Terms & Conditions

These terms and conditions (together with the information and policies contained in the “Useful Links” pages on the website and any other documents referred in these terms and conditions) (“Terms and Conditions”) set out the legal terms that apply to your use of our website https://kuarki.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the “Websites” and “Website” being a reference to any one of them) and the other prodect and services that we provide (the “Products and Services”).

Please read these Terms and Conditions carefully and make sure that you understand them before using the Products and Services. Please note that by using the Products and Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Products and Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.

Understanding these Terms and Conditions

When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

When we refer to “we”, “us” or “our”, we mean Kuarki, Lda. Where we refer to “you” or “your” we mean you, the person using the Products and Services.

We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Products and Services, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).

About Us

We are Kuarki, Lda. and we operate the Website. We are a company registered in Portugal and our registered office is at Praceta Leonel Duarte Ferreira nº 5B, 2800-138, Almada. Our VAT number is PT 515 141 704.

Permited Use

You agree that:

(a) your use of this website is subject to and governed by these Terms of Use;
(b) you will only access or use this website and transact business with us if you are at least 18 years old;
(c) you will comply with and be bound by these Terms of Use as they appear on this website each time you access and use this website;
(d) each use of this website by you indicates and confirms your assent to and agreement to be bound by these Terms of Use; and
(e) these Terms of Use are a legally binding agreement between you and Kuarki that will be enforceable against you.

You agree not to use or attempt to use this website for any purpose that:

(a) interferes with or induces a breach of the contractual relationships between Kuarki and its employees;
(b) is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
(c) transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications;
(d) transmits any harmful or disabling computer codes or viruses;
(e) interferes with our network services;
(f) attempts to gain unauthorized access to our network services;
(g) impairs or limits our ability to operate this website or any other person’s ability to access and use this website; and/or
(h) uses any methods, means or devices to click on to this website or cause a visit to this website for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting real estate related business with Kuarki.
(i) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
(j) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
(k) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
(l) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
(m) dilutes or depreciates the name and reputation of the Kuarki or any of its affiliates;
(n) uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; or
(o) unlawfully uploads any confidential, proprietary or trade secret information.

Use and Access of this Website

Kuarki reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this website. You agree that you may not use or attempt to use any part of this website to represent that you have any (express or implied) affiliation with Kuarki or broker relationship with Kuarki without the express written permission of Kuarki. You may not use this website to transmit unsolicited e-mail to this site or to anyone whose e-mail address is included under the domain name of this website.

You agree and acknowledge that you have the sole responsibility and liability for your use of this website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this website.

Intellectual Property Rights

All other marks used on this website are the property of their respective owners.
Web Page Content: You acknowledge and agree that:

(a) all source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the “look and feel”, and the operation of this website (collectively “Web Page Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and

(b) all rights associated with the Web Page Content are owned by Kuarki, its licensors, or content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Web Page Content.

You may not use Web Page Content, domain names (in whole or in part), or e-mail addresses related to or derived from this website, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this website, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this website:

(a) in or as any meta-tag or hidden text;

(b) in or as part of any contextual marketing directory, index, or triggering term;

(c) as content or advertising related to any other website including, but not limited to, comparative/informational websites; and/or

(d) as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company’s website or controls the content of any other Internet browser window.

Submissions: You acknowledge and agree that all submissions to Kuarki containing any comments, improvements, suggestions, and ideas regarding this website will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge Kuarki’s unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

Testimonials: You acknowledge and agree that all testimonials submitted to Kuarki will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to Kuarki the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Kuarki may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name therewith.

Digital Millennium Copyright Act

Kuarki is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on this website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to:

Kuarki, Lda.
Praceta Leonel Duarte Ferreira nº 5B
2800-138 Almada
Portugal
sales@kuarki.com

Custom Products

We offer Kuarki products through this website for personal use. By using this service you represent and warrant that (i) you lawfully own or otherwise lawfully possess all necessary rights with respect to your image submission, (ii) your image submission does not and will not infringe or otherwise violate any intellectual property or privacy right of any third party, (iii) you have obtained written consent or permission to use the images and likenesses of every identifiable individual who appears in your image submission, and (iv) you are not using this service for any unlawful purpose.

