AGREEMENT TO TERMS

Greetings and welcome to Kurato! By accessing and using the https://www.kurato.co.uk website, as well as any other media form, mobile website or mobile application related to Kurato, you are entering into a legally binding agreement with Kurato Ltd ("Kurato", "we", "our", or "us"). This agreement consists of the following Terms and Conditions ("Terms"). Whether you are acting on behalf of an entity or yourself, you agree to be bound by these Terms in their entirety.

If you disagree with any part of these Terms, please do not use our website. Thank you for understanding, and we hope you enjoy your experience with Kurato.

Kurato reserves the right to modify, amend or update these Terms at any time and without notice. Any changes to these Terms will be posted on our website, and your continued use of Kurato constitutes acceptance of those changes. It is your responsibility to review these Terms regularly.

If you violate any of these Terms, your access to Kurato may be terminated or suspended, and we reserve the right to remove any content posted by you.

2. INTELLECTUAL PROPERTY

Kurato and its content are protected by intellectual property laws and international treaties. All rights not expressly granted in these Terms are reserved. All trademarks, logos, and service marks displayed on Kurato are the property of their respective owners.

As a user of Kurato, you agree not to copy, distribute, modify or make derivative works of any content or materials on Kurato without our prior written consent. You also agree not to use any trademarks, logos, or service marks without our prior written consent.

3. USER REPRESENTATIONS

As a user of Kurato, you hereby represent and warrant that:

  • You are at least 18 years old and have the legal capacity to enter into these Terms.
  • You will comply with these Terms as well as all applicable laws and regulations.
  • You will not use Kurato for any illegal or unauthorized purpose.
  • You will not transmit any viruses, malware, or other harmful code through Kurato.
  • You will not engage in any activity that interferes with or disrupts Kurato, its servers, or networks.
  • You will not pretend to be someone or something you're not, or misrepresent your affiliation with any person or entity.
  • You will not engage in any fraudulent or deceptive activity while using Kurato.
  • You will not use Kurato to collect or solicit personal information from other users.

If you violate any of these representations, Kurato may terminate or suspend your access, and we reserve the right to remove any content you posted on the platform.

4. USER REGISTRATION

In order to use certain features of the Website, you may be required to register for an account. You agree to provide true, accurate, current and complete information as prompted by the registration form, and to maintain and promptly update the information you provide to keep it true, accurate, current and complete.

You are solely responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify Kurato of any unauthorized use of your account.

Kurato reserves the right to refuse registration of, or cancel, an account in its sole discretion.

5. MARKETPLACE OFFERINGS

Kurato provides a platform for sellers to offer their products and services for sale to customers. Kurato does not directly sell any products or services on the Website.

Sellers are responsible for ensuring the accuracy and completeness of their product listings, and for providing accurate and up-to-date information about their products and services, including pricing, availability, and shipping options.

Kurato does not warrant that product descriptions or other content on the Website are accurate, complete, reliable, current, or error-free.

Kurato reserves the right to modify or discontinue any product or service offered on the Website at any time without notice.

6. PURCHASES AND PAYMENT

When you make a purchase on the Website, you agree to pay the price listed for the product or service you are purchasing, as well as any applicable taxes and shipping fees. Payment is due at the time of purchase.

Kurato uses third-party payment processors to process payments. Kurato does not store or process any credit card information on its servers.

Kurato reserves 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.

7. RETURN/REFUNDS POLICY

Kurato aims to provide a high-quality marketplace for both customers and sellers. We understand that sometimes, a product may not meet the customer's expectations. In the event that you are not satisfied with your purchase, our return/refund policy is as follows:

  • If you receive a damaged or defective product, please contact the seller directly within 7 days of receiving the product to request a return or refund.
  • If the product is eligible for return or refund, the seller will provide instructions on how to return the product.
  • Once the seller receives the returned product, they will inspect it and issue a refund or exchange the product (depending on availability) within 7 business days.
  • In cases where the seller is unable to provide a satisfactory resolution, please contact Kurato's support team for assistance support@kurato.co.uk.

Please note that some products may not be eligible for returns or refunds due to their unique nature or customizations. In such cases, the seller will provide this information in the product description.

