TERMS & CONDITIONS

OVERVIEW

Welcome to the KALONMOVES website.


This website is operated by Adflow Agency. Throughout the site, the terms “we”, “us” and “our” refer to Adflow Agency. Adflow Agency offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.


Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.


We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.


You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).


A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time for, any of the following reasons:


The product is not available / in stock
Your billing information is not correct or not verifiable
Your order has been suspected of fraudulent activity
We could not deliver to the address provided by yourself
Force Majeure
In the event of misspelling, pricing or other errors or mistakes in the website information


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

SECTION 3  - RIGHTS AND OWNERSHIP

KALONMOVES/ Adflow Agency does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Adflow Agency a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to our Privacy Policy.


You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.


You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms and Conditions; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms and Conditions in your jurisdiction.


The Service contains Content owned or licensed by Adflow Agency. 


You agree that Adflow Agency is not responsible for, and does not endorse nor monitor, any third party Content posted within the Service. Adflow Agency does not have any obligation to pre-screen, monitor, edit, or remove any third party Content. If your Content violates these Terms and Conditions, you may bear legal responsibility for that Content.

SECTION 4  - PAYMENTS FOR MEMBERSHIPS

All membership payments are handled through the payment system of third parties and are under their terms and conditions. All web subscriptions are handled by Stripe and are bound by these terms and conditions. 

SECTION 5  - SUBSCRIPTION INFO 

The download of KALONMOVES app is free of charge. Once users register via our website they will have to subscribe in order to get access to the app content. We offer the following auto-renewing subscriptions:


BASIC MEMBERSHIP:

€20 monthly 

€199 yearly


PREMIUM MEMBERSHIP:

€200 monthly (min. 3 months)

€1990 yearly


Other currencies are set by third parties directly. For payments made via web, conversion to your home currency will be handled by your account provider and a conversion fee may be charged for this process.


Subscribing will give you access to all listed features the app offers.


If you decide to subscribe, you agree to instantly pay the price shown upon confirmation of purchase.

Payment will be charged to the payment account linked to the card (if you are subscribing via web).

If it is not cancelled earlier on, a subscription will automatically renew within 24 hours before the end of the current subscription period.

Your account will be charged for renewal within 24 hours before the end of the current subscription period.

You have the right to manage your subscription and auto-renewal may be turned off at any point after purchase.

The amount you paid for your subscription upon purchase is non-refundable even if the subscription is terminated early.

SECTION 6 - RETURNS

This Refund and Returns Policy applies for all products purchased through the KALONMOVES checkout or via a third party payment Service.


You acknowledge that KALONMOVES provides a platform for users to purchase Products from a Seller, and that a sales contract is formed between you and a Seller only; KALONMOVES is not part of that transaction.


If you purchase a Product from the KALONMOVES checkout or the via web connected third parties checkout, you understand that:



You are not buying a Product directly from KALONMOVES, but from the Seller;
You may contact KALONMOVES directly about your purchase; and
Delivery of a Product is handled by a third party;
On all digital content you will lose your 14 day right to cancel as you can instantly see the content upon purchase.
After making a purchase, you will be sent confirmation of the sales contract between the Seller and yourself via email promptly after the conclusion of the contract. 


You acknowledge that Products purchased through the KALONMOVES website or the third party payment solution are deemed to fall within the low value off-premises contract exemption to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.


You may be requested to provide proof of purchase when requesting a refund.


If you have any questions, please email support@kalonmoves.com.

SECTION 7 - DIGITAL PRODUCTS

You acknowledge that the Seller is not obliged to provide a refund on digital Products (which includes all guides) purchased through the KALONMOVES Website.


Once a download of a digital product has started, you do not have a right to cancel the purchase and to request a refund as per Gov CH rules.


Refunds for digital products shall only be given in the following limited circumstances:



If there was a technical issue and the content was never received by the buyer.
If the transaction was not a genuine transaction (e.g. card fraud etc)
If there was a duplicate order or payment due to a technical fault. Genuine multiple orders by the same person are not eligible for a refund.

SECTION 8 - DELIVERY OF PRODUCTS

The KALONMOVES web uses Stripe and PayPal as a third party payment providers. KALONMOVES does not hold any payment details of users.


