Terms and Conditions

Terms and conditions

Introduction

These Terms and Conditions constitute a binding agreement between the Kass Land LLC – kassland.com (hereinafter referred to as the “Company” or kassland.com) and regulate your use of kassland.com website. Kassland.com website and / or related services, including any kind of communication carried out by the company to Merchants and Customers regarding the offered services, are hereinafter referred to as the kassland.com Platform.

Personal information that the Company obtains from you or third parties is processed in accordance with the privacy policy set forth in these Terms.

By agreeing to the Terms and Conditions of the use of kassland.com, you also agree to the kassland.com Privacy Policy.

By agreeing to the Terms and Conditions of the use of kassland.com, you also agree to the Return / Exchange Policy of kassland.com.

Whereas the Customer and the Merchant wish to open a personal account on the platform operated by kassland.com so that the Customer purchases through the platform and the Merchant sells the products, the Company, the Customer and the Merchant agree to come to an agreement which implies opening and using of an account by the Customer and the Merchant, selling and delivery to the Customer of the products posted by kassland.com on its Platform, paying fees by the Customer, compensation of the Merchant, calculation of the (commission) fee from sales through the Platform and determination of the payment method, as well as closing the account.

Please read these Terms of Use carefully before using the website.

All customers and merchants who wish to use kassland.com Platform are required to agree and abide by the terms and conditions given below. The administration of kassland.com reserves the right, at any time, unilaterally, by posting on the same website, to make changes to these terms without the additional consent of the Customer and the Merchant.

Definition of Terms:

1.1. The terms and definitions used in these Terms have the meaning as specified below, unless the context of the document clearly indicates otherwise:

1.1.1. Account – means the account registered by the customer or merchant on the website;

1.1.2. Authorization – means access to a personal account by the user and includes any action defined by Article 6 of these Terms and Conditions;

1.1.3. Terms of use – means these terms, together with any other terms and / or conditions, which are deemed by these Terms of Use to be a part of these terms, regulating the access and use of the platform by the Customer and the Merchant, including those related to any content, function and service offered on the website;

1.1.4. Website – means kassland.com, through which the service is offered;

1.1.5. Customer – a legal or natural person who meets the requirements set forth in these terms and wants to purchase Merchant’s products through kassland.com Platform;

1.1.6. Merchant – a legal or natural person who meets the requirements set forth in these terms and wants to sell products through the Platform;

1.1.7. The company, us or ours – means kassland.com, which is registered and operates in accordance with the legislation of Georgia, an identification code: 404568605, registration address: Tbilisi, Mtatsminda district, Anatoly Sobchak Street # 3, Tabukashvili Street # 5.

1.1.8. Users, users – means the customer and/ or the merchant registered on the kassland.com platform, respectively, separately / individually and together;

1.1.9. Parties – means the Company and its customers;

1.1.10. Kassland.com Platform – a platform operated by kassland.com that includes, without any limitation, the kassland.com website and/or all other alternative channels available to kassland.com;

1.1.11. Transaction – any activity carried out by a user in connection with a personal account and / or services.

1.1.12. Universal identifiers – a set of information (data package) provided to a Customer by kassland.com used to register in the identification system and enabling to access a number of kassland.com remote services and / or remote service channels;

1.1.13. Access Code(s) – codes, passwords, username, identification code, universal identifiers and / or other confidential information that kassland.com may provide to a Customer and / or a Merchant for access to different services;

1.1.14. Agreement – an agreement between customers and kassland.com, which includes these Terms and Conditions and its annexes, if any.

1.2. Where the context allows, singular words would mean plural and vice versa.

Statements and Guarantees:

By agreeing to these Terms and Conditions, the Customer confirms that:

2.1. The Merchant is an independent contractor and is not a company employee, partner and / or agent. The company does not bear responsibility for the quality of products placed by the Merchant on the Platform and the actual compliance of its characteristics with the description provided on the kassland.com website (kassland.com).

2.2. The company is exempt from any liability that may arise from the sale of the products posted by the Merchant, including breach of the terms of the contract and warranty, incompliance with applicable laws and regulations, etc.

