The KT Merry websites are operated by KT Merry Inc. and/or its subsidiaries and affiliates (collectively, “KTM”). The use of KTM's website and/or its mobile applications ("Site") indicates your unconditional acceptance of these terms and conditions ("Terms and Conditions"). We reserve the right, in our sole discretion, to update or revise these Terms and Conditions. Your continued use of the site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. The Terms and Conditions govern the use of the Site as well as the purchase of any products or services available through the Site. If you do not wish to be bound by these Terms and Conditions, please do not use the Site.
The terms “we,” “us” and “our” refer to KTM.
Headings are for convenience only and shall be ignored in interpreting these Terms and Conditions.
LICENSE AND ACCESS
We grant you a limited, revocable license to access and make personal use of the Site. Any use of the Site or its content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein. Moreover, you are not permitted to:
Reproduce, duplicate, copy, sell or otherwise exploit the Site or any image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, copyright or other content ("Site Content") for any purpose, except as expressly provided; Use a robot, spider or data mining or extraction tool or any other process to monitor, extract or copy Site Content (except in the operation or use of internet "search engines," hit counters or similar technology which KTM has expressly agreed to, in writing);
Use any meta tags, search terms, key terms, or the like that contain the Site's name or trademarks used on the Site;
Engage in any activity that interferes with the Site or another user’s information or use of the website;
Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the products and services offered on the Site; or
Assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions.
You acknowledge that:
The content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of KTM and are protected by copyrights, trademarks, service marks or other proprietary rights and laws.
If you give feedback to us regarding the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you.
We reserve all rights in and to the Site unless we expressly state otherwise.
You confirm that:
You are eighteen (18) years of age or older.
We reserve the right to refuse service, terminate your right to access or use the Site, remove or edit content, or cancel orders in our sole discretion.
You represent that all of the information, data and other materials you provide on the Site or to KTM through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
We may obtain personal information about you from various sources, including this and other KTM websites, mobile applications, when you call or email us or communicate with us through social media. We also may obtain information about you from our parent, affiliate or subsidiary companies, business partners and other third parties. The types of personal information we may obtain include:
Your contact information (such as name, Twitter handle, postal and email address, or phone number); Contact information of friends or other people you would like us to contact;
Payment details (including payment card number, security code, expiration date, cardholder name and billing address);
Shipping information (including the shipping address and phone number);
Demographic information (such as age, date of birth and gender);
Information you provide by interacting with us through social media, including, but limited to photographs;
Location information, such as the real-time geographic location of the device on which you install our mobile applications;
Shopping behavior and preferences, and a record of the purchases you make on our websites;
Other details that you may submit to us or that may be included in the information provided to us by third parties.
The Site may contain links to other websites or resources that are operated by third parties not affiliated with KTM. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and policies may apply to your use of any linked sites or resources. KTM is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
You will indemnify and hold harmless KTM from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by KTM and such parties, and shall defend KTM and such parties against any and all claims arising out of (1) your breach of these Terms and Conditions; (2) your breach of the Terms and Conditions; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. KTM will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of KTM.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, OR REQUIRED BY APPLICABLE LAW, KTM MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF KTM MEMBERSHIP, ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH KTM SITES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. KTM DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
SOME OF THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED BY INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF KTM. KTM IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER KTM NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY TERMINATION OR CANCELLATION OF YOUR RIGHT TO ACCESS OR USE THIS SITE; (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THIS SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF KTM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER KTM NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH KTM IS TO DISCONTINUE YOUR USE OF THE SITE.