including its Materials at your own risk. Kaede NYC and its partners, affiliates and suppliers do not guarantee error-free or uninterrupted operations of the Website. The products, services and information provided at this Website are provided “as is” without any warranties of any kind including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property. Kaede NYC and its suppliers do not warrant the accuracy and completeness of the Materials available on or through this Website. The Materials on this Website may be out of date, and Kaede NYC makes no commitment to update the Materials. Information published on this Website may refer to products, programs or services that are not available in your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to You.
Indemnification. You shall indemnify and forever save harmless Kaede NYC , its partners, affiliates and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities, (including legal fees) which may be incurred by reason of or in connection with your use of this Website.
Limitation of Liability. You agree that in no event will Kaede NYC , its partners, affiliates and suppliers and each of their respective directors, officers, employees, consultants, agents, representatives and suppliers be liable to You for any direct, indirect, special, consequential or punitive damages (including, without limitation, those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, reliance, or the results of this Website (including the products, services, Materials or information contained on this Website and/or other linked websites), whether based on warranty, contract, tort or any other legal theory and whether or not Kaede NYC is advised of the possibility of such damages.
Applicable Laws. These Terms shall be governed and construed in accordance with the laws of the State of New York and the federal laws of the United States of America applicable therein. The courts of the State of New York shall have exclusive jurisdiction over all disputes relating to the use of these Terms. You agree that jurisdiction and venue in such courts is appropriate and You agree to submit to the jurisdiction of such courts.
Revision of Terms. Kaede NYC may revise these Terms including the Online Gift Card Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on You and your continued use of the Website signifies your acceptance of these revised Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
Waiver. Kaede NYC will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by Kaede NYC . No delay or omission by Kaede NYC in exercising its rights or remedies will impair or be construed as a waiver of its right to enforce such rights at any time.
TERMS AND CONDITIONS RELATING TO Kaede NYC TO THE PURCHASE OF Kaede NYC PRODUCTS ONLINE
Ordering. For security reasons and to prevent fraud, orders for Kaede NYC products placed through this Website will only be accepted by Kaede NYC if the name and address to which the card is to be billed corresponds to the name and address that is registered with the purchaser’s credit card provider. If the information does not correspond, your order will be declined by Kaede NYC even though the transaction may have been pre-authorized by your bank. If this happens, the dollar amount of the order may not be available to You for other use until it is credited back to your account, which may take between three to five business days.
No Cancellation. Sales are final. Once You submit a an order, it cannot be cancelled.
Shipping. Products will be shipped using standard shipping service and rates (one to three business days excluding statutory holidays). Even though the order form may include a field for post office (P.O.) box, products will not be shipped to a PO box address for security reasons. The risk of loss for the product passes to You upon Kaede NYC ‘s delivery of your item to the carrier.
Shipping Charges. Each order is subject to shipping charges, which are automatically calculated based on the province or territory where the item(s) are to be shipped. You will be able to view the shipping charges for your order before your transaction is processed.
Returns. All Kaede NYC online sales are final. For quality protection reasons, we are unable to accept returns.
No Warranty. Kaede NYC makes no warranties, express or implied, with respect to Kaede NYC products ordered online, including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event that your Kaede NYC product is damaged, your sole remedy is a replacement item.