2.3. It is a legal entity established in accordance with the Georgian legislation or a natural person aged 18 or over, which, at the same time, is not a citizen of the EU or a resident of the EU Member State.

2.4. It has full (unlimited) capability, is not under the influence of drugs, alcohol, psychotropic or toxic substances, is not a subject of fault, fraud, pressure, threat or any unlawful influence and is not an object of violence, threats, deception, misleading or any other prohibited action by kassland.com or any third party, is fully aware of the content of the expression of will, fully understands the essence of the provisions of the Terms and the legal consequences arising from it;

2.5. The Customer has the full authority (or will receive the appropriate authority) to sign and fulfill the obligations under these terms or any other agreements and statements;

2.6. The Customer is familiarized with the terms and these terms are acceptable to him;

2.7. All data provided by him is accurate;

2.8. The Customer is not involved or does not participate in any illegal activity (such as money laundering, arms trading, terrorism or other illegal activities) under any jurisdiction (including the legislation of Georgia and the legislation of the country where the Customer has citizenship);

2.9. At the moment of opening a personal account and for the entire period of validity of the contract, Customer’s activity and / or actions are / will be in compliance with domestic and / or international legislation.

2.10. Customer’s action is not / will not be aiming at deceiving kassland.com and / or any third party. Subject to this principle, the document and / or information submitted to kassland.com by its submission, is / will also be authentic, accurate and complete;

2.11. The Customer will fulfill his obligations under these Terms in good faith, fully and properly;

2.12. The Customer agrees, after opening a personal account, prior to termination of the contract, kassland.com to search / verify and process any customer-specified or related information, including personal information and / or universal identifiers.

2.13. The Customer shall immediately notify kassland.com, in writing, of any circumstance(s) that may conflict with his / her statements and / or violate these warranties;

2.14. Kassland.com enters into this agreement on the basis of the statements, warranties and commitments made in these Terms and Conditions and considers them as the terms of this agreement. Consequently, the breach of the statements, warranties and obligations under this article after the conclusion of the agreement, will be a sufficient grounds for kassland.com to unilaterally refuse to provide all or any of the services provided by the agreement and the Terms.

2.15. Upon reaching an agreement between the Customer and the Merchant through the Platform, the agreement (hereinafter referred to as the “Purchase Agreement”) will be concluded, the terms of which additionally include these Terms and Conditions. The Company is not a party of the Purchase Agreement. It only supports reaching and execution of the agreement between the Customer and the Merchant through the Platform, which excludes its liability for breach of obligations under the service agreement. Accordingly, the company will not be responsible for:

2.15.1. The quality of the Merchant’s products and the compliance of its characteristics with the data placed on the platform;

2.15.2. The accuracy of the personal data provided to the company by the Customer and the Merchant;

2.15.3. Proper implementation of the Purchase Agreement concluded between the Customer and the Merchant;

2.15.4. Existence of a permit / license / certificate if the Georgian legislation envisages such for the sale of specific products set out in the agreement;

2.15.5. Damage caused to the third party by the Merchant and / or the Customer.

2.16. In case of any misunderstanding / claim between the Customer and the Merchant, the Company will be fully relieved of any claims that the parties may have against each other.

2.17 The Customer and the Merchant acknowledge and confirm that:

2.17.1 The design of the website, software set, basic software code, software and other materials are subject to copyright and other intellectual property rights and therefore are subject to protection;

2.17.2 They will not use any software with artificial intelligence in connection with the use of the services;

2.17.3 Services of the company website in some cases imply connecting of the Customer to third parties who may offer their own product or service. The company assumes no liability or responsibility for the authenticity or solvency, or any other legal or proprietary status, or any features of the products or services offered to you. Whereas we provide access to third-party products and services, or hyperlinks to websites, we do so for the purpose of providing information, taking into consideration that such information or issues may be helpful to users of our website. Such links do not constitute an endorsement or liability of the view, ideas, products, information or services posted on this website by any third party, or any other related websites, and we expressly / explicitly state about such approval or representation. You use the third party information and / or link at your own risk and we do not assume or endorse any responsibility or liability for the content, use or access to the third party information and / or websites. We do not endorse such third party data or the content or accuracy of the information, nor do we warranty that such content is free from copyright, trademark or other third party infringement, or that the contents of such data are free from viruses or other harm. Therefore, we provide no warranties or representations, and are not responsible for any electronic information (its content) provided by any third party, including, without limitation, the accuracy, subject matter, quality or timelines of any electronic content.

