Last modified : Saturday, July 14th 2018
Terms an Conditions
The following Rules of Conduct apply to your use of the Website and our other services, and to any User Submissions. You agree not to collect or use any personally identifiable information ("Personal Information"), including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website. In addition, when using our Website or other services, you may not: • Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; • Infringe or violate any patent, copyright, trademark, trade secret or other property right; • Breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); • Do anything that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way; • Breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech; • Violate or encourage others to violate any applicable law, statute, ordinance or regulation; • Upload or promote software or services that deliver unsolicited e-mail or other communications; or • Upload anything that contains a virus, Trojan horse, worm, time bomb, cancelbot or other harmful programming routine. You may not, except with prior written authorization from Kemitt, or in a specially designated area, use the Website to: • Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or • Engage in commercial activities within Kemitt; • Use Kemitt content to engage in commercial activities; • Use Kemitt’s website or content to promote any product or service of anyone who competes with Kemitt; • Harm minors in any way; • Solicit personal information from anyone under legal age of majority; • Provide false or deceptive information; • Delete, add or otherwise change User Submissions or other content when you have not been granted the privileges to do so; or • Allow usage by others in such a way as to violate Kemitt’s Terms of Service.
Kemitt respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Kemitt and the Website, including if you access Kemitt services via a Third Party Platform (defined below), you may not post any User Submission or product design (“Design”) that contains copyrighted material belonging to others, or any material that infringes another intellectual property right of others, without obtaining their prior written consent. Kemitt reserves the right, in its discretion, to remove any User Submission or reject any Design if we believe it may infringe any right of a third party, and/or to terminate the account of any user that we reasonably believe may be infringing our or any third party’s rights. If you believe that any User Submission or Design infringes your copyright or other intellectual property right, then you may send to us a written communication that includes the following (please consult your legal counsel to confirm these requirements with respect to copyright claims): 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 2. Identification of any copyrighted work claimed to have been infringed. 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (including URLs to access the material). 4. Information reasonably sufficient to permit us to contact you about your complaint, such as an address, telephone number, and, if available, an email address. 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law. 6.A sworn statement, affidavit (or equivalent), that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such written notice should be sent to our designated agent as follows: Intellectual Property Complaints Kemitt Email: [email protected] Please also note that, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
All content on the Website, including without limitation, the text, code, fonts, graphics, User Submission, designs and photos created by and for Kemitt, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Kemitt, subject to copyright and other intellectual property rights under Egyptian and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Kemitt or as expressly provided herein. Kemitt reserves all rights not expressly granted in and to the Website and the Content contained therein. The Kemitt Website is © 2018-, Kemitt, JSC – All Rights Reserved. No portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Kemitt. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of any portion of the Content for personal use, then you must maintain all applicable copyright and other proprietary notices. You agree not to circumvent, disable or otherwise interfere with any security related features of the Website, or with any features that prevent or restrict use or copying of any Content. All of the Kemitt trademarks are owned by Kemitt and may not be used for any purpose without the prior written permission of Kemitt. All other trademarks are owned by third parties, and may not be used for any purpose without the prior written permission of such parties.
Kemitt reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you at any time. Kemitt shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of our Website. This includes, but is not limited to, discontinuance of products and modification of prices. This Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. The information on the Website does not constitute a binding offer to sell products described on the Website. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. In the event a product is listed at an incorrect price or a promotion is incorrectly applied, we have the right to refuse or cancel orders placed, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Kemitt may, in our sole discretion and without prior notice, immediately terminate your Kemitt account and access to the Website and any other Kemitt services. Cause for such termination shall include, but not be limited to: (a) breach or violation of any of these Terms of Service, and/or other incorporated agreements or guidelines; (b) request by any law enforcement or government agency; (c) request of the account owner or its authorized agent; (d) extended period of inactivity; (e) engagement by you in fraudulent or illegal activities; and/or (f) nonpayment of any fees owed by you in connection with the Website or any other Kemitt product. Termination of your Kemitt account will include: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials, including User Submissions or Designs associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that Kemitt shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY FOR ANY PURCHASED PRODUCTS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, (B) KEMITT PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND (C) KEMITT, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF KEMITT, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT. KEMITT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. KEMITT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY WEBSITE OR OTHER PROMOTION, AND KEMITT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KEMITT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
IN NO EVENT SHALL KEMITT, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF KEMITT, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON OUR WEBSITE OR IN ANY OF OUR PRODUCTS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR VIA USE OF ANY OF OUR PRODUCTS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT KEMITT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Kemitt from its facilities in Egypt. Kemitt makes no representations that the Website is appropriate or available for use in other locations than those mentioned on the website. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. The Website may contain links to third party websites that are not owned or controlled by Kemitt. Kemitt has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Kemitt from any and all liability arising from your use of any third-party website.