You also Agree to the policies listed in the refund and returns policy listed here https://kurato.co.uk/refund-returns-policy/. Kurato reserves the right to modify, amend or update these Terms at any time and without notice. Any changes to these Terms will be posted on our website, and your continued use of Kurato constitutes acceptance of those changes. It is your responsibility to review these Terms regularly.

8. PROHIBITED ACTIVITIES

You are not allowed to use the Site or its Content for any illegal purpose or to encourage others to engage in illegal activities. You are also prohibited from attempting to breach the security of the Site, including, but not limited to, engaging in the following activities:

  • Accessing data that is not intended for you or logging into a server or account that you are not authorized to access;
  • Attempting to exploit the vulnerability of a system or network, or trying to breach security or authentication measures without proper authorization;
  • Attempting to interfere with the service of any user, host, or network, including, but not limited to, submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing;"
  • Using the Site to send unsolicited emails, including promotions or advertisements for products or services;
  • Falsifying any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
  • Using or trying to use any engine, software, tool, agent, or other device or mechanism (including, but not limited to, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents available from the Site and other than generally available third-party web browsers (such as Google Chrome, Mozilla Firefox, Safari, or Microsoft Edge);
  • Reverse engineering, decompiling or disassembling any software or other products or processes accessible through the Site;
  • Interfering with or disrupting the Site, servers, or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site;
  • Intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner.

We reserve the right to terminate your use of the Site for violating any of the prohibited activities listed above, or for any other reason we deem necessary in our sole discretion.

9. USER GENERATED CONTRIBUTIONS

The Site may allow you to contribute to or participate in various functions, including blogs, message boards, online forums, and other features, where you may create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to the Company or the Site (collectively referred to as "Contributions"). Your Contributions may be visible to other users of the Site and third-party websites. By making any Contributions, you represent and warrant that:

  1. Your Contributions do not and will not violate any third party's proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
  2. You own or have obtained the necessary licenses, rights, consents, releases, and permissions to use and to authorize the Company, the Site, and other users of the Site to use your Contributions as set forth in the Site and these Terms of Use.
  3. You have the written consent, release, and/or permission of each identifiable individual in your Contributions to use the name or likeness of each such identifiable individual person.
  4. Your Contributions are truthful, accurate, and not misleading.
  5. Your Contributions are not unauthorized or unsolicited advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not incite, encourage, or threaten physical harm against another or advocate the violent overthrow of any government.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not solicit personal information from anyone under the age of 18 or exploit minors in a sexual or violent manner.
  12. Your Contributions do not violate any law concerning child pornography or otherwise intended to protect the health or well-being of minors.
  13. Your Contributions do not contain any offensive comments regarding race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not link to material that violates any provision of these Terms of Use or any applicable law or regulation.

If you violate any of the above rules, it may result in termination or suspension of your rights to use the Site.

10. CONTRIBUTION LICENSE

When you post your Contributions to our Site, you are granting Kurato a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit your Contributions in any way that we see fit. This includes using your Contributions on the Site, in connection with Kurato's business, and on third-party sites and services. We do not need to provide further notice or seek additional consent from you, and we do not have to pay you or anyone else for the use of your Contributions.

By posting your Contributions, you are representing and warranting that they are your original work and that they do not infringe upon the intellectual property rights of any third party. This means that you are confirming that your Contributions are not plagiarized or copied from another source, and that you have the necessary rights and permissions to use and authorize us to use your Contributions. You also waive all moral rights that may be available to you in any part of the world, meaning that you will not assert any rights to control how your Contributions are used, and that you confirm that no such rights have been asserted.

Intellectual property rights are taken seriously at Kurato, and we respect the creative ownership of our users. The license granted is solely for the purpose of showcasing and promoting your Contributions within the context of our platform. We do not claim ownership of your intellectual property, and this license is revocable at your discretion.

If you believe your intellectual property rights have been infringed upon on our Site, please contact us promptly for investigation and appropriate action.