Open and make use of Customer’s account:

3.1. The rules of using kassland.com services by the Customer and the Merchant:

3.1.1. To use the service of kassland.com by the Customer:

The Customer registers on the website com;
For registration, the client indicates his name, family name, e-mail and password that only he / she knows; the system does not keep it open, but uses password hashing version, which is not available for anyone except for the owner.
To complete the registration, the user shall select a box by which he /she agrees with confidentiality policy and terms of service ofcom;
After completing the registration, the Customer selects the desired product or products on the website and adds them to the cart to buy.
To complete the purchase, the Customer fills additional information on the purchase page: personal number, mobile number, actual address, selects the desired delivery and payment methods and completes the purchase procedure.

If the buyer has any additional questions regarding the terms of service of kassland.com or the product he / she is interested in, he/she should contact the support group at the phone number: +995 598 500 660

Or by e-mail: kasslandllc@gmail.com
The Merchant is registered on the website com;
For registration, the Merchant shall indicate: Merchant store name, identification code, legal address, actual address, telephone number, e-mail address, password (according to paragraph 5.2), contact person, mobile number and email of the contact person. In addition, information about the company (whether it is a VAT payer and its good are VAT-free) and the categories of products it sells should be also indicated;
To complete the registration the Merchant shall check the box by which he agrees with confidentiality policy ofcom and these Terms and Conditions;

If the buyer has additional questions regarding the terms of service of kassland.com or the product he / she is interested in, he/she should contact the support group at the phone number: +995 598 500 660 or by e-mail: kasslandllc@gmail.com

3.1.2. To use the service of kassland.com by the Merchant:

3.2. The user shall always keep the access codes of his personal account safe and never disclose them to third parties.

3.3. The user assumes full responsibility for any action taken on his account. If a person will access the user’s account in the name of another person, it will be considered he / she has enough authority to impose certain obligations on the user. The company fully disclaims liability for damage caused by a third party accessing the user’s account.

3.4. User is obliged to change his / her password and shall immediately contact kassland.com Customer Service Center, if the customer has a reasonable doubt that the information, password or other access code(s) of his / her personal account have been stolen, lost, unlawfully acquired, used or otherwise misappropriated. Failure to fulfil this obligation will threaten the security of the user’s personal account, as well as cause liability for any loss / damage.

3.5. By opening a personal account, the user declares and guarantees that he / she does not violate any laws or regulations by opening a personal account. He/she is responsible to protect the interests of kassland.com and to compensate kassland.com for all damages caused by the user for violating the requirements of this paragraph.

3.6. The user shall ensure the accuracy of the information in his personal account and make its updates. Kassland.com will bear no liability for any damage caused by non-fulfillment of this obligation by the user. Kassland.com reserves the right to request, at any time, from the user to confirm the accuracy of the information or to submit documents or other evidence;

Universal identifiers registered in the identification system

4.1. Username – one of the parameters, which is unique and is automatically defined by the centralized identification system, required for authorization, to receive remote services;

4.2. Password – One of the parameters required for authorization, to receive centralized remote service, which is defined by the user upon registration in the centralized identification system, through the remote service channel(s) or other communication means selected by kassland.com. The password is subject to further update / change at the option of the user.

4.3. Mobile phone number – The phone number where the user receives the unique (one time) access codes and unique passwords required to perform actions defined by the centralized remote service (if any)

4.4. User’s personal number / Identification number;

4.5. User’s email address – The email address where the Customer / the Merchant receives the access codes and password required to perform actions defined by the centralized remote service (if any). In order to receive centralized remote service, the Customer / the Merchant may be required to make authorization by simple (use of username and password) or complex (use of username, password and unique (one-time) code) authorization methods. The authorization method for the use of each relevant remote service channel(s) / services is also registered in the centralized identification system;

4.6. For service improvement and/or security purposes, the Company may specify additional or separate user identifiers.

Authorization:

5.1. After registering and verifying the account, to use the website, authorization by the user is required;

5.2. Authorization is done by user’s universal identifiers.

Selecting the product, placing and receiving the order by the customer

6.1. Following the authorization the Customer is redirected to the main page, from where he can access various information through navigation buttons.

