Conditions for use

OVERVIEW

This website is operated by Kibo™. The terms used on this website,

"we", "us" and "our" refer to Kibo™.

Kibo™ offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you are using "our service" and agree to be bound by the following terms and conditions ("Terms of Use", "Terms"), including any additional terms and conditions referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Website, including but not limited to users who are browsers, sellers, customers, merchants and/or content creators.

Please read these Terms of Use carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all terms and conditions, do not use the Website or the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools added to an existing shop are also subject to the Terms of Use. You can view the current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. If you continue to use or access the website after any changes have been posted, you agree to be bound by those changes.

Our store is powered by Shopify Inc, which provides us with an e-commerce platform through which we can sell our products and services to users.

PART 1 - TERMS OF USE FOR OUR ONLINE STORE.

By accepting these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and that you have agreed to allow your minor family members to use this website.

You may not use our products for any illegal or unauthorized purpose, and you may not use the service to violate any laws (including but not limited to copyright laws) in your jurisdiction.

You must not transmit any worms, viruses or destructive code. Any violation of these Terms will result in immediate termination of the Services.

ARTICLE 2 - GENERAL CONDITIONS

We reserve the right to deny a user access to the Services at any time and for any reason.
You acknowledge that Your Content (other than Credit Card Data) may be transmitted in unencrypted form, including (a) inter-network transfers and (b) modifications to meet the technical requirements of connecting networks or devices. Credit card data will always be transmitted in encrypted form across networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of or access to the Service, or any link to the website through which the Service is provided, without our express written permission.

The headings used herein are for convenience only and do not limit or affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We shall not be held liable if the information on this website is not accurate, complete or up-to-date. The content of this website is intended for general information only and should not be used as the sole basis for making decisions without reference to original, more accurate, more complete or more up-to-date sources of information. You rely on the content of this website at your own risk.

This website may contain historical information. Historical information may no longer be current and is provided for information purposes only. We reserve the right to change the content of this website at any time, but have no obligation to update the information on this website. You agree that it is your responsibility to keep track of any changes to our website.

SECTION 4 - CHANGES TO SERVICES AND PRICES

The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable).

Some products or services may only be available online on the website. These products or services may only be available in limited quantities and can only be returned or exchanged in accordance with our returns policy.

We have made every effort to reproduce the colors and images of the products in the shop as accurately as possible. We cannot guarantee that the colors displayed on your computer screen are accurate.

We reserve the right, but have no obligation, to restrict the sale of our products or services to a particular person, geographical area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the number of products or services we offer. Product descriptions and prices are subject to change at any time without notice and at our sole discretion. We reserve the right to withdraw products from the market at any time. Any products or services offered on this website are void where prohibited.

We do not guarantee that the quality of products, services, information or other items you purchase or receive will meet your expectations or that any defects in service will be corrected.

ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION.

We reserve the right to refuse any order from you. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed with the same customer account, the same credit card and/or orders placed with the same billing and/or shipping address. If an order is modified or canceled, we may attempt to notify you by contacting you at the email address and/or billing address/phone number you provided when placing the order. We reserve the right to limit or reject an order that, in our sole discretion, appears to have been placed by dealers, resellers or distributors.

You agree to provide complete and accurate purchase and account information in a timely manner for all purchases you make from our store. You agree to update your account and other information, including your email address and credit card number and expiration date, so that we can process transactions and contact you if necessary.

For more information, see our Returns Policy.

SECTION 7 - OPTIONAL TOOLS.

We may provide you with access to third-party tools that are beyond our control and influence.

You acknowledge and agree that we provide access to these tools "as is" and "as available" without warranty, representation or condition of any kind and without approval. We do not accept any liability arising from or related to the use of optional third-party tools.

Your use of optional tools provided through the website is entirely at your own risk and you must ensure that you have read and accepted the terms and conditions under which the relevant third party providers offer the tools.

We may also, in the future, offer new services and/or features through the Website (including new tools and resources). Such new features and/or services will also be subject to these Terms of Use.

ARTICLE 8 - LINKS TO THIRD PARTY PROVIDERS.

Certain content, products and services available through our Service may contain material from third parties.

Third-party links on this Website may take you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and do not guarantee and are not responsible for, any third party materials or websites or any other third party materials, products or services.