11. GUIDELINES FOR REVIEWS

Kurato provides a platform for users to submit reviews and ratings of sellers or products on the Site. As a user of this feature, you agree to follow the guidelines below:

  • All reviews and ratings you post should be accurate, truthful, and based on your own personal experiences with the seller or product.
  • You must not post reviews or ratings that are misleading, false, defamatory, or abusive.
  • You must not post reviews or ratings that violate the intellectual property rights, privacy, or any other rights of any third party.

Please note that Kurato may remove any reviews or ratings that violate these guidelines or for any other reason deemed necessary at Kurato's sole discretion. It is important to ensure that any reviews or ratings you submit comply with these guidelines to maintain the integrity of the review system on our Site.

12. SOCIAL MEDIA

To enhance your experience on our Site, we may offer features that allow you to interact with social media sites such as Facebook, Twitter, Pinterest, and Instagram. These features enable you to share your contributions or other content from our Site with your friends or followers on these social media platforms.

Please note that by using these features, you acknowledge and agree that Kurato is not responsible for any content or materials that may be posted on these social media sites. Additionally, you acknowledge and agree that your use of these features is subject to the terms and conditions of the relevant social media site, and Kurato cannot be held responsible for any loss or damage you may incur as a result of using these features.

We encourage you to review the terms and policies of any social media site you interact with to understand how they collect, use, and share your information. Kurato will not collect or store any personal information from your interactions with these social media features unless you expressly authorize us to do so.

13. SUBMISSIONS

At Kurato, we value your feedback and suggestions about our Site. We are always looking for ways to improve our services and provide the best possible user experience. By submitting any feedback or suggestions to us, you agree that Kurato may use and share (but is not obligated to use or publish) such feedback or suggestions for any purpose without compensation to you. We appreciate your contribution and look forward to hearing from you.

14. THIRD-PARTY WEBSITES AND CONTENT

Our Site may contain links to Third-Party Websites and Third-Party Content, such as articles, photographs, text, graphics, pictures, designs, sound, video, information, applications, software, and other content or items belonging to or originating from third parties. While we strive to ensure the accuracy, appropriateness, completeness, and compliance of the content on our Site, we do not investigate, monitor or check the Third-Party Websites or Third-Party Content for accuracy, appropriateness, completeness or compliance with any applicable laws or regulations.

We want to make it clear that Kurato is not responsible for the content, products, or services available on Third-Party Websites or Third-Party Content. The inclusion of any link to a Third-Party Website or Third-Party Content on our Site does not imply endorsement by Kurato or any association with its operators. Therefore, you access Third-Party Websites and Third-Party Content at your own risk and subject to the terms and conditions of use for such Third-Party Websites and Third-Party Content.

We recommend that you review the terms and conditions and privacy policies of any Third-Party Websites you visit or Third-Party Content you access. Please note that Kurato is not responsible for any loss or damage that may be incurred by you as a result of your use of Third-Party Websites or Third-Party Content. We urge you to exercise caution and use your best judgment when accessing Third-Party Websites or Third-Party Content.

15. SITE MANAGEMENT

We want to ensure the proper functioning of our Site and protect our rights and property, so we reserve the right to manage the Site in a manner that accomplishes these goals. This may include actions such as:

  • Monitoring the Site to identify violations of these Terms of Use, and taking appropriate legal action against violators, including reporting them to law enforcement authorities.
  • Removing or disabling any of your Contributions, or any portion thereof, that we determine in our sole discretion to violate these Terms of Use or to be otherwise objectionable.
  • Removing or disabling all files and content that are excessive in size or are in any way burdensome to our systems, in our sole discretion and without notice or liability.
  • Providing notice to you of any modifications, suspensions, or discontinuances of the Site or any part thereof, as we see fit, in our sole discretion.
  • Changing, modifying, or removing the contents of the Site at any time or for any reason at our sole discretion, without any obligation to update the information on the Site.

We strive to maintain the security and stability of the Site, but we cannot guarantee that it will always be free from bugs, errors, or viruses. It is your responsibility as a user to ensure that your computer programs and platform are properly configured to access the Site, and to use your own virus protection software. We will not be held liable for any damage or loss resulting from any modification, suspension, or discontinuance of the Site or any part thereof, whether to you or any third party.