6.2. Using the navigation buttons, the Customer will select the product category, following which he/she can filter the data according to the desired price category, merchant, product characteristics and / or other provided data.

6.3. By selecting the “Confirm” box, the client will select and add the product to his / her cart.

6.4. After adding the product in the cart, the Customer will be redirected to the payment page where the service fee for various services may be added to the cost of the product.

6.5. The Customer will receive product purchased through the kassland.com platform, pursuant to pre-defined service standards.

Relationship between the Company and the Merchant:

7.1. The relationship between the Merchant and the Company, including payment procedures, shall be regulated by the provisions of this article and in compliance with the agreement between the Merchant and the Company.

7.2. By registering on kassland.com, the Merchant confirms that he/she agrees to these Terms and the Privacy and Security regulations.

Payment method by the Customer and kassland.com

8.1. The Customer can make a payment by credit card, which includes agreeing to these Terms and Conditions.

8.2. The Company is a recipient of the transfer when paying by the credit card, which will transfer the received amount to the Merchant.

8.3. When making a payment by credit card, the cost of the service provided by kassland.com will be added to the cost of the product.

8.4. The Company will assist the customer in resolving problems related to payment by credit card through the Customer Service Center.

8.5. When paying by credit card, the Company acts as the financial agent of the Merchant. The Customer’s obligation to the Merchant will be considered fulfilled from the moment when the cost of the product and the charged commission fee are fully paid / credited to the relevant bank account of the Company.

8.6. The Company will transfer the product cost paid by the Customer to the Merchant’s bank account only after the cost of the product and the accrued commission are fully and properly transferred / by the Customer to the Company’s account.

8.7. The buyer pays to kassland.com using the following payment methods:

VISA or MASTERCARD at com

Warranty terms:

9.1. The parties agree that the extension of warranty terms on particular products and its validity period is fully the Merchant’s discretion and the Company cannot be held liable for the absence of warranty conditions / refusal to improve any defects / non-conformities related to the product during the warranty period.

9.2. Under warranty terms and conditions, the Customer may directly submit his/her claim to the Merchant during the warranty period, independent of the Company.

Closing a personal account and restricting its use:

10.1. Kassland.com reserves the right to unilaterally terminate or restrict the right to use the Platform by sending an e-mail notification to the user, if it deems that the requirements of these Terms and Conditions have been violated. In this case, the account will be closed or its use will be restricted from the moment of receiving the notification stipulated in this article:

10.2. If the Company will close the account for a reason specified in Article 11.1 or restrict its use, the user will not be entitled to create a new account on his or her behalf.

10.3. The user is entitled to stop using of kassland.com platform at any time, which will not lead to the termination of confidentiality obligation under this agreement.

Prohibited activities (operations) and additional warranty for the Merchant:

11.1. It is strictly forbidden to buy and / or sell the following products through the kassland.com Platform:

Drugs or related substances;
Firearms or ammunition;
Cable and satellite TV Signal suppression devices:
Pornographic material;
Government identification documents and licenses, as well as reproductions and innovation samples;
Unlicensed lotteries and gambling related services;
Multilevel marketing, pyramid trading or Ponzi schemes, matrix schemes or other schemes aiming at fast enrichment, or high-income investment schemes;
Goods or services infringing intellectual property rights of third parties, that include, without limitation, the unlawful use of electronic download software;
com reserves the right, at its sole discretion, to increase or decrease the categories of such prohibited operation;

11.2. If the user performs, or attempts to perform the activity in violation of prohibitive rules specified in this article, kassland.com reserves the right to:

stop or suspend running of the Customer’s personal account; and/ or
inform law enforcement bodies about the activity; and/or
claim damages from the Customer;

11.3. The Merchant undertakes that he / she:

holds all licenses, permits, certificates, liability insurance (if any) and other documentation required by applicable law for the sale of particular product;
adheres to the respective actual legislation and professional ethics norms.