Image submissions containing minors, under the age of eighteen (18), must have written consent from such individual’s parent or legal guardian. Kuarki does not assume responsibility to verify the age of individuals contained in your image submission. However, Kuarki reserves the right to request supporting information to verify the age of any individual and to request a written consent for every identifiable individual who appears in your image submission.

By uploading your image submission, you hereby grant Kuarki and its affiliates and assigns a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, publicly display, reproduce and distribute your image submission in any format.

Linking and Third-Party Advertising

Not Responsible For Links to Other websites: For your convenience, this website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise on this website, Kuarki does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this website may provide a link. By using this website you acknowledge and agree that Kuarki will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.

No Advertising / No Links. Kuarki does not permit third-party advertising on this website. Except with the written permission of Kuarki, you agree that you will not create links from any website or webpage to this website or any webpage within this website.

Revisions

You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this website at the time you access this website. Because these Terms of Use may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this website are subject to updating and revision without notice to you. Kuarki will honor current pricing at the time of your order. However, Kuarki reserves the exclusive right to change pricing, at anytime, without notice. You further acknowledge and agree that the Terms of Use may not be altered except with the express written permission of the President of Kuarki.

Location

You understand and acknowledge that Kuarki controls and operates this website from within Portugal. This website provides information regarding services and products that are made available to the whole wide world except Brasil, Syria and India. We make no representation that the services or products about which information may be provided on this website will be available anywhere outside Portugal. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this website.

User ID´s and Passwords

Certain areas or features of this website may be restricted to users who have obtained a user identification and password by completing a registration process described on this website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this website. You agree to notify Kuarki immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

The Internet as an Open Network

While certain designated parts of this website employ technologies to secure your data and the transmissions between you and Kuarki, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.

Privacy and Security

Mandatory and Optional Information: We identify what information is required to fulfill your request. If you chose not to provide mandatory information, we will not be able to provide you the service you are requesting.

Contests, Sweepstakes, and Surveys: From time to time, we may offer you the option to participate in contests, sweepstakes, or surveys. If you would like to participate, we may ask you for contact information, preferences or other information. This information may be used to conduct research, improve our offerings, or contact you regarding the Affiliate Family products or services. Our contests or sweepstakes may have separate rules and we will identify how the information that you supply will be used in each case.

Service Providers: In some cases, we will employ or use service providers such as title companies, appraisers, consultants, temporary workers, third party software developers, to complete a business process or provide a service on our behalf. For example, we may use service providers to enhance our website technology, deliver products, or to send e-mails. When we employ service providers, we may need to share your personally identifiable information. Service providers are strictly prohibited from using your personally identifiable information for purposes other than to act on our behalf.

Service Alerts and Critical Notices: Although we respect and honor the privacy preferences you have expressed, we may need to contact you to inform you of specific changes that may impact your ability to use this service or for other critical non-marketing purposes, such as bug alerts. We may also contact you to respond to your specific requests, to clarify the order information you provided to us, or to notify you of upcoming subscription expiration dates.

Change of Control: Your personally identifiable information may be transferred in connection with a sale, merger, transfer, exchange or other disposition (whether of assets, stock or otherwise) of all or a portion of Kuarki. You will have the opportunity to opt out of further secondary use of your information following any change of control.

Remarketing Practices: We use Google Analytics data about our site traffic via Google advertising cookies and anonymous identifiers in order to serve advertising banners on third party sites. We do not facilitate the merging of personally-identifiable information with non-personally identifiable information collected through any Google advertising product or feature. Google makes available a Google Analytics Opt-Out Browser Add-on that prevents your web data from being used by Google Analytics. To learn more and to install the browser add-on, go to https://tools.google.com/dlpage/gaoptout/.

Changes to Our Privacy Policy: We may, in our sole discretion, update this privacy policy at any time by posting the amended policy on the website, and it shall be effective upon posting.

Legal Disclosures: In some cases we may disclose certain information to comply with a legal process, such as a court order, subpoena, search warrant, or law enforcement request.

Cookies: A “cookie” is a small piece of information that our website may provide to your browser while you are at our sites. The Kuarki website supplies your browser with cookies that contain a unique identifier used to better understand website usage in the aggregate and on an individual level so we know what areas of our site users prefer (e.g., based on the number of visits to those areas). This is done through a tracking utility that allows us, for example, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. Kuarki may also employ service providers to help us collect and understand our website usage data.