All Products purchased through the KALONMOVES web, which included also third parties are delivered via Mail or another courier. All deliver information is listed on the website prior to purchase and a customer’s delivery information is listed in the confirmation email.


When your item is dispatched you will receive an email with information on how long the delivery will take and what service was used. If the delivery was tracked a tracking number and link will also be provided.


You also may receive a text message once your order is dispatched however this is dependent on you adding your phone number when completing your order and if your mobile carrier supports our service.


All delivery of products is handled by a third party company.

SECTION 9 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.


We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 10 -PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.


We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

SECTION 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 12 - DISLCAIMER

The KALONMOVES App makes no warranties or representations, express or implied, as to the currency, accuracy, completeness, reliability or suitability of the information contained or referenced in this app. The information is subject to professional differences of opinion, human error in preparing this information. The KALONMOVES Plans is not liable for any loss resulting from any action taken or reliance made by you on any of the information or material contained in the ebook/guide or app. If you use, or otherwise rely on, any of the information in the app you are responsible for ensuring, by independent verification, its currency, accuracy, completeness, reliability and relevance to your own personal and individual circumstances. 

SECTION 13 - REFUND POLICY

As KALONMOVES is a digital product, as soon as you subscribe you have access to all the content available on the app. Therefore, you hereby acknowledge that your purchase cannot be cancelled and that the Seller is not obliged to provide you with a refund.



Refunds for the Product shall only be given under exceptional circumstances:


If there is a technical issue that the Seller is responsible for, which has prevented you from ever accessing the Product.

If a duplicate subscription payment is made due to a technical fault. Genuine multiple orders by the same person are not eligible for a refund.

If your subscription payment was not a genuine transaction (e.g. card fraud etc).



Change of Mind & Early Termination:


Even if you made an accidental purchase, changed your mind, or realised that there are legitimate reasons why the Product is not suitable for you, we will not be able to refund you. Terminating your subscription early does not give you the right to a refund of any unused portion of your subscription, even if you stop accessing the app before the date when your subscription was set to expire.



Technical Issues:


The Product may be likely to present technical issues which relate to your device and operating software, or other applications you have installed which can interfere with the Product’s performance. Issues of this nature are not necessarily the result of an oversight during the Product’s development and may therefore often be out of the Seller’s control. Nonetheless, the Seller should always strive to rectify these issues in a timely manner to ensure the Product’s optimum performance for all customers. If the Seller is actively trying to resolve these technical issues, and these issues are not detrimental to the overall usage of the Product, experiencing them will not constitute grounds for a refund.

SECTION 14 - INTELLECTUAL PROPERTY RIGHTS

The website and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Adflow Agency, its licensors, or other providers of such material and are protected by Switzerland and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.


These Terms grant you a personal, non-exclusive, non-transferable, revocable license to access and use the website. You may access the material only for your own personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as incidental to normal web browsing, such as the making of temporary copies in RAM or the cache of your Internet browser, and for features of the website that enable sharing via e-mail, social media, linking, and other platforms expressly enabled by our website.


Any use of the Sites not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

SECTION 15 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Our Privacy Policy can be found here. Our Privacy Policy supplements these terms and conditions and by using our website, you will be deemed to have read and accepted our Privacy Policy.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which form part of our Terms and Conditions.

SECTION 16 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


You may use our site only for lawful purposes. You may not use our site:


In any way that breaches any applicable local, national or international law or regulation.

In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

For the purpose of harming or attempting to harm minors in any way.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.


You also agree:


Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our General Terms of Use.

Not to access without authority, interfere with, damage or disrupt:


Any part of our site;
Any equipment or network on which our site is stored;
Any software used in the provision of our site; or
Any equipment or network or software owned or used by any third party.


Not to abuse our staff through emails and social media. Any form of abuse will result in your account being blocked.

SECTION 17 - SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.


Failure to comply with this acceptable use policy constitutes a material breach of our Terms and Conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:


Immediate, temporary or permanent withdrawal of your right to use our site.

Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

SECTION 18 - CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Team at support@kalonmoves.com 

REMARKABLE REALITIES

© KALONMOVES 2023