This website is operated by KGown. Throughout the site, the terms “we”, “us” and “our” refer to K Gown. KGown offers this website, including all information, tools and servicesavailable from this site to you, the user, conditioned upon your acceptance ofall terms, conditions, policies and notices stated here.
By visiting our site and/ orpurchasing something from us, you engage in our “Service” and agree to be boundby the following terms and conditions (“Terms of Service”, “Terms”), includingthose additional terms and conditions and policies referenced herein and/oravailable by hyperlink. These Terms of Service apply to all users of the site,including without limitation users who are browsers, vendors, customers,merchants, and/ or contributors of content.
Please read these Terms ofService carefully before accessing or using our website. By accessing or usingany part of the site, you agree to be bound by these Terms of Service. If youdo not agree to all the terms and conditions of this agreement, then you maynot access the website or use any services. If these Terms of Service areconsidered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools whichare added to the current store shall also be subject to the Terms of Service.You can review the most current version of the Terms of Service at any time onthis page. We reserve the right to update, change or replace any part of theseTerms of Service by posting updates and/or changes to our website. It is yourresponsibility to check this page periodically for changes. Your continued useof or access to the website following the posting of any changes constitutesacceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service,you represent that you are at least the age of majority in your state orprovince of residence, or that you are the age of majority in your state orprovince of residence and you have given us your consent to allow any of yourminor dependents to use this site.
You may not use our products forany illegal or unauthorized purpose nor may you, in the use of the Service,violate any laws in your jurisdiction (including but not limited to copyrightlaws).
You must not transmit any wormsor viruses or any code of a destructive nature.
A breach or violation of any of the Termswill result in an immediate termination of your account.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuseservice to anyone for any reason at any time.
You understand that your content(not including credit card information), may be transferred unencrypted andinvolve (a) transmissions over various networks; and (b) changes to conform andadapt to technical requirements of connecting networks or devices. Credit card informationis always encrypted during transfer over networks.
You agree not to reproduce,duplicate, copy, sell, resell or exploit any portion of the Service, use of theService, or access to the Service or any contact on the website through whichthe service is provided, without express written permission by us.
The headings used in thisagreement are included for convenience only and will not limit or otherwiseaffect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS ANDTIMELINESS OF INFORMATION
We are not responsible ifinformation made available on this site is not accurate, complete or current.The material on this site is provided for general information only and shouldnot be relied upon or used as the sole basis for making decisions without consultingprimary, more accurate, more complete or more timely sources of information.Any reliance on the material on this site is at your own risk.
This site may contain certainhistorical information. Historical information, necessarily, is not current andis provided for your reference only. We reserve the right to modify thecontents of this site at any time, but we have no obligation to update anyinformation on our site. You agree that it is your responsibility to monitorchanges to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE ANDPRICES
Prices for our products aresubject to change without notice.
We reserve the right at any timeto modify or discontinue the Service (or any part or content thereof) withoutnotice at any time.
We shall not be liable to you orto any third-party for any modification, price change, suspension ordiscontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services maybe available exclusively online through the website. These products or servicesmay have limited quantities and are subject to return or exchange onlyaccording to our Return Policy.
We have made every effort todisplay as accurately as possible the colors and images of our products thatappear at the store. We cannot guarantee that your computer monitor's displayof any color will be accurate.
We reserve the right, but are notobligated, to limit the sales of our products or Services to any person,geographic region or jurisdiction. We may exercise this right on a case-by-casebasis. We reserve the right to limit the quantities of any products or servicesthat we offer. All descriptions of products or product pricing are subject tochange at anytime without notice, at the sole discretion of us. We reserve theright to discontinue any product at any time. Any offer for any product orservice made on this site is void where prohibited.
We do not warrant that thequality of any products, services, information, or other material purchased orobtained by you will meet your expectations, or that any errors in the Servicewill be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNTINFORMATION
We reserve the right to refuseany order you place with us. We may, in our sole discretion, limit or cancelquantities purchased per person, per household or per order. These restrictionsmay include orders placed by or under the same customer account, the samecredit card, and/or orders that use the same billing and/or shipping address.In the event that we make a change to or cancel an order, we may attempt tonotify you by contacting the e-mail and/or billing address/phone numberprovided at the time the order was made. We reserve the right to limit orprohibit orders that, in our sole judgment, appear to be placed by dealers,resellers or distributors.
You agree to provide current,complete and accurate purchase and account information for all purchases madeat our store. You agree to promptly update your account and other information,including your email address and credit card numbers and expiration dates, sothat we can complete your transactions and contact you as needed.
For more detail, please reviewour Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access tothird-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that weprovide access to such tools ”as is” and “as available” without any warranties,representations or conditions of any kind and without any endorsement. We shallhave no liability whatsoever arising from or relating to your use of optionalthird-party tools.