Additionally, Kuarki service providers that serve ads on affiliate and/or advertiser websites may assign different cookies and small graphical images called single-pixel GIFs or web beacons, to your browser to track the effectiveness of Kuarki advertising on other websites and your involvement with Kuarki. For example, as part of the Kuarki affiliate programs, our service providers use cookies and web beacons to determine when affiliate program members have referred a customer to Kuarki via a link on their website. The Kuarki website also sets a temporary cookie that contains a unique, anonymous identifier that is provided to the service provider to ensure that each referral is only counted once. This cookie is not linked to a customer’s personal information. The cookies and web beacons are necessary to ensure that affiliate program members are appropriately credited for their referrals. Service providers report data in the aggregate and do not link it to individual customer information. Kuarki may also employ service providers who may assign cookies or web beacons to your browser to assist us in collecting website usage data such as your IP address, session ID, URL and demographic information such as your zip code. The collection of data may include personally identifiable information.

If you simply want to browse, you do not have to accept cookies from our site. Should you decide, however, that you would like to register and sign in to special areas of the website and you have modified your browser settings not to accept cookies, you will need to re-set your browser to accept the cookies that we send. Otherwise, you won’t be able to participate in certain areas of the website. Most browsers are defaulted to accept and maintain cookies.

website Usage Data: Our website tracks usage data, including, for example, your IP address, your browser type and version, which pages you view, which page, if any, linked you to our site, and which link, if any, you follow off of our site. We use this data in the aggregate and on an individual level to better understand website activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized website experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, within any future communications or by sending an e-mail to Sales@kuarki.com.

COPPA. Our website is not designed to appeal to children under the age of 13. Therefore, we don’t knowingly attempt to solicit or receive any information from children.

If you make any unauthorized use of this website or violate the Terms of Use: (a) you may be in violation of laws of Portugal, and may be subject to penalties, and (b) you may be responsible for damages caused to Kuarki. You agree to indemnify Kuarki and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this website and/or your breach/violation of or failure to comply with the Terms of Use.

Purchases

If you wish to purchase any products or services through this website, we will ask you to supply billing and shipping information applicable to your purchase. All information that you provide to us or our third party payment processor must be lawful, accurate, current and complete. You agree to pay all charges and applicable taxes that you incur at the prices in effect when you place your order. Verification of your billing or shipping information may be required prior to our acceptance of your order.

Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. We reserve the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service. We also reserve the right to impose conditions on any coupon or promotional code and to refuse any order in our sole discretion.

We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

Returns and Product Warranty

If your Kuarki product/packaging arrives damaged:

1) You have to report it to the courier when you receive the packaging;
2) You need to accept the order from the courier (if the order is returned to us the return shipping costs are not refundable);
3) You need to report it to us and send us photos of the damages, tube and item(s), to sales@kuarki.com with your order number;
4) We will immediately contact the courier;
5) We will replace it at our discretion if it is damaged.

If your Kuarki product is defective:

1) You need to report it to us and send us photos of the defect, to sales@kuarki.com with your order number;
2) We will replace it at our discretion if it is defective.

If your Kuarki order returns to us:

– Client did not answer the courier communications -> to possible refunds will be deducted 2x the shipping costs;
– Client refused the order -> to possible refunds will be deducted 2x the shipping costs.

We do not accept returns on custom orders, gift cards or vouchers.

Gift cards and vouchers are not redeemable for cash.

If you purchased your Kuarki using both a Gift Card and another form of payment, we will first credit or replace the Gift Card with the amount originally deducted from it and then credit your other form of payment for the balance.

For more information regarding our return policy:

Contact our Customer Service Advisors.
Have your Kuarki order number at hand.
Select the Customer Service option to speak to an agent during our business hours to receive a Return Authorization Number.
All returns must have an authorization number. We will not process your return without one.
Place your Kuarki order in the package it was shipped in and clearly mark the Return Authorization Number on the outside of the package.
You have to use a traceable shipping service when returning your package to our warehouse.

DISCLAIMERS

UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS website ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KUARKI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. KUARKI HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT KUARKI IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE, KUARKI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KUARKI MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS website WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT KUARKI, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEBSITE.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL KUARKI BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEBSITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEBSITE. YOU AGREE THAT KUARKI SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY 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 OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL KUARKI’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEBSITE.

