TERMS & CONDITIONS
Welcome to Kabsykreations!
These are the terms and conditions for:
Your use of the Kabsykreations website and purchase of the products (hereby "products") on such website, means that you agree to these terms and conditions as set out below (hereby "Terms").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS.
You may use the website and purchase the products only if you can form a binding contract with Kabsykreations, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations. The use of this website for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our services. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their child. By using the website and purchase the products and subscriptions, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
SHOPPING ON THE WEBSITE
When you order a product (custom detailed cake pops), you offer to buy the product for the price advertised and indicated on the website at the time of purchase. Please check correctly the variants and features of the products before ordering. If the product is not available, the user will be informed of the website by email or phone. Kabsykreations may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time in her sole discretion. If an order is canceled, any payment made for the products will be refunded in full. This does not affect your statutory rights. All new orders are considered separately and each is treated individually.
Subscription may include automatic recurring payments for periodic charges on the date in which the subscription was purchased. You authorize Kabsykreations to renew your subscription and to be charged periodically and progressively. The Subscription Billing Date” is the date when you purchase your first subscription. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration.
Kabsykreations reserves the right to determine the price for the products and subscriptions. Kabsykreations will make reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for current pricing information. Will always try to make sure that the prices on the website is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error, or the like. Should an error in pricing be discovered, the User will be informed of such error.
Subscriptions will be paid through "PayPal" and “Square” (payment platforms available via Kabsykreations). Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the subscriptions. Kabsykreations reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products.
Kabsykreations attempts to be as accurate as possible. However, Kabsykreations does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free.
ACCOUNT AND SECURITY
If you register on Kabsykreations websites, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your e-mail address and name. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kabsykreations of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Kabsykreations. Kabsykreations will not be liable for any loss or damage arising from your failure to comply with this Agreement. By providing Kabsykreations your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
ACCOUNT DELETION AND TERMINATION
The users may terminate their Accounts any time, for any reason, by following the instructions on Kabsykreations. That termination will only result in the deletion of the Account and the deletion of all the personal data granted to Kabsykreations. Kabsykreations reserves the right to terminate your Account or your access immediately, with or without notice to you, and without liability to you, if Kabsykreations believes that you have breached any of these terms, furnished Kabsykreations with false or misleading information, or interfered with use of the platform, website or the service by others.
INFORMATION & EARNINGS DISCLAIMER
The information contained in this website and the resources available through it are for educational and informational purposes only. We do not warrant that the information available on the website is accurate, complete or current. The content of this website and the services is provided as general information and should not replace any professional, legal, or medical help, assistance or advice. The users are solely responsible for the use of the information obtained through the services of Kabsykreations. By using Kabsykreations website, you agree that Kabsykreations has not made any guarantees about the results or income earnings of taking any action, whether recommended on this website or not. Kabsykreations provides educational and informational resources that are intended to help users of this website succeed in their businesses. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control of Kabsykreations. The use of our information and services should be based on your own due diligence and you agree that Kabsykreations is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information and services advertised on this website.
REFUND POLICY By Kabsykreations discretion, refunds may be honored on a case by case basis in the form of email and invoice documentation via Square or PayPal. Otherwise, custom services are non-refundable and may be eligible only for service credits as stated in Kabsykreations business policies. Membership/subscription services are not eligible in any circumstances for a refund once the paying party has had access to the content and/or deliverables have been received and consumed. Kabsykreations reserves the right to refuse future services due to the nature of the refund.
All content included on websites under the brand of Kabsykreations, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Kabsykreations, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Kabsykreations and protected by international copyright laws. All software used on this site is the property of Kabsykreations or its software suppliers and protected by international copyright laws. You have no authorization to copy, transmit, distribute, display, republish, post, use for monetary gains, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site's content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations, sharing of paid content, or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.
Kabsykreations respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Kabsykreations website infringe upon your copyright or other intellectual property rights, please send the following information to:
1. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included. 2. A statement specifically identifying the location of the infringing material, with enough detail that Kabsykreations may find it on the Kabsykreations website. Please note: it is not sufficient to merely provide a top-level URL.
3. Your name, address, telephone number and e-mail address.
4. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Kabsykreations is responsible for the delivery of the paid products as listed on your receipt. Any discrepancies between payment the product should immediately be noted and sent to email@example.com
Because of the nature of the Internet Kabsykreations provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse, Kabsykreations for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Kabsykreations liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Kabsykreations will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you. Subject as aforesaid, to the maximum extent permitted by law, Kabsykreations excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Kabsykreations and Kabsykreations shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
• Any incorrect or inaccurate information on Kabsykreations website.
• Any interruptions to or delays in updating Kabsykreations website.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any Product purchased through the website.
• Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website, or from transmissions via emails or attachments received from Kabsykreations.
• All representations, warranties, conditions and other terms which but for this notice would have effect.
Through your use of the Kabsykreations website and services you may encounter links to third party sites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Kabsykreations provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third-party sites and apps are at your own risk. You expressly acknowledge and agree that Kabsykreations are in no way responsible or liable for any such third-party sites.
You agree to defend and indemnify Kabsykreations and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
• Your breach of this Agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use on the Kabsykreations websites and services.
No responsibility will be accepted by Kabsykreations for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
CHANGES AND TERMINATION We may change the website and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
HEADINGS Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
These terms are governed by the laws of the State of Texas, United States. Jurisdiction and courts of law to resolve any claims or disputes in connection with these terms and the services provided by Kabsykreations shall be located at: Houston, TX - United States. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use. If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. Any rights not expressly granted herein are reserved.
CONTACT INFORMATION If you have questions or concerns about these terms, the products or the service, please contact us at: