Terms and Conditions of Service.
1. GENERAL
1.1 SCOPE.
WELCOME TO OKAKIE.COM. THIS TERMS & CONDITIONS (“AGREEMENT” OR “TERMS”) IS A CONTRACT BETWEEN YOU AND CAMPRE CLOTHING CORPORATION, REGISTERED ADDRESS AT 10552 82 AVE, EDMONTON ALBERTA CANADA T6E 2A4 (COLLECTIVELY, “OKAKIE,” “WE”, “US” OR “OUR”), GOVERNING YOUR USE OF OUR WEBSITE AT OKAKIE.COM (THE “SITE”), ANY MOBILE APPLICATIONS (“APPS”) THAT HYPERLINK TO THIS AGREEMENT, OR ANY OTHER WEBSITES, PAGES, FEATURES, OR CONTENT OWNED AND OPERATED BY US THAT HYPERLINK TO THIS AGREEMENT (COLLECTIVELY, INCLUDING THE SITE AND APPS, THE “SERVICES”).
BY ACCESSING OR USING THE SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE, DOWNLOADING THE MOBILE APPLICATIONS, REGISTERING AN ACCOUNT, OR CONTRIBUTING CONTENT OR OTHER MATERIALS TO THE SITE OR ON OR VIA THE APPS, YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS OF USE. YOU ARE ONLY AUTHORIZED TO USE THE SERVICES IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND TO THESE TERMS.
IN ADDITION, YOU MAY READ OUR PRIVACY AND COOKIE POLICY AT ANY TIME FOR MORE INFORMATION ABOUT HOW OKAKIE COLLECTS, STORES, AND PROTECTS YOUR INFORMATION WHEN YOU USE THE SERVICES. OUR PRIVACY & COOKIE POLICY IS HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS & CONDITIONS AS THOUGH FULLY SET FORTH HEREIN.
1.2 UPDATES TO THE TERMS.
WE RESERVE THE RIGHT TO MODIFY THE TERMS OF USE, INCLUDING THE PRIVACY & COOKIE POLICY, AT ANY TIME, AT OUR SOLE DISCRETION. IF WE MODIFY MATERIAL TERMS TO THIS AGREEMENT, SUCH MODIFICATION WILL BE EFFECTIVE AFTER WE SEND YOU NOTICE OF THE AMENDED AGREEMENT. SUCH NOTICE WILL BE IN OUR SOLE DISCRETION, AND THE MANNER OF THE NOTIFICATION MAY INCLUDE, FOR EXAMPLE, VIA EMAIL, POSTED NOTICE ON THE SITE OR APPS, OR ANOTHER MANNER.
YOUR FAILURE TO CEASE USE OF THE SERVICES AFTER RECEIVING NOTIFICATION OF THE MODIFICATION WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFIED TERMS.
1.3 ACCEPTANCE OF TERMS.
TO SHOP WITH US, YOU NEED TO BE AT LEAST 16 YEARS OLD. ANY ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICES INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU SHOULD IMMEDIATELY DISCONTINUE ACCESS OR USE OF THE SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS & CONDITIONS OR OUR PRIVACY & COOKIE POLICY, YOU MAY CONTACT US ANYTIME.
2. USE OF OUR SERVICES
2.1 REPRESENTATIONS.
WHEN YOU USE OUR SERVICES, YOU AGREE TO THE PROCESSING OF THE INFORMATION AND DETAILS AND YOU STATE THAT ALL INFORMATION AND DETAILS PROVIDED ARE TRUE AND CORRESPOND TO REALITY. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 16 YEARS OLD OR VISITING THE SERVICES UNDER THE SUPERVISION OF A PARENT OR GUARDIAN. SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, OKAKIE HEREBY GRANTS YOU A LIMITED, REVOCABLE, NON-TRANSFERABLE, AND NON-EXCLUSIVE LICENSE TO ACCESS AND USE THE SERVICES BY DISPLAYING IT ON YOUR INTERNET BROWSER, FOR OUR SITE, OR ON YOUR MOBILE DEVICES, FOR OUR APPS, ONLY FOR THE PURPOSE OF SHOPPING FOR PERSONAL ITEMS SOLD ON THE SITE OR APPS AND NOT FOR ANY COMMERCIAL USE OR USE ON BEHALF OF ANY THIRD PARTY, EXCEPT AS EXPLICITLY PERMITTED BY OKAKIE IN ADVANCE. ANY BREACH OF THIS AGREEMENT SHALL RESULT IN THE IMMEDIATE REVOCATION OF THE LICENSE GRANTED IN THIS PARAGRAPH WITHOUT NOTICE TO YOU.
