TERMS OF USE OF KNOWN EFFECTS

INTRODUCTION

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING, REGISTERING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE DISCLAIMERS SET FORTH BELOW AND THE PRIVACY POLICY. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE DISCLAIMERS AND PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS SITE OR ANY SERVICES ON THIS SITE.

CHANGES TO TERMS OF USE 

We reserve the right, to our discretion, to modify, add, or remove portions of these terms at any time and each such change shall be effective immediately upon posting. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes.

RESTRICTED ACTIVITIES

You agree not to use the Site to: (a) violate or encourage the violation of any local, state, national, or international law or our Prohibited Items Policy (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site or Our Services any purpose that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Known Effects in its sole discretion. 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. We have the right to terminate your membership at any time in our sole discretion.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

You are responsible for all use of your account and for any information, material and files you post onto the site and we assume no responsibility or liability for such information and reserve the right to reject or remove any information/content for any reason without explanation or liability. By accepting these Terms of Use and resuming your option to continue to open a shop within Known Effects you are agreeing that in the case of any certification needed to promote your product or business under the correct banner and use of any wording that needs to be registered or clarified or certified to class your product or business in the intended category(s) that Known Effects does not take any responsibility for the seller doing so to meet any National or International requirements, this is the responsibility of you the Seller. 

AGE RESTRICTIONS

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are under the age of 18, you may not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms set forth herein.

VENUE

Known Effects is not the seller, instead, the Known Effects acts as a venue which allows registered users to list and buy, any products which are legal, at any time, from anywhere to anywhere. We do not review product listings or any other information provided by users. We never provide products offered through the Known Effects or are involved in transactions between you and seller. We have no control over the quality, safety or legality of the products listed, the truth or accuracy of the listings, the ability of seller to provide products or the ability of buyers to pay for products sold. Do not assume that the listing, offer, sale, purchase, export or import of any products is valid and legal simply because it is listed on Known Effects. We are not responsible for ensuring that sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you. Each seller has it’s own shipping policy and other policies. You agree to accept all policies of seller.

NO RELATIONSHIP WITH USERS

Placement of information, logos, links or names of sellers or any other third party entities on Known Effects site does not constitute an endorsement or warranty of their products. You take full responsibility for a decision to visit or purchase from such entity and hold Known Effects harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venture, or employee) is created between you and Known Effects or between any seller or any other third party entities and Known Effects, by your participation on Known Effects.

We do not control the information provided by sellers or any other third party entities or users, which you may find to be offensive, harmful, inaccurate, or deceptive. The relationship created between you and the seller or any other person using our platform is a contract between the two of you. We are not a party to the contract.

You are responsible to evaluate the accuracy, completeness and usefulness of any products available through the site, from third parties or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any product or other content.

DISCLAIMER OF WARRANTIES

Known Effects is neither manufacturer nor inspects the products that are sold on our site. This is only a venue for sellers to list their products and buyers to purchase those products. We do not make any warranty about the quality, safety or legality of any products. If you have any claim related to a product, then you must contact seller. You release Known Effects from any such claims.

You expressly agree that use of the site or service is at your sole risk. The site is provided on an ‘as is’ and ‘available’ basis. Known Effects expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implies warranties of the merchantability, fitness for p articular use or purpose, title, and non-infringement with respect to the site or the service.

Known Effects makes no warranty that the services provided on the site will meet your requirements, or that the services will be uninterrupted, timely, secure, or error-free; nor does Known Effects make any warranty as to the accuracy or reliability of the knowneffects.com content or that defects in the site or the knowneffects.com content will be corrected. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the site or service is at your own discretion and risk.

LIMITATION OF LIABILITY

We hereby exclude all conditions, terms, representations and warranties relating to the Services supplied on our site, whether imposed by statute or operation of law or otherwise, that are not expressly stated in our Terms of Use including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

EXCLUSIONS & LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law. 

FEES

You acknowledge that you or any authorized individual acting on your behalf and who is requesting our services, shall be responsible for all fees charged by Known Effects for the services rendered hereunder. You understand that you or your agent must pay these fees. You acknowledge that as the seller you are responsible for all taxes that may occur after any purchase or sale through Known Effects. If you are unsure about your countries requirements for businesses and tax payments then please seek advice from a professional. 