16. PRIVACY POLICY

At Kurato, we value and respect your privacy. To better understand how we collect, use, and share your information, please review our Privacy Policy. By accessing or using our Website, you acknowledge that you have read and agreed to our Privacy Policy and the Terms of Use.

17. COPYRIGHT INFRINGEMENTS

Kurato recognizes the importance of respecting the intellectual property rights of others and expects users of its Website to do the same. We are committed to protecting and enforcing the copyrights of others, and we take allegations of copyright infringement seriously. If you believe that any material available on or through our Website infringes upon any copyright that you own or control, we encourage you to promptly notify us using the contact information provided below. We will investigate and take appropriate action, including removing or disabling access to the material, if necessary, in accordance with applicable laws.

Please note that under applicable law, you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting a legal professional for guidance. We strive to maintain a balance between the rights of copyright holders and the interests of the public in accessing information. Therefore, we may, in appropriate circumstances and in our sole discretion, refuse to remove or disable access to material that we believe may not infringe copyright, or where the allegedly infringing use is authorized by law, such as fair use.

Upon receiving a valid notification, we will promptly provide the person who posted or stored the material with a copy of your notification and inform them that we will remove or disable access to the material if they do not dispute the claim. We may also terminate the account of any user who repeatedly infringes copyrights. We reserve the right to remove or disable access to any content or materials, at any time and without notice, that we believe, in our sole discretion, may infringe another's copyright or other intellectual property rights or that violates our Terms of Use or any applicable law.

We are committed to protecting the intellectual property rights of all parties and to fostering an environment of respect for those rights. Our copyright infringement policy is intended to ensure compliance with applicable laws and to promote the fair use of copyrighted materials. By promptly addressing allegations of copyright infringement and taking appropriate action, we strive to maintain the integrity of our Website and to protect the interests of all parties.

18. TERM AND TERMINATION

These Terms of Use govern your use of the Website and shall remain in effect while you access and use the Website. We take our commitment to ensuring a safe and secure environment for all users seriously. Therefore, we reserve the right to deny access to and use of the Website to any person for any reason or for no reason at all, in our sole discretion, without notice or liability.

If we terminate or suspend your account, you are strictly prohibited from creating another account, either under your own name, a borrowed name, or the name of a third party. This applies even if you are acting on behalf of the third party. Furthermore, in addition to terminating or suspending your account, we reserve the right to pursue legal action against you, including seeking civil, criminal, and injunctive remedies.

We reserve the right to terminate your use or participation in the Website, or delete your account and any content or information that you have posted at any time, without warning or prior notice, in our sole discretion. This right is reserved to us, even if you have not breached any of the representations, warranties, or covenants contained in these Terms of Use or any applicable law or regulation. We may take these actions if we deem them necessary to protect our rights, interests, or property, or to ensure compliance with these Terms of Use or any applicable law or regulation.

In conclusion, please be aware that we may exercise our right to deny access to and use of the Website, and to terminate or suspend accounts, at any time, without notice or liability. Additionally, we may pursue legal action, including civil, criminal, and injunctive remedies, against anyone who violates these Terms of Use or applicable laws or regulations. We ask that you respect these guidelines and use the Website in a lawful and appropriate manner.

19. MODIFICATIONS AND INTERRUPTIONS

Section 19 of the Terms of Use outlines the policy regarding modifications and interruptions of the Website. As a user of the Website, it is important to understand the terms and conditions outlined in this section. We reserve the right to change, modify or remove any content on the Website at any time, without prior notice or liability. This means that we can modify or discontinue all or part of the Website without notice to you. While we are under no obligation to update any information on the Website, we will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuances of the Website.

It is important to note that we cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, which may result in interruptions, delays or errors. Therefore, we reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason, without prior notice to you. You agree that we will have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website.

Please be aware that nothing in these Terms of Use will obligate us to maintain and support the Website or to provide any corrections, updates, or releases in connection with the Website. We will make every effort to ensure that the Website is up-to-date and functioning properly, but we cannot guarantee that there will not be any interruptions or delays. It is important to understand that we reserve the right to modify or discontinue any part of the Website at any time and for any reason, without prior notice to you. Therefore, it is your responsibility as a user of the Website to check these Terms of Use regularly for any updates or changes.

