PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use
of the web site "Kosmetiko.com" which is identified by the uniform
resource locators http://kosmetiko.com ("Site"). This Agreement is entered into between you as the
user of any Site (the "User") and Kosmetiko.com.
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Application and Acceptance of Terms and Conditions.
- For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered on the Site as a registered User or whether said User is a paying customer for a specific service provided by Kosmetiko.com or any of its affiliates. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
- By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
- This Agreement applies to each Premium Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Premium Service provided, however, that (a) in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Premium Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to Kosmetiko.com a; and (b) only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Premium Service shall prevail.
- Kosmetiko.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting.
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Premium Services.
- Access to and use of the Site and certain of its features and functions provided to all Users are free of charge. However, Kosmetiko.com restricts access to or use of certain areas or features or functions of the Site ("Premium Services") to paying Users or Users who undergo a specific registration and/or verification process. Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.
- Features and functions of any Premium Service may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available.
- Kosmetiko.com reserves the right in its sole discretion to restrict or deny service (including any Premium Services) to any User for whatever reason in order to protect the interests of Kosmetiko.com.
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Users Generally.
- Users may use this Site solely for their own personal or internal purposes.
Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips,
directories, files, databases or listings available on or through the Site (the "Kosmetiko.com Content")
for the purpose of re-selling, re-distributing or re-publishing the Kosmetiko.com Content,
mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that
competes with Kosmetiko.com, or otherwise commercially exploiting the Kosmetiko.com Content.
Systematic retrieval of Kosmetiko.com Content from this Site to create or compile, directly or indirectly,
a collection, compilation, database or directory (whether through robots, spiders, automatic devices or
manual processes) without written permission from Kosmetiko.com is prohibited.
In addition, use of the content or materials for any purpose not expressly permitted
in this Agreement is prohibited.
- Messages or information sent by a User through communication systems provided
by the Site, or through emails, fax or letters to addressees obtained from the
Site, shall not contain any of the materials described in the provisions of
Section 5.1 below.
- Kosmetiko.com reserves the right to limit, deny or create different access to and use of the Site and its features and functions with respect to different Users, or to change any of the features and functions or introduce new features and functions without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Kosmetiko.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
- No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Kosmetiko.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks. No User may take any action which may undermine the integrity of Kosmetiko.com's feedback system, such as leaving positive feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.
- We urge that you read Kosmetiko.com's Privacy Policy which governs the protection and use of
each User's information in the possession of Kosmetiko.com and/or its affiliates. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that Kosmetiko.com may change the Privacy Policy from time to time provided that Kosmetiko.com shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.
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Registered Users
- By filling out the on-line form on the Site, and by providing your information (such as name, telephone, email address,
details of your business, etc.), you can become a registered user of Kosmetiko.com
(a "Registered User"). If your application is accepted, Kosmetiko.com will establish an account
("Account") for you and you will be assigned a user alias ("User ID") and password ("Password")
for log-in access to your Account. You represent and warrant to Kosmetiko.com that all information
submitted to the Site during the registration process is true, accurate, current and complete.
- Kosmetiko.com may refuse registration and deny the issuance of an
Account and/or Email Account and associated User ID and Password
to you without giving a reason.
- By becoming a Registered User, you consent to the inclusion of your personal data in our Database and
authorise Kosmetiko.com to share such information with other Users in accordance with Privacy Policy.
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Refund policy and Suspension of registered user accounts
- Kosmetiko.com has the right to terminate a Registered Users' Account or Email Account
- Kosmetiko.com has the right to cancel the Premium Service Subscription to any User for any reason to
protect his interests. In this case, the User's shall receive a refund of a subscription fee paid
(if any) provided that where termination of service or denial is as a result of any violation by the
User of these Terms & Conditions the User shan't get a refund as described above.
- Kosmetiko.com has the right to modify any of the existing features or introduce new features without any prior notice, or to restrict,
terminate, deny or create access to certain features or areas of the offered Premium Service for subscribed
Users or Users who undergo a specific registration process.