2.2 LIMITATIONS ON USE.
EXCEPT AS PERMITTED IN THE PARAGRAPH ABOVE, YOU MAY NOT REPRODUCE, DISTRIBUTE, DISPLAY, SELL, LEASE, TRANSMIT, CREATE DERIVATIVE WORKS FROM, TRANSLATE, MODIFY, REVERSE-ENGINEER, DISASSEMBLE, DECOMPILE, OR OTHERWISE EXPLOIT THE SERVICES OR ANY PORTION OF THEM UNLESS EXPRESSLY PERMITTED BY OKAKIE IN WRITING. YOU MAY NOT MAKE ANY COMMERCIAL USE OF ANY OF THE INFORMATION PROVIDED ON THE SERVICES OR MAKE ANY USE OF THE SERVICES FOR THE BENEFIT OF ANOTHER BUSINESS UNLESS EXPLICITLY PERMITTED BY OKAKIE IN ADVANCE. OKAKIE RESERVES THE RIGHT TO REFUSE SERVICE, TERMINATE ACCOUNTS, AND/OR CANCEL ORDERS AT ITS DISCRETION, INCLUDING, WITHOUT LIMITATION, IF WE BELIEVE THAT CUSTOMER CONDUCT VIOLATES APPLICABLE LAW OR IS HARMFUL TO OUR INTERESTS.
YOU SHALL NOT UPLOAD TO, DISTRIBUTE, OR OTHERWISE PUBLISH THROUGH THE SERVICES ANY CONTENT, INFORMATION, OR OTHER MATERIAL THAT: (A) VIOLATES OR INFRINGES THE COPYRIGHTS, PATENTS, TRADEMARKS, SERVICE MARKS, TRADE SECRETS, OR OTHER PROPRIETARY RIGHTS OF ANY PERSON; (B) IS LIBELOUS, THREATENING, DEFAMATORY, OBSCENE, INDECENT, PORNOGRAPHIC, OR COULD GIVE RISE TO ANY CIVIL OR CRIMINAL LIABILITY UNDER LOCAL OR INTERNATIONAL LAW; OR (C) INCLUDES ANY BUGS, LOGIC BOMBS, VIRUSES, WORMS, TRAP DOORS, TROJAN HORSES OR OTHER CODE, MATERIAL OR PROPERTIES WHICH ARE MALICIOUS OR TECHNOLOGICALLY HARMFUL. OKAKIE MAY ASSIGN YOU A PASSWORD AND ACCOUNT IDENTIFICATION TO ENABLE YOU TO ACCESS AND USE CERTAIN PORTIONS OF THE SERVICES.
3. TRADE RULES
3.1 PRICE AND PAYMENT.
ALL PRICES ARE INCLUSIVE OF VAT (WHERE APPLICABLE) AT THE RATE APPROPRIATE TO THE COUNTRY OF RECEIPT AND ARE CORRECT AT THE TIME OF ENTERING THE INFORMATION ONTO THE SYSTEM. IF FOR SOME REASON WE ARE UNABLE TO SHIP YOUR GOODS, THE VALUE OF THE ITEMS THAT ARE NOT SHIPPED WILL BE REFUNDED TO THE ORIGINAL METHOD OF PAYMENT.
ALL PRICES ARE EXCLUSIVE OF DELIVERY CHARGES. THE TOTAL COST OF THE ORDER IS THE PRICE OF THE PRODUCTS ORDERED PLUS THE DELIVERY CHARGE.
PRICES MAY CHANGE AT ANY TIME, BUT CHANGES SHALL NOT AFFECT THE ORDERS FOR WHICH WE HAVE SENT AN ORDER CONFIRMATION.
