Terms of Use Last Modified [3.19.21 ]
Accepting These Terms
This document and the other documents that we reference below make up our Terms of Use ( “Terms”). The Terms are a legally binding contract between you and Katika.
This contract sets out the rights and responsibilities of Katika shop owners (“Sellers”) and Katika purchasers (“Buyers”), (together “Users”), when using ShopKatika.com (“the Site”), our mobile app (“the App”), and the other services provided by Katika (Site, App and services collectively “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you should not use our Services.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. Katika will notify Users of updates to these Terms, through a pop-up on the website or via email for account holders. However, you should check this page from time to time so you are aware of any changes, as they are binding on you. The date of last modification can be found at the top of the Terms.
Privacy
We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.
For Sellers. Sellers are responsible for Buyers’ personal information they process. For example, if a Seller accidentally discloses the personal information, such as name and email address, of a Buyer when fulfilling a Buyer’s order, the Seller, not Katika, will be responsible for that unauthorized disclosure.
If, however, Katika and Sellers are found to be joint data controllers of Buyers’ personal information, and if Katika is sued, fined, or otherwise incurs expenses because of something that a Seller did as a joint data controller of a Buyer’s personal information, Seller agrees to indemnify Katika for the expenses it occurs in connection with Seller’s processing of Buyer personal information. See below for more information about Seller’s indemnification obligations to Katika.
Your Account
You’ll need to create either a Buyer or Seller account with Katika to use some of our Services. Here are a few rules about accounts with Katika:
A. You must be 16 or older to use our Services and 21 to purchase alcohol. Otherwise, if you are between the ages of 13 and 16, you may only use our Services under the supervision of a parent or legal guardian who manages your account. Children under 13 are not permitted to use the Services.
B. Provide accurate information. Provide accurate information about yourself when creating your Katika account. Users may not use false information or impersonate another person or company through their account.
C. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are not transferable.
D. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
E. Relationship with Katika. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Katika.
F. Costs and fees. When you checkout in the Site or App you are paying each shop owner for their product and the shipping for that item. Katika does not take any inventory of products. You are also paying a transaction fee of 3%+.25. Lastly a 2%+.05 charge is added to the checkout as an administrative fee. The transaction fee and administrative fee are combined and called the Processing Fee.
Your Content
The Services contain personalized Seller pages and other interactive features that allow Users to post, submit, publish, display, or transmit to other Users or other persons content or materials (collectively, "User Contributions") on or through the Services. Katika does not make any claim to User Contributions. This includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, etc.).
All User Contributions are subject to warranties as set out below in this section.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of User Contributions to provide the Services and to promote Katika, your Katika shop, or the Services in general, in any formats and through any channels, including across any Katika Services or third-party website or advertising medium.
You represent and warrant that your User Contributions are in conformity with the following:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Katika, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Katika does not have the right nor the ability to control User Contributions to the Services, beyond removing infringing posts when made aware of their existence. Katika is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by any User of the Services.
Katika has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us at [EMAIL ADDRESS]. If User Contributions infringe your intellectual property, we will remove it and notify you if you send us proper notice.
Your Use
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the warranties set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate Katika, a Katika employee, another User, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Katika or Users of the Services, or expose them to liability.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Site or App are stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
Termination
Termination By You.
You may terminate your account with Katika at any time from your account settings. Terminating your account will not affect the availability of some User Contributions that you posted through the Services prior to termination. You will still have an obligation to pay any outstanding bills.
Termination By Katika.
We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our Site or App. Katika also retains the right to remove any User Contributions for any or no reason, in our sole discretion. Katika may refuse service to anyone, at any time, for any reason.
If you or Katika terminate your account, you may lose any information associated with your account, including User Contributions.
We May Discontinue the Services.
Katika reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Warranties and Limitation of Liability
Items You Purchase.
For Buyers. You understand that Katika does not manufacture, store, or inspect any of the items sold through our Services. We provide the Sellers; the items in our marketplaces are produced, listed, and sold directly by independent Sellers, so Katika cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item purchased through the Services must be brought directly against the Seller of the item. You release Katika from any claims related to items sold through our Services, including for defective items, misrepresentations by Sellers, or items that caused physical injury (like product liability claims).
Content You Access.
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by Users through the Services. Katika is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by Users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With.
You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen Users of our Services, and you release us from all liability relating to your interactions with other Users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you disclose confidential information to them or you are meeting them in person.
Third-Party Services.
Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). You will need to use the third-party Stripe’s services to complete the payment portion of a transaction on the Katika Marketplace. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Katika is not a party to those agreements; they are solely between you and the third party.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KATIKA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SITE OR APP INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
Indemnification
If Katika gets sued because of your actions, you will defend and indemnify Katika. This includes defending Katika (including any of our employees) and holding Katika harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Intellectual Property
The Services and all their 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 Katika, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services only for their express purpose, as laid out in these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material of our Services, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end User license agreement for such applications.
You must not:
Modify copies of any materials from this Site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
Repost, or use without proper attribution, any of the original content posted on the Katika blog.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site, the App or any content thereon is transferred to you, and all rights not expressly granted are reserved by Katika. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademark
The Katika name, the Katika logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Katika or its affiliates or licensors. You must not use such marks without the prior written permission of Katika. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Dispute Resolution
With Other Users
If you find yourself in a dispute with another User of Katika’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Case System. Buyers and Sellers who are unable to resolve a dispute related to a transaction on our Site or App may participate in our case system. Katika will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Katika has no obligation to resolve any disputes.
Release of Katika. You release Katika from any claims, demands, and damages arising out of disputes with other Users or parties.
With Katika
If you have a dispute with Katika, you are encouraged to bring any issues to Katika’s attention for amicable resolution. If an amicable resolution cannot be reached, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B. Arbitration. You and Katika agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis--class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Katika are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000, Katika will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
D. Forum. Katika is based in Philadelphia, Pennsylvania, so any legal action against Katika related to our Services must be filed and take place in Philadelphia. That means the seat of any arbitration shall be Philadelphia. For any actions not subject to arbitration, you and Katika agree to submit to the personal jurisdiction of a state court located in Philadelphia County, Pennsylvania or the United States District Court in Philadelphia.
E. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the Commonwealth of Pennsylvania.
F. Modifications. If we make any changes to this “Disputes with Katika” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Katika prior to the date the changes became effective. If you do not agree to the modified terms, you may send Katika a written notification (including email) or close your account within 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Katika in accordance with the provisions of this “Disputes with Katika” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
Stripe
Payment processing services for Sellers on ShopKatika.com are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a Seller on ShopKatika.com, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of ShopKatika.com enabling payment processing services through Stripe, you agree to provide ShopKatika.com accurate and complete information about you and your business, and you authorize ShopKatika.com to share it and transaction information related to your use of the payment processing services provided by Stripe.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Katika regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Katika regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
Contact Information
If you have any questions about the Terms, please email us at: legal@Katika.com.