BUYER PAYMENTS

You agree to pay the purchase price specified on the website by the seller at the time that you place your order for the purchase of a Product. You agree to pay an applicable shipping and insurance charges that you select when choosing your shipping options during check out.

If the goods are being delivered outside of your country of residence, you must pay any other sales, use, goods and services, value added, customs, excise or similar taxes or charges (“Other Taxes”) imposed by any applicable government agency.

The Seller is unable to advise you on the amount of any Other Taxes, and you should contact the taxing authorities of the country that the Products are to be shipped to if you are unsure whether any Other Taxes will apply.

You must pay for the Product online by credit card or PayPal account. Your payment will be processed upon receipt of your order.

PROPRIETARY RIGHTS OF CONTENT

You acknowledge that Known Effects and suppliers/sellers own the rights to the Known Effects website and the content displayed on the Site except your submitted content (“Your Content”). You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Known Effects website, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Known Effects, Known Effects users, or Known Effects advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Known Effects does not claim ownership of any content you post onto the site which shall remain your property, however by posting content onto this site you hereby grant us a non-exclusive royalty free license to use, modify, delete, reproduce and distribute such content for the purposes of operating this site. You also hereby acknowledge that we may retain archived copies of any of your content even if you have removed such content. You hereby represent that any content you post is owned by you or otherwise you have the right to grant the aforesaid license and that any content does not violate the intellectual property rights of any third party.

You may print off copies, and may download extracts, of any page(s) from our site for your personal reference only. If you believe information on our website infringes your copyright, then please contact us at support@knowneffects.com. If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials as per Digital Millennium Copyright Act.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account on our Site. You agree to indemnify, defend and hold Known Effects , its affiliates, officers, directors, owners, agents, information providers and affiliates(collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, liabilities, costs and/or expenses whatsoever (including without limitation reasonable legal fees disbursements) arising out of or resulting, directly or indirectly, from: (a) your breach of these Terms; (b) your access to or use of this site or any web site to which this site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this site; and/or (d) your violation of any law, rule or regulation. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

SUSPENSION OR TERMINATION OF ACCOUNT

Known Effects shall have the right to immediately terminate your account in the event of any conduct by you which Known Effects, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms of Use.

You may terminate your account at your sole discretion and at any time. Terminations will be effective at the end of your then current term, at which time your account will be closed and you will no longer enjoy access to your former account.

In addition to any and all remedies of law or in equity, any intentional violation of this Terms shall give us the right to immediately suspend or terminate its services to and business relationship with you.

DISPUTE WITH OTHERS

In the event that you have any dispute with others, you release Known Effects (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If there is any such dispute, then please contact such party and try to resolve it. However, if you are unable to resolve dispute of transaction on our site then you can use our Dispute Resolution System. We will try our best but we have no obligation to resolve it.

NOTICE

We may provide notice to you, by e-mail to the e-mail address provided by you during registration. You may give notice to us at any time via electronic mail to support@knowneffects.com.

PRIVACY POLICY

We recognize the importance of protecting your privacy. Our Privacy Policy is incorporated and made part of this Term of Use. To view the most current version of the Privacy Policy, please visit the Privacy Policy page on the Site. Any changes to the Privacy Policy will be communicated on the Privacy Policy page on the Site.

GENERAL 

The Terms are the agreement between you and Known Effects with respect to the subject matter hereof, and govern your use of the Site with respect to the subject matter hereof. The Terms and the relationship between you and Known Effects shall be governed by the laws of Australia, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state.

Known Effects’ failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by either a court of competent jurisdiction or the Arbitrator, you and Known Effects nevertheless agree that the court or the Arbitrator should endeavor to give effect to your and Known Effects ‘s intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

COMPLIANCE

All users agree to abide by applicable regulations and their local regulations. Known Effects shall not be liable for any violations by users.

CONTACT INFORMATION

You can contact us via e-mail by clicking “Contact Us” on any knowneffects.com page or send an e-mail directly to support@knowneffects.com. Please include information in the e-mail that will help us identify your account so we can assist you with your inquiry or request.