Any use by you of optional toolsoffered through the site is entirely at your own risk and discretion and youshould ensure that you are familiar with and approve of the terms on whichtools are provided by the relevant third-party provider(s).
We may also, in the future, offernew services and/or features through the website (including, the release of newtools and resources). Such new features and/or services shall also be subjectto these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products andservices available via our Service may include materials from third parties.
Third-party links on this sitemay direct you to third-party websites that are not affiliated with us. We arenot responsible for examining or evaluating the content or accuracy and we donot warrant and will not have any liability or responsibility for anythird-party materials or websites, or for any other materials, products, orservices of third-parties.
We are not liable for any harm ordamages related to the purchase or use of goods, services, resources, content,or any other transactions made in connection with any third-party websites.Please review carefully the third-party's policies and practices and make sureyou understand them before you engage in any transaction. Complaints, claims,concerns, or questions regarding thirdparty products should be directed to thethird-party.
K Gown or any of its affiliatesor third party vendors shall have the rights to use the any photos taken of theCustomer in online and offline marketing collaterals and channels, for stockand selfpromotional purposes, including but not limited to, printed materials,web and printed portfolio use, as well as use in contests and any future mediathat may be invented.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHERSUBMISSIONS
If, at our request, you sendcertain specific submissions (for example contest entries) or without a requestfrom us you send creative ideas, suggestions, proposals, plans, or othermaterials, whether online, by email, by postal mail, or otherwise(collectively, 'comments'), you agree that we may, at any time, withoutrestriction, edit, copy, publish, distribute, translate and otherwise use inany medium any comments that you forward to us. We are and shall be under noobligation (1) to maintain any comments in confidence; (2) to pay compensationfor any comments; or (3) to respond to any comments.
We may, but have no obligationto, monitor, edit or remove content that we determine in our sole discretionare unlawful, offensive, threatening, libelous, defamatory, pornographic,obscene or otherwise objectionable or violates any party’s intellectualproperty or these Terms of Service.
You agree that your comments willnot violate any right of any third-party, including copyright, trademark,privacy, personality or other personal or proprietary right. You further agreethat your comments will not contain libelous or otherwise unlawful, abusive orobscene material, or contain any computer virus or other malware that could inany way affect the operation of the Service or any related website. You may notuse a false e-mail address, pretend to be someone other than yourself, orotherwise mislead us or third-parties as to the origin of any comments. You aresolely responsible for any comments you make and their accuracy. We take noresponsibility and assume no liability for any comments posted by you or anythird-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 – FORCE MAJEURE
K Gown will not have anyliability or deemed to be in breach of this Agreement for any delays orfailures in performance of this Agreement, which result from circumstancesbeyond the reasonable control of K Gown. This may include, but not limited toevents such as:-
1. loss,damage, theft and/or failure of K Gown or its third party’s equipment orproducts;
2. fire,flood, earthquake, storm, hurricane or other natural disaster;
3. war,invasion, acts of foreign enemies, hostilities (whether war is declared ornot), rebellion, revolution, insurrection, military or usurped power orconfiscation, terrorist activities;
4. nationalisation,government sanction, blockage, embargo, labor dispute, strike, lockout; and/or
5. failureof electricity or other civil services
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may beinformation on our site or in the Service that contains typographical errors,inaccuracies or omissions that may relate to product descriptions, pricing,promotions, offers, product shipping charges, transit times and availability.We reserve the right to correct any errors, inaccuracies or omissions, and tochange or update information or cancel orders if any information in the Serviceor on any related website is inaccurate at any time without prior notice(including after you have submitted your order).
We undertake no obligation toupdate, amend or clarify information in the Service or on any related website,including without limitation, pricing information, except as required by law.No specified update or refresh date applied in the Service or on any relatedwebsite, should be taken to indicate that all information in the Service or onany related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitionsas set forth in the Terms of Service, you are prohibited from using the site orits content: (a) for any unlawful purpose; (b) to solicit others to perform orparticipate in any unlawful acts; (c) to violate any international, federal,provincial or state regulations, rules, laws, or local ordinances; (d) toinfringe upon or violate our intellectual property rights or the intellectualproperty rights of others; (e) to harass, abuse, insult, harm, defame, slander,disparage, intimidate, or discriminate based on gender, sexual orientation,religion, ethnicity, race, age, national origin, or disability; (f) to submitfalse or misleading information; (g) to upload or transmit viruses or any othertype of malicious code that will or may be used in any way that will affect thefunctionality or operation of the Service or of any related website, otherwebsites, or the Internet; (h) to collect or track the personal information ofothers; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) forany obscene or immoral purpose; or (k) to interfere with or circumvent thesecurity features of the Service or any related website, other websites, or theInternet. We reserve the right to terminate your use of the Service or anyrelated website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES;LIMITATION OF LIABILITY
We do not guarantee, represent orwarrant that your use of our service will be uninterrupted, timely, secure orerror-free.
