COLLECTION AND USES OF YOUR PERSONAL INFORMATION
“Personally Identifiable Information” is data that can be used to identify or contact a single person.
You may be asked to provide Personally Identifiable Information when you sign up to receive updates from Kinoko or make a purchase from Kinokochat.com. You are not required to provide Personally Identifiable Information, but if you choose not to do so, you may not be able to receive updates about Kinoko and Kinoko products and services.
If you do provide Personally Identifiable Information, you acknowledge and agree that Kinoko, in its sole discretion, may send updates on its products and services. Except as otherwise provided here in, the Personally Identifiable Information you provide to us is used for the Company’s internal purposes only. Kinoko will use the information it collects only to send you updates on Kinoko products and services.
You agree that Kinoko may communicate with you via email and any similar technology for any purpose relating to Kinoko’s products and services.
SHARING YOUR PERSONAL INFORMATION
Kinoko will not give any of your Personally Identifiable Information to any third party or otherwise disclose your Personally Identifiable Information without your express approval except: as reasonably necessary to fulfill your service request or purchase order, to third-party fulfillment houses, customer support, billing and credit verification services, and the like; to learn what you like and to improve the Services; to communicate with you regarding the Services and the Company’s business; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud; in connection with a merger, sale, reorganization, dissolution or liquidation of Kinoko businesses, to prospective or actual acquirers of Kinoko assets; or as otherwise necessary to protect the Company, its agents and other users of the Services. Kinoko can(and you authorize Kinoko to) disclose any information about you to private entities, law enforcement agencies or government officials, as Kinoko, in its sole discretion, believes necessary or appropriate to investigate or resolvepossible problems or inquiries, or as otherwise required by law. The Company may share general, demographic, or aggregated information with third parties about its Users and their Content and Services usage, but that information will not include or be linked to any Personally Identifiable Information without your consent.
SECURITY OF YOUR PERSONAL INFORMATION
Kinoko takes the security of your Personally Identifiable Information very seriously, and follows generally accepted industry standards for the protection of thePersonally Identifiable Information that you submit, both during transmission and after receipt. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, although we strive to use commercially acceptable means to protect yourPersonally Identifiable Information, we do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties.
HOW WE USE YOUR PERSONAL INFORMATION
The Personally Identifiable Information we collect allows us to keep you posted on Kinoko’s latest product announcements, new features, Kinoko news and upcoming events. If you do not wish to receive promotional emails from Kinoko, you can opt out anytime by sending an email to [email protected]
From time to time, we may use your Personally Identifiable Information to send important notices about Kinoko, such as communications about purchases, changes to our terms and conditions, or Kinoko service-related issues. Because this information is important to your interaction with Kinoko and the Kinoko service, you may not opt out of receiving these communications.
RETENTION OF YOUR PERSONAL INFORMATION
Kinoko may use third-party advertising services to serve Kinoko ads when you visit the Site and sites upon which we advertise (often referred to as “online network advertising”). This advertising technology uses information about your visits to this Site and the sites upon which we advertise (not including yourPersonally Identifiable Information) to serve Kinoko ads to you. In the course of serving Kinoko advertisements to you, a unique third-party cookie may be placed or recognized on your browser.
In some of our email messages, we use a “click-through URL” linked to content on the Kinoko website. When customers click on of these URL’s, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this manner, you should not click text or graphic links in the email messages.
Pixel tags enable use to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers, or to determine what messages are most effective.
The Site is not directed to or intended to be used by children under the age of 13. Kinoko does not knowingly collect Personally Identifiable Information from children under the age of 13. If Kinoko learns that it has collected Personally Identifiable Information of a child under the age of 13 without parental consent, we will delete that data from our systems. If you become aware that a child has provided Kinoko withPersonally Identifiable Information without parental consent, please contact Kinoko at [email protected]
TERMS AND CONDITIONS
Last updated: April 20, 2020.
These general terms and conditions for purchase (“Terms”) apply to all purchases made by a Purchaser (any reference in the Terms to “Buyer”, “Customer”, “Consumer”, “you”, and/or “your” is a reference to Purchaser through www.kinokochat.com (“Store”).
The Product(s) and accessories, as described in clause 1, are made available for purchase through pre-order with the first orders expected to ship in September 2020.
These Terms, together with the Order Confirmation that you will receive from Kinoko, form the Contract between the Customer and Kinoko and govern the purchase of Product(s) and/or accessories. You acknowledge and agree that you have read and understood these Terms before placing an Order and that it enters into a binding agreement with Kinoko when you place your order in the Checkout.
All orders are subject to acceptance by Kinoko at its discretion. If Kinoko refuses to accept an order, it shall inform the Customer of such refusal by e-mail as soon as reasonably possible, and preferably within one month after the order was submitted. If the order is refused, you will not be charred and Kinoko is not responsible for any loss or delay arising out of such refusal.
The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in US Dollar, and where applicable include sales taxes. Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout.
Kinoko is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.
The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option described in the order process. The cost of shipping is detailed in the order process. The estimated dispatch and delivery date will be stated in the order process.
The delivery date will depend on completion of Product(s) and/or accessories, the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. Kinoko will make best efforts to keep you duly noted of any changes impacting the delivery of your pre-ordered Product(s) and/or accessories. Kinoko shall not be held liable for delays in the estimated delivery date in the pre-order.
The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout. The Customer is responsible for providing the correct address in the ordering process. Kinoko shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.
Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. The risk of loss of or damage to the Product(s) and/or accessories passes to the Customer when they, or their representative, has received the Product(s) and/or accessories. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.
CANCELLATION OF PRE-ORDER
The Customer may cancel the Order made in the Pre-Order as long as the request is made prior to shipment. Kinoko will send a notice of shipment approximately 14 days before the Order ships. If the Customer chooses to cancel the Order prior to shipment, the Customer is entitled to a refund or the Customer will not be charged. Kinoko will process refunds within a reasonable amount of time.
Kinoko reserves the right to cancel your Order before the shipment date at Kinoko’s own discretion. In the event of such cancellation, Kinoko will refund any monies paid by Customer up until that point.
You are not required to provide a reason for the cancellation. If you wish to cancel, you may do so by e-mail to [email protected] Cancellation requests sent after shipment are not eligible for a refund under this clause.
You agree to defend, indemnify and hold harmless Kinoko and independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “Kinoko Indemnified Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (i) your purchase or use of, or inability to use, the Product(s) and/or accessories; (ii) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Kinoko or a third party in relation to the Product(s) and/or accessories, or (iii) your violation of any applicable law or any rights of any third party related to your use of the Product(s) and/or accessories.
LIMITATION OF LIABILITY
KINOKO SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KINOKO ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCT(S) AND/OR ACCESSORIES EXCEED THE THE AMOUNT YOU PAID TO KINOKO FOR THE PRODUCT(S) AND/OR ACCESSORIES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
These Terms and the purchase of the Product(s) and/or accessories shall be governed by and construed in accordance with the laws of New York, U.S.A., without reference to its choice of law principles to the contrary. The 1980 UN Convention on Contracts for the International Sale of Goods or its successor will not apply to this Contract. Subject to the dispute resolution clause 14, Customer hereby agrees that any disputes shall be referred to and finally resolved by the courts located in the Southern District of New York, in the State of New York. The legal venue shall be the Southern District of New York, in the State of New York, U.S.A.
The seller and supplier of the Kinoko product and accessories is Kinoko Chat, LLC, a New York Limited Liability Company. Please contact us at [email protected]