PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM. 

By accessing or using this website, mobile application or other KMA product or service (collectively the “Platform”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you indicate that you have read , and that you understand and agree to be bound by these Terms of Use and all other applicable laws, whether or not you are a registered member of KMA. KMA may change these Terms of Use at any time without notice, effective upon posting on the Platform. Your continued use of the Platform will be deemed your acceptance of the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform. 

 

PHYSICAL ACTIVITY NOTICE

The Platform may include features that promote physical activity. Consider the risks involved and consult with your healthcare professional before engaging in any physical activity. KMA is not responsible for any injuries or damages that you may suffer as a result of your use or inability to use the functions of the Platform or KMA Products. KMA is also not responsible for injuries that may occur while taking part in any sports associated with any of our products. 

 

INTELLECTUAL PROPERTY

All intellectual property on the Platform (with the exception of User Generated Content) is the property of KMA or its licensors, and includes materials protected by copyright, trademark or patent laws. All trademarks, service marks and trade names (e.g., the KMA name and its designs) are the property of, registered and/or licensed by KMA. All content on the Platform (with the exception of User Generated Content), including, but not limited to, text, software, scripts, code, designs, graphics, photographs, sounds, music, videos, applications, interactive features and any other The content (the “Content”) is a collective work protected by copyright and other laws of Mexico and is the exclusive property of KMA. All rights reserved.

 

RESTRICTIONS ON THE USE OF THE PLATFORM

You may use the Content solely for your own non-commercial use to participate in the Platform, or place an order or purchase products from KMA. You agree not to change or delete any proprietary notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, transmit, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell the Intellectual Property or Content appearing on the Platform, including Content Generated by the Platform. User (defined below), without the prior written consent of KMA, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use data mining, robots, scraping or similar data collection methods. Nothing in these Terms of Use may be construed as granting any license of intellectual property rights to you.

 

PRODUCT ORDERS

All orders placed through the Platform are subject to acceptance by KMA. This means that KMA may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any reason or no reason, and without any liability to you or any other person. If your credit card has already been charged for an order that is subsequently cancelled, KMA will issue a refund.

 

PROTECT YOUR USERNAME/PASSWORD

You are responsible for all actions that occur when using your KMA account. Please keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. KMA is not responsible for any loss resulting from the unauthorized use of your username/password, with or without your knowledge. The KMA Canada website is built on a shopify platform and therefore, all security associated with your username and password are subject to shopify's security conditions. KMA Canada will not be held liable if a data breach occurs on Shopify's platform.

 

USER GENERATED CONTENT

“User Generated Content” consists of communications, materials, information, data, opinions, photographs, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds and all other content that you or other users of the Platform post or make available through the Platform, except to the extent that the Content is the property of KMA.

 

RETURNS

KMA can, with sole discretion, accept or reject returns of KMA merchandise. Please visit our Returns page for more details.

 

INDIVISIBILITY

If any provision of these Terms of Use is determined to be invalid, the remainder of these Terms of Use will remain in effect. If any provision in these Terms of Use is determined to be unlawful, void or unenforceable, that provision will be deemed severable from these Terms of Use and the remaining provisions will still be valid and enforceable.

 

TERMINATION

KMA reserves the right in its sole discretion to terminate your account, delete your profile and your User Generated Content, and restrict your use of the Platform, in whole or in part, for any reason or no reason, without prior notice, and without liability to you or any other person. KMA also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, such as that displayed outside of your profile, in activity feeds, on other parts of the Platform or on other platforms (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the Platform or other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after termination of your account. The Terms of Use with respect to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous Articles, Indivisibility and terms that by their nature may survive termination, will survive any termination. rescission.

 

These Terms and Conditions and its provisions, are to be interpreted under the laws of the province of Ontario, Canada.

Date of last review: March 2024