We do not warrant that theresults that may be obtained from the use of the service will be accurate orreliable.
You agree that from time to timewe may remove the service for indefinite periods of time or cancel the serviceat any time, without notice to you.
You expressly agree that your useof, or inability to use, the service is at your sole risk. The service and allproducts and services delivered to you through the service are (except asexpressly stated by us) provided 'as is' and 'as available' for your use,without any representation, warranties or conditions of any kind, eitherexpress or implied, including all implied warranties or conditions ofmerchantability, merchantable quality, fitness for a particular purpose,durability, title, and noninfringement.
In no case shall K Gown, ourdirectors, officers, employees, affiliates, agents, contractors, interns,suppliers, service providers or licensors be liable for any injury, loss,claim, or any direct, indirect, incidental, punitive, special, or consequentialdamages of any kind, including, without limitation lost profits, lost revenue,lost savings, loss of data, replacement costs, or any similar damages, whetherbased in contract, tort (including negligence), strict liability or otherwise,arising from your use of any of the service or any products procured using theservice, or for any other claim related in any way to your use of the serviceor any product, including, but not limited to, any errors or omissions in anycontent, or any loss or damage of any kind incurred as a result of the use ofthe service or any content (or product) posted, transmitted, or otherwise madeavailable via the service, even if advised of their possibility. Because somestates or jurisdictions do not allow the exclusion or the limitation ofliability for consequential or incidental damages, in such states orjurisdictions, our liability shall be limited to the maximum extent permittedby law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defendand hold harmless K Gown and our parent, subsidiaries, affiliates, partners,officers, directors, agents, contractors, licensors, service providers,subcontractors, suppliers, interns and employees, harmless from any claim ordemand, including reasonable attorneys’ fees, made by any third-party due to orarising out of your breach of these Terms of Service or the documents theyincorporate by reference, or your violation of any law or the rights of athird-party.
SECTION 16 - SEVERABILITY
In the event that any provisionof these Terms of Service is determined to be unlawful, void or unenforceable,such provision shall nonetheless be enforceable to the fullest extent permittedby applicable law, and the unenforceable portion shall be deemed to be severedfrom these Terms of Service, such determination shall not affect the validityand enforceability of any other remaining provisions.
SECTION 17 – PAYMENT
All payments by the Customer arenon-refundable and non-transferable in the event of cancellation of anyproducts and/or services or the cancellation of the Contract.
In the event of late payment ornon-payment where the payment of the contract amount is not received, or thepayment is declined by the milestones stated, K Gown shall be entitled, withoutany prejudice to any other right or remedy:-
1. notto provide any further services or part of the services;
2. torequire that the Customer make a payment in advance of any services or part ofthe Package services not yet supplied;
3. toterminate the contract without any further obligations to the Customer and toretain any monies already paid; and/or
4. notto provide any materials, services, or rental items due in the Package untilsuch payment is made.
SECTION 18 - TERMINATION
The obligations and liabilitiesof the parties incurred prior to the termination date shall survive thetermination of this agreement for all purposes.
These Terms of Service areeffective unless and until terminated by either you or us. You may terminatethese Terms of Service at any time by notifying us that you no longer wish touse our Services, or when you cease using our site.
If in our sole judgment you fail,or we suspect that you have failed, to comply with any term or provision ofthese Terms of Service, we also may terminate this agreement at any timewithout notice and you will remain liable for all amounts due up to andincluding the date of termination; and/or accordingly may deny you access toour Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise orenforce any right or provision of these Terms of Service shall not constitute awaiver of such right or provision.
These Terms of Service and any policies or operating rulesposted by us on this site or in respect to
The Service constitutes theentire agreement and understanding between you and us and govern your use ofthe Service, superseding any prior or contemporaneous agreements,communications and proposals, whether oral or written, between you and us(including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in theinterpretation of these Terms of Service shall not be construed against thedrafting party.
SECTION 20 - GOVERNING LAW
These Terms of Service and anyseparate agreements whereby we provide you Services shall be governed by andconstrued in accordance with the laws
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most currentversion of the Terms of Service at any time at this page.
We reserve the right, at our solediscretion, to update, change or replace any part of these Terms of Service byposting updates and changes to our website. It is your responsibility to checkour website periodically for changes. Your continued use of or access to ourwebsite or the Service following the posting of any changes to these Terms ofService constitutes acceptance of those changes.