ONCE YOU HAVE SELECTED ALL ARTICLES THAT YOU WISH TO BUY, THEY WILL BE ADDED TO YOUR BASKET. THE NEXT STEP WILL BE TO PROCESS THE ORDER AND MAKE THE PAYMENT. TO THAT END, YOU MUST FOLLOW THE STEPS OF THE PURCHASE PROCESS, INDICATING OR VERIFYING THE INFORMATION REQUESTED IN EACH STEP. FURTHERMORE, THROUGHOUT THE PURCHASE PROCESS, BEFORE PAYMENT, YOU CAN MODIFY THE DETAILS OF YOUR ORDER. YOU ARE PROVIDED WITH A DETAILED DESCRIPTION OF THE PURCHASE PROCESS IN THE SHOPPING GUIDE. YOU MAY USE, AS A PAYMENT METHOD, THE FOLLOWING CARDS: VISA, MASTERCARD, AMERICAN EXPRESS, UNION PAY, PAYPAL, AND ONLINE BANKING, ETC.
TO MINIMIZE THE RISK OF NON-AUTHORIZED ACCESS, YOUR CREDIT CARD DETAILS WILL BE ENCRYPTED.
WHEN YOU CLICK "AUTHORISE PAYMENT", YOU ARE CONFIRMING THAT THE CREDIT CARD IS YOURS. CREDIT CARDS ARE SUBJECT TO VERIFICATION AND AUTHORIZATION BY THE CARD ISSUING ENTITY. IF THE ENTITY DOES NOT AUTHORIZE THE PAYMENT, WE SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO DELIVER AND WE WILL BE UNABLE TO CONCLUDE ANY CONTRACT WITH YOU.
3.2 COLORS.
WE HAVE MADE EVERY EFFORT TO DISPLAY, AS ACCURATELY AS POSSIBLE, THE COLORS OF OUR PRODUCTS THAT APPEAR ON THE SERVICES. HOWEVER, AS THE ACTUAL COLORS YOU SEE WILL DEPEND ON YOUR MONITOR, WE CANNOT GUARANTEE THAT YOUR MONITOR'S DISPLAY OF ANY COLOR WILL BE ACCURATE.
3.3 PACKING.
UNLESS OTHERWISE PROVIDED, WE WILL COMPLY ONLY WITH ITS MINIMUM PACKING STANDARDS FOR THE METHOD OF TRANSPORTATION SELECTED. THE COST OF ALL SPECIAL PACKING REQUESTED BY YOU WILL BE PAID FOR BY YOU.
3.4 SHIPPING & DELIVERY.
OKAKIE SHIPS FROM DIFFERENT WAREHOUSES IN DIFFERENT COUNTRIES. FOR ORDERS WITH MORE THAN ONE ITEM, WE MAY SPLIT YOUR ORDER INTO SEVERAL PACKAGES ACCORDING TO STOCK LEVELS AT OUR OWN DISCRETION. WE AIM TO DELIVER ORDERS AS QUICKLY AS POSSIBLE. HOWEVER, SOMETIMES DURING BUSY SALE PERIODS, DELIVERIES MAY TAKE LONGER. IF YOU HAVE ANY QUESTIONS REGARDING SHIPPING AND DELIVERY, PLEASE CONNECT WITH US.
3.5 TITLE AND RISK OF LOSS.
DELIVERY TO CARRIER SHALL CONSTITUTE DELIVERY TO BUYER, AND THEREAFTER RISK OF LOSS OR DAMAGE SHALL PASS TO BUYER. ANY CLAIM OF BUYER RELATIVE TO DAMAGE DURING SHIPPING OR DELIVERY SHOULD BE MADE DIRECTLY TO THE CARRIER. ANY CLAIMS BY BUYER AGAINST OKAKIE FOR SHORTAGE OR DAMAGE OCCURRING PRIOR TO SUCH DELIVERY TO CARRIER MUST BE MADE WITHIN FIVE (5) DAYS AFTER RECEIPT OF THE GOODS AND ACCOMPANIED BY ORIGINAL TRANSPORTATION BILL SIGNED BY CARRIER NOTING THAT CARRIER RECEIVED THE GOODS FROM OKAKIE IN THE CONDITION CLAIMED.