We are not responsible for any damages in connection with your purchase or use of goods, services, resources, content or other transactions related to third party websites. Please read carefully the policies and practices of third parties and make sure you understand them before making any transaction. Any complaints, claims, problems or questions about third party products should be directed to the third party in question.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS.

If you make certain requests to us (such as entries into contests) or submit creative ideas, suggestions, proposals, designs or other materials online, by email, mail or otherwise without our request (collectively, "Feedback"), you agree that we may modify, reproduce, publish, distribute, translate and otherwise use the Feedback you submit in any medium at any time without restriction. We are not and have no obligation to (1) keep any comments confidential, (2) compensate you for any comments, or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Use.

You agree that your comments will not infringe the rights of any third party, including copyright, trademark, privacy, personal property or other personal or proprietary rights. You also agree that your Comments will not contain defamatory or otherwise unlawful, offensive or obscene material, computer viruses or other malware that may in any way interfere with the operation of the Service or any related website. You must not use a false e-mail address, impersonate anyone other than yourself or mislead us or any third party as to the origin of your comment. You are solely responsible for all comments and their accuracy. We are not responsible for any comments posted by you or any third party.

ARTICLE 10 - PERSONAL DATA

The provision of personal data via the Store is subject to our Privacy Policy. Please read our Privacy Policy.

ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS.

Our website or service may from time to time contain information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product delivery costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel an order if the information on the Service or any related website is inaccurate at any time without notice (including after you have placed an order).

We have no obligation to update, correct or clarify any information on the Service or any related website, including but not limited to pricing information, unless required by law. The use of a specific update or renewal date on the Service or any related website shall not be construed as an indication that any information on the Service or any related website has been changed or updated.

ARTICLE 12 - PROHIBITED USE.

In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or any Content: (a) use for any unlawful purpose; (b) solicit others to commit or participate in any unlawful act; (c) violate any international, federal, state, or local law, rule, regulation, or ordinance; (e) harass, abuse, insult, defame, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) transmit false or misleading information; (g) uploading or transmitting viruses or other malicious code that in any way interferes with the function or operation of the Service or any Linked Site, other websites or the Internet; (h) collecting or tracking personal information about others; (i) spamming, phishing, pharming, spoofing, spidering, crawling or scraping; (j) for obscene or immoral purposes; or (k) compromising or circumventing the security of the Service or any Linked Site, other websites or the Internet. We reserve the right to terminate your use of the Service or any Linked Site if you violate any of the prohibited uses.

ARTICLE 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

We do not warrant that use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that we may suspend or withdraw the Service from time to time without notice to you.

You expressly agree that your use of or inability to use the Service is at your own risk. The Service and all products and services made available to you through the Service are provided (unless we expressly state otherwise) "as is" and "as available" for your use, without any express or implied representations, warranties or conditions of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.

Under no circumstances

Kibo™, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers or licensors shall not be liable for any damage, loss, claim or injury of any kind, whether direct, indirect, incidental or consequential, including but not limited to loss of profit, loss of revenue, loss of savings, loss of data, replacement costs or other similar damages, which may arise out of or in connection with any contract, tort, negligence (including negligence), strict liability or otherwise, arising out of or in connection with the use of the service or any product purchased through the service, or any other claim relating in any way to the use of the service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) transmitted, conveyed or otherwise made available through the service, even if you have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the extent permitted by law.

ARTICLE 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless the following persons.

You will indemnify, defend and hold harmless Kibo™: and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 referenced documents, or your violation of any law or the rights of a third-party.

ARTICLE 15 - DELIVERY, DISPUTES, CLAIMS, RECOVERIES

The delivery time for orders may vary and can be up to 30 working days in rare cases - holidays and unforeseen natural and political events. When you shop at

Kibo-shop.co.uk, you agree not to make a complaint or dispute for any reason within 30 working days of purchase.

You agree to email us at opKibo.assistance@gmail.com to resolve any payment issues. You agree to wait 30 working days before contacting any bank, payment processor or payment gateway to report a refund or dispute.

You agree to be responsible for any damages or business losses resulting from a refund or dispute within 30 business days of purchase. You also agree to go to small claims court and pay any legal fees.

If your order or products are not delivered and you can prove that you contacted us by email as described above and we did not contact or assist you within 30 working days of your purchase, you can file a dispute or refund without liability.