You agree to defend, indemnify and hold harmless Kemitt, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Kemitt, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions or Designs caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
You affirm that (i) you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent to enter into this agreement, (ii) that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and (iii) you understand and will comply with all of these Terms of Service. Kemitt is not intended for children under 13. If you are under 13 years of age, then please do not use the Kemitt Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Kemitt without restriction.
These Terms of Service are agreed in accordance with the laws of Arab Republic of Egypt. You agree that any dispute related to our Website or other services must be brought in accordance with the dispute resolution procedures set forth below under the heading “Dispute Resolution”. We both agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service. If any provision of these Terms of Service is deemed invalid, void or for any reason unenforceable, such term will be severed and will not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Kemitt’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Kemitt reserves the right to amend these Terms of Service at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
Please report any violations of the Terms of Service, including objectionable User Submissions or behavior, to [email protected] Please state the reasons for your concern and provide a copy or a link to the User Content, Design or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Kemitt in its sole discretion may investigate the matter and take such action as Kemitt determines to be appropriate.
We provide best-in-class online tools for you to personalize and review your order before submission. We also offer proofing services for certain of our products whereby a professional designer may adjust the design for layout, sizing and spacing. Each order with proofing services is rendered as a digital proof for approval before any manufacturing begins. Because of the personalized nature of some of our products, we are unable to accept returns to customized orders. So we encourage you to take great care to ensure the accuracy of each order before ordering.
The designer retains full copyright for the piece designed for Kemitt. The customer may not distribute, reproduce, or otherwise profit from the product, beyond the resale of the original product. The customer may not edit, alter, or trace the product without the Kemitt’s express, written permission, or as agreed upon prior to the acceptance of the commission. Kemitt respects the intellectual property of others, and we ask our users to do the same. Thus, you must not submit any design that contains copyrighted material belonging to others, or any material that infringes the intellectual property right of others, without obtaining the holder’s prior written consent. Kemitt reserves the right, in its discretion, to cancel any design if we believe it may infringe any right of a third party, and/or to terminate the account of any user that we reasonably believe may be infringing our or any third party’s rights.
For an exchange or refund, you can return your products within 30 days only if there is a manufacturing defect or the products did not meet your customization requirements. The product must be in its original condition Simply return the items and please return them with proof of purchase. If the returns criteria are not met fully, we may refuse the return. This policy is in addition to your statutory rights and Kemitt commercial guarantees. Your receipt and the item’s original packaging are required for all returns and exchanges. We issue refunds through the same method of payment as the original payment (e.g. credit card purchases will be credited to the original credit card account).
Customers can leave a review within 90 days after purchase. Kemitt reserves the right to delete any review from a customer which violates these Terms of Service. Kemitt reserves the right to remove any customer reviews that are determined, in Kemitt’s sole discretion, to be offensive, abusive, or otherwise in bad faith or in violation of these Terms of Service. Designers have the opportunity to publicly respond to all reviews of their work on Kemitt. Manipulation of reviews is strictly prohibited on Kemitt. Kemitt considers review manipulation to be any actions taken by a designer to cause the creation of a positive review (or negative review to other designers) whether by creating additional user accounts or causing your friends, family or other acquaintances to provide positive reviews. Reviews must reflect the honest, unbiased opinions, findings, beliefs, or experience of the customer. Kemitt reserves the right to remove any review which it suspects has been posted as a result of such manipulation. We may consider the designer’s and/or customer’s history with Kemitt as well as the applicable specific circumstances in applying our policies and these Terms of Service. We may choose to waive policies or terms where we believe doing so benefits both designers and customers.