NOTWITHSTANDING PASSAGE OF THE RISK OF LOSS TO BUYER, TITLE AND RIGHT OF POSSESSION TO THE GOODS SOLD HEREUNDER SHALL REMAIN WITH OKAKIE UNTIL ALL PAYMENTS HEREUNDER, INCLUDING DEFERRED PAYMENTS EVIDENCED BY NOTES OR OTHERWISE, INTEREST, CARRYING CHARGES, SHALL HAVE BEEN MADE IN CASH, AND BUYER AGREES TO DO ALL ACTS NECESSARY TO PERFECT AND MAINTAIN SUCH RIGHT AND TITLE IN OKAKIE.
3.6 RETURN OF PRODUCT.
GOODS CAN BE RETURNED FOR STORE CREDIT IN THE DESIGNATED RETURN PERIOD. THE EXACT RETURN PERIOD AND RETURN POLICY DIFFER FROM COUNTRY TO COUNTRY. PLEASE CONTACT OUR CUSTOMER SERVICE FOR THE DETAILED INFORMATION. CUSTOMERS RETURNING GOODS ARE RESPONSIBLE FOR FREIGHT CHARGES.
WRONG SIZE ITEMS CAN BE EXCHANGED.
THE FOLLOWING ITEMS CANNOT BE RETURNED OR EXCHANGED: BODYSUITS, LINGERIE & SLEEPWEAR, SWIMWEAR, JEWELRY, AND ACCESSORIES.
3.7 REVIEWS, COMMENTS, AND SUBMISSIONS.
EXCEPT AS OTHERWISE PROVIDED ELSEWHERE IN THIS AGREEMENT OR ON THE SERVICES, ANYTHING THAT YOU SUBMIT OR POST TO THE SERVICES AND/OR PROVIDE TO OKAKIE.COM, INCLUDING, WITHOUT LIMITATION, PICTURE, VIDEO, IDEAS, KNOW-HOW, TECHNIQUES, QUESTIONS, REVIEWS, COMMENTS, AND SUGGESTIONS (COLLECTIVELY, "SUBMISSIONS") IS AND WILL BE TREATED AS NON-CONFIDENTIAL AND NONPROPRIETARY, AND BY SUBMITTING OR POSTING, YOU AGREE TO IRREVOCABLY LICENSE THE ENTRY AND ALL IP RIGHTS RELATED THERETO (EXCLUDING THE MORAL RIGHTS SUCH AS AUTHORSHIP RIGHT) TO OKAKIE WITHOUT CHARGE AND OKAKIE SHALL HAVE THE ROYALTY-FREE, WORLDWIDE, PERPETUAL, IRREVOCABLE, AND TRANSFERABLE RIGHT TO USE, COPY, DISTRIBUTE, DISPLAY, PUBLISH, PERFORM, SELL, LEASE, TRANSMIT, ADAPT, CREATE DERIVATIVE WORKS FROM SUCH SUBMISSIONS BY ANY MEANS AND IN ANY FORM, AND TO TRANSLATE, MODIFY, REVERSE-ENGINEER, DISASSEMBLE, OR DECOMPILE SUCH SUBMISSIONS. ALL SUBMISSIONS SHALL AUTOMATICALLY BECOME THE SOLE AND EXCLUSIVE PROPERTY OF OKAKIE AND SHALL NOT BE RETURNED TO YOU AND YOU AGREE NOT TO RAISE ANY DISPUTE IN CONNECTION WITH ANY USE OF THE ENTRY BY OKAKIE IN THE FUTURE.
YOU WARRANT THAT YOUR SUBMISSIONS, IN WHOLE OR IN PART, ARE CLEAR AND FREE OF ANY IP RIGHT INFRINGEMENT, DISPUTES, OR THIRD-PARTY CLAIMS. OKAKIE ASSUMES NO LIABILITY FOR ANY MISUSE OF COPYRIGHT OR ANY OTHER RIGHTS OF THIRD PARTIES BY YOU. YOU UNDERTAKE TO DEFENSE FOR AND INDEMNIFY OKAKIE AGAINST ANY LOSSES CAUSED DUE TO THE USE OF THE ENTRIES FOR ANY PURPOSES.