Communications with the Company

Time Sensitive Instructions: When communicating with us through this website, chat or via e-mail, do not use the website, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this website, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.

E-Signature: General communications through this website, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.

Recording & Monitoring of Communications: Your communications with us via the website, chat e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

Prohibited E-mail Content: All of our Team Members are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our Team Member’s employment. The Company does not accept any liability in respect of such communication, and the Team Member responsible will be personally liable for any damages or other liability arising. Please report any such violations to Kuarki´s Customer Service. The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our Team Members is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law. Use of the Company’s e-mail facilities for purposes of to soliciting our Team Members to breach their employment agreements or to interfere with their employment status with our Company is strictly prohibited.

Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail and the Company makes no warranties, express or implied, with respect to such data or information.

Opt-Out: This e-mail may constitute an advertisement or solicitation under Portuguese law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from Kuarki, you may opt-out by sending an e-mail to sales@kuarki.com or by visiting our website at https://kuarki.com/contact-us/

Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.

Unsecured Transmissions: You should be aware that regular e-mail is typically sent via the Internet which is an open network. While certain designated areas within our websites employ technologies to secure your data and the transmissions between you and our Company, general e-mail uses the Internet which is an open system and we cannot provide absolute assurances that all e-mail transmissions (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won’t be lost, misdelivered, destroyed, delayed, or intercepted/decrypted by others. Therefore the Company advises against sending personally identifiable information, over e-mail, and disclaims all liability with regard to e-mails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, misdelivered, intercepted, decrypted or otherwise misappropriated by others.

Confidential Information: E-mails sent by our Team Members are confidential (and all attachments to such e-mails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you received an e-mail in error or if it was improperly forwarded to you, the information contained in the e-mail should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. Please notify the sender immediately by telephone or e-mail, and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. E-mails marked as “Confidential” contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with applicable privacy laws (including but not limited to the Gramm-Leach-Bliley Act) and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting and reviewing Confidential information provided by the Company, you agree to indemnify and hold the Company harmless against any and all claims, losses, liabilities, or expenses, including attorney’s fees that the Company may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.

Privileged Information: E-mails exchanged with or involving our Legal Team may contain privileged information subject to the attorney client privilege and/or the attorney work product privilege. Such privileged information shall not be waived if you receive an e-mail in error or if it was improperly forwarded to you. If you are not the intended recipient of privileged information, please notify the sender immediately by telephone or e-mail and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is strictly prohibited.

Additional Terms

You acknowledge that certain features of this website, as well other products and services of Kuarki, including those that may be available through this website, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.

Permission to Be Contacted: By submitting information to Kuarki through the website or otherwise, you are making an inquiry as to Kuarki’s programs and services and give Kuarki and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.

Permission to Share Your Information: When you “submit” information through the Kuarki website or otherwise, Kuarki may send your information to its affiliates. If you do not want your information shared with Kuarki affiliates, you should send an opt-out e-mail to sales@kuarki.com or visit our website at https://kuarki.com/contact-us/

Agreement to Provide Accurate Information: In making an inquiry, placing an order or in entering into any other transaction or request for information on this website, you agree to provide accurate, true, current, and complete information upon which Kuarki may rely.

Your Cooperation Needed: Kuarki generally begins processing your order shortly after submission. If you submit an order, you agree to cooperate as needed and notify Kuarki of any changes in any information submitted in connection with your order.

Reasonable Efforts: Kuarki will make commercially reasonable efforts to avoid delays and ship your order promptly, however, Kuarki is not responsible for delays outside of its control (e.g. credit card delays, shipping delays, acts of God, labor disputes, acts of government, natural disasters, or other matters beyond Kuarki’s reasonable control.)

Customer Reviews: When you submit a product review to https://kuarki.com they immediately become the sole property of Kuarki. In order to protect the integrity of the Kuarki brand for everyone, we cannot allow you or any other third party to host or display any ratings collected and managed by Kuarki without our direct consent. Unauthorized use of any Kuarki ratings or reviews, could cause serious damage to our reputation and may be cause for legal action.

Governing Law

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of Portugal, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this website shall be filed only in Portugal, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Severability

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

Copyright 2018 – 2019 Kuarki, Lda. All rights reserved.