20. GOVERNING LAW

We want to make it clear to all users that the laws of Scotland will govern these Terms of Use and your use of our Website. This means that any dispute or legal issue arising from or related to your use of our Website will be subject to the laws of Scotland. It is important to note that this choice of governing law means that any choice or conflict of law provision or rule will not apply.

We believe that this choice of governing law is fair and reasonable, as our Website is based in Scotland and we want to ensure that we are in compliance with all applicable laws and regulations in that jurisdiction. By using our Website, you agree to be bound by these Terms of Use and to abide by the laws of Scotland.

We also want to note that any legal action or proceeding arising from or related to your use of our Website must be brought exclusively in the courts of Scotland. By using our Website, you consent to the jurisdiction of those courts and waive any objection to such jurisdiction.

We take our legal obligations seriously and want to ensure that all users of our Website are aware of the governing law and jurisdiction. If you have any questions or concerns about these Terms of Use, please do not hesitate to contact us using the information provided on our Website.

21. DISPUTE RESOLUTION

Any dispute, controversy, or claim arising out of or relating to these Terms of Use or the use of the Kurato website shall be resolved through good faith negotiation between the parties. If the parties cannot reach a mutually agreeable resolution through negotiation, then any such dispute, controversy, or claim shall be submitted to mediation before resorting to arbitration or court action.

The mediation shall be conducted in accordance with the rules of the Scottish Mediation Network, or any other organization mutually agreed upon by the parties. The parties shall bear the cost of the mediation equally. The parties agree to participate in good faith in the mediation process and to provide any and all information that may be necessary or relevant to resolving the dispute.

If the parties are unable to resolve their dispute through mediation, then any such dispute, controversy, or claim shall be resolved by arbitration under the Arbitration (Scotland) Act 2010, or any subsequent amendment or replacement thereof. The arbitration shall be conducted in accordance with the rules of the Scottish Arbitration Centre, or any other organization mutually agreed upon by the parties. The decision of the arbitrator shall be final and binding upon the parties, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

22. CORRECTIONS

There may be information on the Kurato website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Kurato website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Kurato website, except as required by law. No specified update or refresh date applied on the Kurato website should be taken to indicate that all information on the Kurato website has been modified or updated.

23. DISCLAIMER

Kurato provides the Website on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. Your use of this site is entirely at your own risk.

To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or email sent from the Kurato Website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

We make no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any information provided on or through the Website. We make no representations or warranties that the Website or its servers are free from viruses, bugs, or other harmful components.

You acknowledge that you have been advised to take all necessary precautions to protect your computer and software from viruses, worms, Trojan horses, and other harmful or destructive content. We do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.

It is your responsibility to implement sufficient safeguards and procedures to ensure that any files obtained through the use of the Website are free from such viruses or other harmful content. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

24. LIMITATIONS OF LIABILITY

We want to make it clear that Kurato and its directors, employees, or agents shall not be liable for any damages that you or any third party may suffer as a result of your use of the Site or the Marketplace Offerings. This includes, but is not limited to, any direct, indirect, consequential, incidental, special, or punitive damages that may arise. Even if we have been advised of the possibility of such damages, we will not be responsible for them.

We understand that there may be instances where the Site or the Marketplace Offerings may not meet your expectations or may cause some inconvenience or harm. However, we want to emphasize that we make no guarantees or warranties of any kind, whether express or implied, regarding the operation of the Site or the information, content, materials, or products included on it.

By using the Site or the Marketplace Offerings, you agree to assume all risks associated with your use of the Site or the Marketplace Offerings. Kurato shall not be responsible for any viruses or harmful components that may infect your computer or other devices as a result of using the Site or the Marketplace Offerings.

We hope that you will find the Site and the Marketplace Offerings to be helpful and useful. However, in the event that you experience any issues or problems, we encourage you to reach out to us so that we can assist you in resolving them.

25. INDEMNIFICATION

As a user of the Kurato website, you agree to indemnify and hold harmless Kurato and its directors, officers, employees, and agents from any and all claims, liabilities, damages, losses, and expenses that may arise in connection with your use of the Site or any Marketplace Offerings. This includes any claims related to your User Generated Contributions, your violation of these Terms of Use, or your infringement of any third party rights.