IN ADDITION TO THE RIGHTS APPLICABLE TO ANY SUBMISSION, WHEN YOU POST COMMENTS OR REVIEWS TO THE SITE OR APPS, YOU ALSO GRANT OKAKIE THE RIGHT TO USE THE NAME THAT YOU SUBMIT WITH ANY REVIEW, COMMENT, OR OTHER CONTENT, IF ANY, IN CONNECTION WITH SUCH REVIEW, COMMENT, OR OTHER CONTENT. YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE CONTROL ALL OF THE RIGHTS TO THE REVIEWS, COMMENTS, AND OTHER CONTENT THAT YOU POST ON THIS SITE AND THAT USE OF YOUR REVIEWS, COMMENTS, OR OTHER CONTENT BY OKAKIE WILL NOT INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY. YOU SHALL NOT USE A FALSE E-MAIL ADDRESS, PRETEND TO BE SOMEONE OTHER THAN YOURSELF, OR OTHERWISE MISLEAD OKAKIE OR THIRD PARTIES AS TO THE ORIGIN OF ANY SUBMISSIONS OR CONTENT. OKAKIE MAY BUT SHALL NOT BE OBLIGATED TO REMOVE OR EDIT ANY SUBMISSIONS (INCLUDING COMMENTS OR REVIEWS) FOR ANY REASON.
4. INTELLECTUAL PROPERTY AND OWNERSHIP
4.1 CONTENT.
THE SITE AND APPS, INCLUDING ALL OF ITS INFORMATION AND CONTENT, SUCH AS THE TEXT, SOFTWARE, SCRIPTS, GRAPHICS, PHOTOS, SOUNDS, MUSIC, VIDEOS, AND INTERACTIVE FEATURES (COLLECTIVELY, “CONTENT”) PROVIDED AS PART OF THE SERVICES BELONG AT ALL TIMES TO OKAKIE OR TO THOSE WHO GRANT US THE LICENSE FOR THEIR USE. YOU MAY USE THE CONTENT ONLY TO THE EXTENT THAT WE OR THE USAGE LICENSERS AUTHORIZE EXPRESSLY.
4.2 OKAKIE MARKS.
IN ADDITION, THE “OKAKIE” TRADEMARKS, SERVICE MARKS, ICONS, GRAPHICS, WORDMARKS, DESIGNS AND LOGOS CONTAINED THEREIN (“MARKS”), ARE OWNED BY CAMPRE CLOTHING CORPORATION, “OKAKIE” AND THE MARKS OF OKAKIE ARE TRADEMARKS IN THE UNITED STATES AND OTHER COUNTRIES FOR WHICH APPLICATIONS ARE PENDING OR REGISTRATIONS HAVE ISSUED. YOU DO NOT HAVE, AND WILL NOT ACQUIRE, ANY RIGHT, TITLE, OR INTEREST IN OR TO ANY OF THE MARKS. THE OKAKIE MARKS, WHETHER ON ANY PRODUCT OFFERED FOR SALE ON THE SITE OR THE APPS, OR APPEARING AS A LOGO OR TEXT ON ANY PORTION OF THE SITE, IS NOT A REPRESENTATION THAT CAMPRE CLOTHING CORPORATION IS THE OWNER OF ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS IN THE PRODUCTS OFFERED FOR SALE ON THE SITE OR THE APPS. CAMPRE CLOTHING CORPORATION SOURCES SOME OF ITS PRODUCTS FROM THIRD-PARTY MANUFACTURERS AND WHOLESALERS.
4.3 RIGHTS RESERVED.
CONTENT ON THE SERVICES IS PROVIDED TO YOU AS-IS FOR YOUR INFORMATION ONLY AND MAY NOT BE DOWNLOADED, COPIED, REPRODUCED, DISTRIBUTED, TRANSMITTED, BROADCAST, DISPLAYED, SOLD, LICENSED, OR OTHERWISE EXPLOITED FOR ANY OTHER PURPOSES WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF OKAKIE OR THE RESPECTIVE OWNERS OR LICENSORS. WE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED IN AND TO THE CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY QUESTIONS, COMMENTS, SUGGESTIONS, IDEAS, FEEDBACK, OR OTHER INFORMATION ABOUT THE SERVICES, PROVIDED BY YOU TO US ARE NON-CONFIDENTIAL AND SHALL BECOME THE SOLE PROPERTY OF OKAKIE.