- You shan't use any scheme to undermine the functionality or integrity of the services offered on the platform,
nor shall you try to gain unauthorized access to any service, data or computer system which haven't been expressly made available to
your networks or computer systems.
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The following cancellation notice periods will be applied in respect of the Premium Service Periods:
- In case the User subscribed to the Premium Service for one month wants to cancel his subscription he shall notify the Service Provider with a writing notice at least 15 days before cancellation
- In case the User subscribed to the Premium Service for three months wants to cancel his subscription he shall notify the Service Provider with a writing notice at least 30 days before cancellation
- In case the User subscribed to the Premium Service for one year wants to cancel his subscription he shall notify the Service Provider with a writing notice at least 90 days before cancellation
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Limitation of Liability
- Kosmetiko.com shall not be liable for any direct special, indirect, punitive, exemplary, incidental or consequential damages (however arising, including negligence), any loss of reputation or goodwill, any economic loss (including, but not limited to, damages for loss of profits, revenues, savings, or business interruption), or any other damages whatsoever (including but not limited to damages for loss of information, data or other intangible property), whether in contract, negligence, tort, strict liability or otherwise or any other damages (even if Kosmetiko.com have been advised of such damages) resulting from any of the following:
- the use or the inability to use the Site
- the use of any Content or other material on the Site or websites linked to the Site;
- any defect whatsoever in Products, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site
- unauthorised access to or alteration by third parties of your of data, transmissions or private information
- statements or conduct of you or any third party on the Site
- any other matter relating to the Site
- In no event shall Kosmetiko.com's total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), exceed the amount paid by you to Kosmetiko.com, if any, for accessing the Site or registering for the Kosmetiko.com services. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is the discontinuation of your use of the Site.
- Kosmetiko.com is not responsible for any injury and or damage to any individual as a result either directly or indirectly of any information published on the Site. The accuracy of the information is not guaranteed and does not constitute business or other professional advice and is subject to change and therefore Kosmetiko.com cannot accept responsibility for any loss, damage or expense incurred upon using the Site.
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General
- Subject to any additional agreements relating to the Premium Services, these Terms and the Privacy Policy constitute the entire agreement between you (the User) and Kosmetiko.com with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter. These Terms will prevail over any conditions of sale imposed by a seller.
- You and Kosmetiko.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
- If a court, or other competent authority, holds any of these Terms to be unlawful, void, or for any reason unenforceable, in whole or part, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Kosmetiko.com's failure to exercise or delay in exercising a right or remedy provided by these Terms of use or by law does not constitute a waiver of those or any other rights or remedies.
- Kosmetiko.com shall have the right to assign its obligations and duties under these Terms and in any agreement relating to Premium Services to any person or entity.
- Any controversy or claim arising out of or relating to this contract shall be determined by arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution.
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Trading Board (Broadcasts)
- Trading Board (Broadcasts) is designed for communication purposes
only. Self promotion or advertisement is strictly restricted. Any
contact details (phone number, email, company address) should not be
used in a text message or in a file attached.
- Members cannot use trading board information for the purpose of
re-selling, re-distributing or re-publishing, or otherwise commercially
exploiting the Kosmetiko.com content.
- Each User agrees that he shall not copy, reproduce or download any
information or text available on the trading board.
- Messages or information sent by a User through trading board shall
not contain any word of harassment or reveal any information that may
harm other members or Kosmetiko.com reputation.
- Kosmetiko.com reserves the right to delete or modify any messages or
files attached without prior notice.
- Kosmetiko.com is not responsible for any injury and or damage to any
individual as a result either directly or indirectly of any information
published on the Site. The accuracy of the information is not guaranteed
and does not constitute business or other professional advice and is
subject to change and therefore Kosmetiko.com cannot accept
responsibility for any loss, damage or expense incurred upon using the Site.