By agreeing to these Terms of Use, you acknowledge that Kurato will not be responsible for any losses or damages that you may incur as a result of your use of the Site or any Marketplace Offerings. In the event that you are found to be in violation of these Terms of Use or any applicable laws, you agree to reimburse Kurato for any expenses or damages that may be incurred as a result. This includes reasonable legal fees and costs that may be necessary to defend against any claims or actions brought against Kurato as a result of your actions.

It is important to note that this indemnification provision is intended to protect Kurato and its directors, officers, employees, and agents from any and all claims, liabilities, damages, losses, and expenses that may arise as a result of your use of the Site or any Marketplace Offerings. By using the Site, you agree to be bound by these Terms of Use and to take responsibility for any actions that may result in harm or damage to Kurato or any third party.

26. USER DATA

Kurato will keep track of certain data that you send to the Site to ensure the Site and the Marketplace Offerings are running smoothly, as well as to monitor Site usage. Although Kurato regularly backs up data, you are responsible for any data you send or any activity you undertake using the Site or the Marketplace Offerings. You agree that Kurato is not liable to you for any loss or corruption of your data, and you give up any right to sue Kurato for such loss or corruption.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

When you visit the Site, send emails, or fill out online forms, you are engaging in electronic communications. By using the Site, you consent to receive electronic communications and agree that any agreements, notices, disclosures, and other communications we provide to you via email or on the Site satisfy any legal requirement that such communication be in writing. You also agree to the use of electronic signatures, contracts, orders, and other records, and to receive notices, policies, and records of transactions electronically, whether initiated or completed by us or via the Site. You agree to waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or payments, or the granting of credits by any means other than electronic means.

28. CALIFORNIA USERS AND RESIDENTS

If you have any complaints about Kurato that have not been satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. This can be done in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by calling (800) 952-5210 or (916) 445-1254.

This information is provided to you as a courtesy, and we encourage you to first try to resolve any complaints with Kurato directly. However, if you are not satisfied with the outcome, you have the option to escalate the matter to the relevant authorities. Please note that the above contact information is specific to California residents and may not apply to residents of other states or countries. It is your responsibility to check with your local consumer protection agency for information on how to file a complaint in your jurisdiction.

29. SELLERS' ACCEPTANCE OF ADDITIONAL TERMS

By creating a seller account on Kurato, you acknowledge and agree that, in addition to these main terms and conditions, you are also bound by the separate 'Seller Terms and Conditions,' which can be found at the following link: seller terms and conditions. When signing up as a seller, you explicitly agree to both the terms and conditions in this document and the Seller Terms and Conditions, which you will be asked to confirm when signing up as a seller. The Seller Terms and Conditions outline specific terms applicable to sellers, including but not limited to responsibilities, obligations, and additional policies governing your participation as a seller on Kurato. It is your responsibility to carefully review and comply with both these main terms and conditions and the Seller Terms and Conditions. In the event of any conflict between the main terms and conditions and the Seller Terms and Conditions, the provisions of the Seller Terms and Conditions shall prevail concerning matters specifically related to your role as a seller.

30. MISCELLANEOUS

This section outlines miscellaneous terms related to the Terms of Use agreement. The agreement and any policies or rules posted on the Site represent the entire agreement between you and us. If we fail to enforce any provision of the agreement, it does not constitute a waiver of that right or provision. These Terms of Use are valid to the extent permitted by law. We reserve the right to assign any or all of our rights and obligations to others at any time.

We are not responsible for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, that provision is severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

Your use of the Site does not create a joint venture, partnership, employment, or agency relationship between you and us. You acknowledge that these Terms of Use were drafted by us and agree that they will not be construed against us.

Finally, you waive any and all defenses based on the electronic form of these Terms of Use and the lack of signing by the parties to execute these Terms of Use.

31. CONTACT US

If you have any complaints or issues regarding the use of the Site or if you need further information, you can contact us at the following email address: enquiries@kurato.co.uk

We will make reasonable efforts to promptly address your concerns

Kurato

These Terms of Use were last updated on December 15th, 2023.