YOU AGREE TO NOT ENGAGE IN THE USE, COPYING, OR DISTRIBUTION OF ANY OF THE CONTENT OTHER THAN EXPRESSLY PERMITTED HEREIN. YOU AGREE NOT TO CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE WEBSITE OR FEATURES THAT PREVENT OR RESTRICT USE OR COPYING OF ANY CONTENT OR ENFORCE LIMITATIONS ON USE OF THE WEBSITE OR THE CONTENT THEREIN.
5. THIRD-PARTY LINKS AND RESOURCES
OUR SITE AND APPS MAY CONTAIN LINKS TO THIRD-PARTY SITES THAT ARE NOT OWNED OR CONTROLLED BY US. WE HAVE NO CONTROL OVER, ASSUME NO RESPONSIBILITY FOR, AND DO NOT ENDORSE OR VERIFY THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY SITES OR SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT POSTED ON THE SITE OR OUR APPS BY ANYONE OTHER THAN US. WE STRONGLY ADVISE YOU TO READ ALL THIRD-PARTY TERMS AND CONDITIONS AND PRIVACY POLICIES.
6. LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS
6.1 OKAKIE LIABILITY.
UNLESS OTHERWISE INDICATED EXPRESSLY IN THESE CONDITIONS, OUR LIABILITY REGARDING ANY PRODUCT ACQUIRED ON OUR WEBSITE SHALL BE LIMITED STRICTLY TO THE PRICE OF PURCHASE OF THE SAID PRODUCT. NOTWITHSTANDING THE ABOVE, OUR LIABILITY SHALL NOT BE WAIVED NOR LIMITED IN THE FOLLOWING CASES:
IN CASE OF DEATH OR PERSONAL HARM CAUSED BY OUR NEGLIGENCE.
IN CASE OF FRAUD OR FRAUDULENT DECEIT; OR
IN ANY CASE IN WHICH IT WAS ILLEGAL OR ILLICIT TO EXCLUDE, LIMIT OR ATTEMPT TO EXCLUDE OR LIMIT OUR LIABILITY.
6.2 WARRANTIES
DUE TO THE OPEN NATURE OF THE SERVICES AND THE POSSIBILITY OF ERRORS IN STORAGE AND TRANSMISSION OF DIGITAL INFORMATION, WE DO NOT WARRANT THE ACCURACY AND SECURITY OF THE INFORMATION TRANSMITTED OR OBTAINED BY MEANS OF THE SERVICES, UNLESS OTHERWISE INDICATED EXPRESSLY ON THE SERVICES. ALL PRODUCT DESCRIPTIONS, INFORMATION, AND MATERIALS SHOWN ON THE SERVICES ARE PROVIDED "AS IS", WITH NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF THE SAME, EXCEPT THOSE LEGALLY ESTABLISHED. IN THIS SENSE, IF YOU ARE CONTRACTING AS A CONSUMER OR USER, WE ARE OBLIGED TO DELIVER GOODS THAT ARE IN CONFORMITY WITH THE MUTUALLY INTENDED TRANSACTION, IN ACCORDANCE WITH COMMERCIAL REASONABLE EXPECTATIONS, BEING LIABLE TO YOU FOR ANY LACK OF CONFORMITY WHICH EXISTS AT THE TIME OF DELIVERY. IT IS UNDERSTOOD THAT THE GOODS ARE IN CONFORMITY WITH THE TRANSACTION OR INTENDED PURCHASE IF THEY: (I) COMPLY WITH THE DESCRIPTION GIVEN BY US AND POSSESS THE QUALITIES THAT WE HAVE PRESENTED IN THIS WEBSITE; (II) ARE FIT FOR THE PURPOSES FOR WHICH GOODS OF THIS KIND ARE NORMALLY USED; (III) SHOW THE QUALITY AND PERFORMANCE WHICH ARE NORMAL IN GOODS OF THE SAME TYPE AND WHICH CAN REASONABLY BE EXPECTED TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES AND CONDITIONS (WHETHER EXPRESS OR IMPLIED), EXCEPT THOSE THAT MAY NOT BE EXCLUDED LEGITIMATELY.
7. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF OKAKIE TO YOU.
(1) BY USING THE SERVICES PROVIDED BY OKAKIE, YOU HEREBY ACKNOWLEDGE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND MOBILE APPS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OKAKIE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
(2) WE MAKE NO PROMISES WITH RESPECT TO AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
(3) YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, OKAKIE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OKAKIE ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
(4) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.