Kemitt grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Website in any medium without Kemitt’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you are of legal age to form a binding contract and are not a person barred by any laws from using the Website; and (v) you will otherwise comply with all terms and conditions of these Terms of Service. Kemitt reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify Kemitt of any unauthorized use of your password or account or any other breach of security that you become aware of. In order to access some features of the Website, you will have to create an account. You are not allowed to use another user’s account without their prior written consent. When creating your account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. If Kemitt suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Service, then your account may be subject to suspension or termination, and you may be barred from using the Website. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more requests to our servers than a human can reasonably produce in any period of time by using a conventional on-line web browser. Notwithstanding the foregoing, Kemitt grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.
It may be possible to access the Website via a third party social network or email service, including but not limited to Facebook. Access to the Website via a Third Party Platform may only be granted, once you explicitly allow it, through an interface provided by the Third Party Platform. Third Party Communications then may be allowed via the Third Party platform. If you access the Website via a Third Party Platform then certain activity or actions you take on the Web Site may be viewable as a “story”, “feed”, or in a “stream”, “message”, “timeline”, or “user action story” on that Third Party Platform, and thus may be searchable or viewable in other online locations also. You may be able to control or change the “stories” that can be published on the Third Party Platform by modifying your settings on that site. We have no control over and are not liable for Third Party Communications or for use of any Third Party Platform, including without limitation the “stories” or “feeds” published by Third Party Platforms. If you access the Website via a Third Party Platform then all data collected, accessed or stored from that third party, or content shared back to or used by that third party, will be collected, shared or used in compliance with the terms and policies of that Third Party Platform. As we do not have control over the user interface provided by Third Party Platforms, we do not take any responsibility for any changes or problems with the interface or exchange of information provided by any of them. We have no control over the privacy policies of Third Party Platforms. Neither do we have any control over or responsibility for the information or content collected by such websites and platforms. If you access the Web Site through a Third Party Platform then we encourage you to become familiar with the privacy policies and practices of that site or platform. By submitting User Submissions to Kemitt via a Third Party Platform, you hereby grant Kemitt a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions and Designs, including but not limited to your Third Party Platform profile information, photos, profile picture, and certain other information, in connection with the Website and Kemitt’s (and any of its successors’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works we may create) in any media now known or hereafter developed. You hereby represent, warrant and guarantee that you own the intellectual property rights, or have prior written consent to submit or post material protected by an intellectual property right of another, including but not limited to copyright, attached to any User Submission or Design, including a Third Party Platform profile photo, submitted to Kemitt via a Third Party Platform.
The interactive nature of postings on Kemitt makes it impossible for Kemitt to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Kemitt users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to Kemitt by users (all of which are referred to as "User Submissions") are not endorsed by Kemitt, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. Kemitt does not provide any confidentiality with respect to any User Submission. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the legality, accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You retain ownership rights in your User Submissions. However, by submitting User Submissions to Kemitt, you hereby grant Kemitt a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Kemitt’s (and any of its successors’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works we may create) in any media now known or hereafter developed. If you choose to post User Submissions on our Website, then we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of Kemitt reflects your respect for the legal rights of others. Kemitt expressly disclaims any and all liability in connection with User Submissions. Kemitt reserves the right to remove Content and User Submissions in its sole discretion and without prior notice.
Subject to applicable law, these Terms and Conditions are governed by the laws of the Arab Republic of Egypt, without regard to its principles of conflicts of law, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND KEMITT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED IN THE COMPETENET COURT IN THE ARAB REPUBLIC OF EGYPT A party who intends to seek litigation must first send a written notice of the dispute to the other party in accordance with the legal notice requirements under the law of the Arab Republic of Egypt (“Notice”). Kemitt’s address for Notice is: Attention: Legal; Kemitt, JSC; 9, Studio Al Ahram street, Giza, Egypt. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Kemitt may commence a litigation proceeding. During the litigation, the amount of any settlement offer made by you or Kemitt must not be disclosed to the court until after the courts make a final award, if any.