Limitation of liability of kassland.com:

12.1. You hereby agree that you can freely choose whether or not to use the Company’s website and services at your own discretion and risk.

12.2. The Company provides you with access to the website, as well as Services in accordance with these Terms and Conditions. The Company makes no other promises or warranties in connection with the Services or any products or services that is a part of the Services, therefore, the Company will not be liable (within the scopes prescribed by law) in this regard (including implied warranties, satisfactory quality and / or compliance with your purpose). In particular, we do not warrant that the website and / or Services will be permanently accessible or free from software errors, viruses or other faults.

12.3. The Company will not be liable to you or any person, in any way, for any loss or damage incurred from the agreement, by negligence, tortuously or otherwise, or in any way related to the use of the Services by you or any third party, directly or indirectly, including, without limitation, for any damage or loss of business, loss of profit (including expected loss of profit or unaccepting the profit), cessation of business, or other monetary or material / essential loss.

12.4. The Company will not be liable to you or any person for any loss or damage incurred from the agreement, by negligence, tortuously or otherwise, or in any way related to the use of any link applicable on the website. The Company will not bear responsibility for the content of the website link to which you are redirected from the website or its services.

12.5. You admit that the Company will not be liable to you or any third party in the event of any change, restriction or termination of access to the website.

12.6. You agree that the Company will not be liable in the event that Company’s website does not function properly, or transaction or transmission is interrupted or stopped, or data or contact or lines are lost or damaged, or the website is misused by third parties, or any circumstances beyond our control.

12.7. The Company will not be liable for any loss, including loss of profit, caused by aforesaid reasons, and such loss will not be reimbursed.

12.8. If any such error results in an increase in your profit or the profit payable to you, you are not entitled to receive such profit. You shall immediately notify the Company of such error and reimburse the Company for all profits transferred to your account as a result of such error (as indicated by the Company), or the Company may, at its sole discretion, deduct the amount of that profit from your account.

12.9. Kassland.com is responsible for:

12.9.1. Accuracy and promptness of conducting transactions on the personal account of the user in accordance with the rules defined by these Terms and the current legislation;

12.9.2. Confidentiality of information on personal account transactions, except as provided by law;

12.10. Kassland.com will not be responsible for:

12.10.1. Product quality;

12.10.2. Non-fulfillment and / or improper performance of the obligation by the Merchant under such terms within the warranty conditions and period;

12.10.3. Direct or indirect damages resulting from the sale of a defective product, which, without limitation, includes unearned income, loss of business and damage to reputation.

12.10.4. Kassland.com assumes no responsibility for defining and payment of any transaction, liability or payment arising from the transaction between the Customer and the Merchant.

12.11. Violation of the obligation set forth in these Terms and Conditions shall provoke liability under these Terms and the current law of Georgia;

The Parties undertake to compensate each other for the damage (loss) cause by their full or partial non-fulfillment or improper fulfillment of the conditions in accordance with the rules established by law and/or in the prescribed manner;

Term and termination of the agreement:

1. After entering into force, these Terms and Conditions shall remain effective unless the user registration is cancelled.

13.2. Payment of the full price of the product to kassland.com by the Customer under these Terms and when purchasing the product shall mean fulfillment of his / her financial obligation. Fulfillment of a financial obligation shall not result in termination of these Terms and Conditions.

Governing law and dispute resolution rules:

14.1. There Terms are regulated and interpreted in accordance with the legislation of Georgia;

14.2. Georgia is the place of fulfillment of the conditions by the parties;

14.3. Any dispute or disagreement relating to these Terms or their interpretation will be settled by negotiation between the parties;

14.4. If the parties fail to reach an agreement through negotiations within 30 (thirty) calendar days, they would unconditionally agree to refer to other means of resolving the dispute provided to them by the legislation of Georgia.