ARTICLE 16 - TERMINATION OF THE CONTRACT

The obligations and responsibilities of the parties that arose before the termination date shall remain in all respects even if this agreement is terminated.
These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or by ceasing to use our website.

If, in our sole discretion, you do not comply, or we suspect that you do not comply, with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to the date of termination and/or we may deny you access to our services (or any portion thereof).

ARTICLE 17 - THE ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules we post on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Use shall not be construed to affect the author of these Terms of Use.

ARTICLE 18 - APPLICABLE LAW.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 304 S. Jones Blvd Las Vegas Nevada. Jones Blvd Las Vegas Nevada US 89107.

SECTION 19 - CHANGES TO THE TERMS OF USE.

You may review the most current version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, revise or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website regularly for changes. Your continued access to or use of our website or service following any changes to these Terms of Use constitutes your acceptance of those changes.



SMS/MMS MOBILE MESSAGE MARKETING PROGRAM - TERMS AND CONDITIONS.

Kibo™ ("We", "Us", "Our") offers a mobile message marketing program ("Program") for your use and participation in accordance with these Mobile Message Marketing Terms of Use and Privacy Policy. By participating in any of Our Programs, you agree to be bound by these Terms of Use, including but not limited to your agreement to resolve disputes with Us through binding individual arbitration as described in the "Dispute Resolution" section below. This Agreement applies only to the Program and is not intended to change any other terms or privacy policies that may apply to our relationship with you in other contexts.

1 User Consent: The Program allows users to receive text and multimedia messages by consenting to participate in the Program, such as through online registration forms or application-based registration forms. Regardless of how you agree to participate in the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you consent to receive automatically selected or pre-recorded mobile marketing messages to the phone number associated with your consent. Although you agree to receive messages sent from an automated response system, the above should not be construed to mean that all of our mobile messages are sent from an automated telephone dialing system ("ATDS" or "automated response system"). Message and data charges may apply. The frequency of messages varies.

2 User Withdrawal: If you do not wish to continue participating in the Program or do not accept this Agreement, you agree to respond to all mobile messages sent by Kibo with STOP, END, CANCEL, UNSUBSCRIBE or QUIT to withdraw from the Program. You may receive another mobile message confirming your decision to withdraw from the Program. You understand and agree that the above options are the only reasonable ways to opt out of the Program. You understand and agree that all other methods, including but not limited to sending text messages with words other than those listed above or verbally asking any of our staff to remove you from our list, are not reasonable methods of exiting the Program.


3 Program Description. Messages may include payment reminders.

4 Cost and frequency: Charges for messages and data may apply. Frequency of messages may vary. The program includes recurring mobile messages and new mobile messages may be sent regularly based on your interactions.

5 Help tips: If you need help using the application, you can send a text message with the word "HELP" to the number you received the messages from or send us an email. Please note that using this email address is not an acceptable way to cancel the program. Cancellation must be done in accordance with the procedures described above.

6. MMS messages: The Programme will send SMS TM (Programme End Message) messages if the user's mobile device does not support MMS messages.

7. Disclaimer: The Program is provided on an "as is" basis and may not be available in all areas and may not work if the mobile operator makes changes to the product, software, network coverage or otherwise. We are not responsible for any delays or errors in receiving mobile messages under this program. Delivery of mobile messages is dependent on successful transmission by the mobile operator/network provider and is beyond our control. Operators are not responsible for late or non-delivery of mobile messages.

You must have a mobile device capable of sending two-way messages, use a participating mobile operator and subscribe to a mobile service that offers SMS services. Not all mobile operators offer the services required for participation. For detailed SMS instructions, see your phone's features.

Age restrictions 9: Users must not use the Platform if they are under thirteen (13) years of age. If you use the Platform and are between thirteen (13) and eighteen (18) years of age, you must obtain permission from your parent or guardian. By using or accessing the Platform, you confirm that you are not under thirteen (13) years of age, that you are between thirteen (13) and eighteen (18) years of age and that you have permission from a parent or legal guardian to use or access the Platform or that you are of legal age in your country. By accessing or participating in the Platform, you acknowledge and agree that you have legal capacity under the laws of your jurisdiction to access and/or participate in the Platform.