Modifications to these Terms:

15.1. These Terms may be subject to modification. The changes will be made by kassland.com without prior notice to the Customer, however, in the event of substantial change to the Terms, the Customer will have to give a repeated consent to receive the Services without interruption. With each substantial modification in the Terms, the Customer will be able to agree to the use of any channel by kassland.com.

Integral Agreement

16.1. These Terms and Conditions, together with other related agreements, constitute an integral and complete agreement regarding the website and/ or the Services and supersede all prior or parallel communications, perceptions, as well as written or verbal statements and warranties of the website and / or the Services.

Privacy Policy:

17.1. Please read the Privacy Policy carefully. By visiting and using our website kassland.com you confirm that you have read and agreed to all the terms of the data protection regulations and use of our website.

17.2. Privacy Policy comprises security mechanisms of kassland.com for unauthorized access to personal data, through which kassland.com ensures the protection of your personal data.

Purchase and receipt of the product:

18.1. The Customer will receive products purchased through the kassland.com Platform according to pre-defined rules.

18.2. The recipient / deliverer of the purchased product can be:

The buyer (customer) personally;
Any other person specified by the Customer.

18.3. If the Customer refuses to accept the purchased product in person and wants that another person would receive it in his name, he must provide kassland.com with the personal data of the consignee, in particular, his / her name, family name, personal number and address, so that kassland.com would identify the consignee accordingly and deliver the product.

18.4. The rule described in this paragraph applies only to the product purchased by payment on account (by card).

18.5. If the product is purchased by the Customer in cash, the purchased product will be delivered by kassland.com only to the Customer or to the adult indicated by the Customer in compliance with these rules.

18.6. If the product is purchased by the Customer in installments, the purchased product will be delivered by kassland.com only to the Customer.

18.7. Kassland.com reserves the right to cancel the order placed by the Customer at any time.

Transitional Provisions:

19.1. Headings of the articles/paragraphs are used for the convenience only and have no influence on the definition and interpretation of terms.

19.2 Upon request, the Customer shall provide any additional information to kassland.com, also submit the relevant supporting documents required by kassland.com or defined by the Georgian legislation.

19.3. If any paragraph or its part of these Terms is revoked for any reason, invalidated or terminated, the mentioned paragraph or part thereof will no longer be used, and it will not affect the validity of remaining provisions of these Terms.

19.4. Kassland.com is entitled to make unilateral modifications of these Terms and Conditions and to notify the Customer of this through the media of kassland.com, including any other media and/or email available to kassland.com

19.5. The user, without the written consent of myartsge.com is not entitled to transfer the right and requirements under these Terms or to require any obligations to another person.

19.6. By agreement of the parties, the legal address of myartsge.com is considered to be the place of fulfillment of these conditions.

19.7. In cases not provided for in these Terms, the parties shall be guided by the relevant regulatory norms established by law and / or additionally agreed terms.

Terms and Conditions for TBC Business

Terms and Conditions for participation in the project

It is your will and desire to participate in the project and is not related to any kind of obligation
You herewith certify that you are a legal entity established in compliance with the Georgian legislation or a natural person aged 18 and over and at the same time, and you are not a citizen of the EU or a resident of EU Member state.
To support the company, you need to select your “preferred” company and the required amount to be transferred and to click “support”
Assistance can be provided only in the national currency of Georgia – GEL
After donation you will receive a voucher in the amount of the transferred sum via SMS
Money transferred by you is non-refundable

Terms of using the voucher:

You can use the voucher received in the project in that company (“preferred” company), to which you will provide assistance.
You can receive the service / product with the voucher of the company after your “preferred” company starts operating again. In case of failure to resume activities of the company, your “preferred” company will be released from the obligation to withdraw vouchers.
Voucher is issued for a period of 2 years.
The company providing service / product (“preferred” company) is responsible for payout the voucher and provision of the relevant service.
The company providing service / product (“preferred” company) is responsible for any issue and / or claim related to the voucher.
LLC Kass Land will not be responsible for failure to payout the voucher and provide you with the relevant service / product by your “preferred” company.
LLC Kass Land will not be responsible for any issues / claims / disputes related to your voucher.