10 Prohibited Content. Prohibited content includes:

- Fraudulent, defamatory, abusive, threatening, harassing or stalking behavior;
- Offensive content, including vulgarity, obscenity, indecency, violence, bigotry, hatred and discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- illegal computer programs, viruses, worms, Trojan horses or other malicious code;
- Products, services or promotions that are illegal where you receive them.
- Content concerning and/or referring to personal health information protected under the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC Act"); and
- any other content that is prohibited by the applicable law of the country from which the communication is sent.

11 Dispute Resolution: If a dispute, claim or controversy arises between you and us, or between you and Stodge, LLC d/b/a Postscript or any third party provider acting on our behalf in the transmission of mobile messages under the Program, arising from a claim under federal or state law, common law claims, this Agreement, or the breach, termination, performance, interpretation or validity thereof, including the determination of the scope of this arbitration agreement, any dispute, claim or controversy shall be resolved to the extent permitted by law by arbitration in Los Angeles, California by a single arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the applicable commercial arbitration rules of the American Arbitration Association ("AAA"). Except as otherwise provided herein, the arbitrator shall apply the substantive law of the state in which Kibo™ has its principal place of business, without regard to conflicts of law. Within ten (10) calendar days after the request for arbitration is served on a party, the parties shall jointly select an arbitrator who has at least five (5) years of experience in that capacity and knowledge and experience with the subject matter of the dispute. If the parties cannot agree on an arbitrator within ten (10) calendar days, the party may request the AAA to appoint an arbitrator who must meet the same experience requirements. In the event of a dispute, the arbitrator shall decide the applicability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act ("FAA"). The parties also agree that the AAA's rules for extraordinary remedies shall apply in lieu of seeking an extraordinary court order. The decision of the arbitrator shall be final and binding, and neither party shall have the right to appeal, except as provided in Section 10 of the FAA. Each Party shall bear its own fees for the arbitrator and the administration of the arbitration, but the arbitrator shall have the power to order either Party to pay all or part of these fees by reasoned decision. The Parties agree that the arbitrator shall be entitled to award attorneys' fees only to the extent expressly permitted by law or contract. The arbitrator shall have no authority to award punitive damages, and each party hereby waives its right to seek or recover punitive damages with respect to any arbitration dispute.

THE PARTIES AGREE THAT EACH PARTY MAY ASSERT ITS RIGHTS AGAINST THE OTHER PARTY ONLY AS AN INDIVIDUAL IN THE ARBITRATION AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION. Also, unless both parties agree otherwise in a signed letter, the arbitrator may not consolidate the claims of more than one person or conduct a representative or class proceeding.

Unless required by law, neither a party nor the arbitrator may disclose the existence, content or results of the arbitration without the prior written consent of both parties, except for the purpose of protecting or enforcing justice. If any provision of this Section is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect the remaining provisions of this Section and such provision shall be invalid or unenforceable in any other jurisdiction. If for any reason the dispute is resolved in court and not by arbitration, the parties hereby waive their right to a jury trial. This arbitration clause shall survive any termination or suspension of participation in our Program.

12 Florida law. You agree that we will assume you are a Florida resident if, at the time you agree to participate in the Program, (1) the shipping address you provide is in Florida or (2) the area code of the telephone number you use to agree to participate in the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you will not claim to be a Florida resident if you do not meet either of these criteria or, alternatively, if you do not certify to us in writing that you are a Florida resident by sending written notice to us. To the extent you are a Florida resident, you agree that mobile messages that we send in direct response to your mobile messages or requests (including, but not limited to, keywords, opt-ins, support requests, or retention and referral messages) are not subject to the provisions of Section 501 of the Florida Code (including, but not limited to, Sections 501.059 and 501.616) to the extent relevant and applicable under such Code.

13 Other: You represent and warrant that you have all rights, powers and authority necessary to accept these terms and conditions and to perform your obligations under this Agreement and that nothing in this Agreement or in the performance of these obligations will result in a breach of any other agreement or obligation. The failure of either party to exercise any right under this Agreement shall not be deemed a waiver of any other right under this Agreement. If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be limited or waived to the minimum extent necessary to preserve the full force and effect of the Agreement. Any new features, changes, updates or improvements to the Program will be subject to this Agreement unless otherwise expressly agreed in writing. We reserve the right to amend this Agreement from time to time. You will be notified of any updates to this Agreement. You agree that it is your responsibility to review this Agreement regularly and to notify us of any changes. By continuing to participate in the Program after such changes, you agree to be bound by this Agreement as amended.