Terms of Service

Last updated on: April 15, 2021

By signing up for a DKD Account (as defined in Section 1) or by using any DKD Services (as defined below), you are agreeing to be bound by the following terms and conditions (the "Terms of Service").

As used in these Terms of Service, "we", "us" and "DKD" means the applicable DKD Contracting Party (as defined in Section 4 below).

The services offered by DKD under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online ("Online Services") by enabling you to create and build your own online store. Any such services offered by DKD are referred to in these Terms of Services as the "Services". Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://thedkd.com/terms-of-service. DKD reserves the right to update and change the Terms of Service by posting updates and changes to the DKD website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you and if you do not accept such amendments, you must cease using the Services.

1. Account Terms

  1. To access and use the Services, you must register for a DKD account ("Account") by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. DKD may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
  3. You confirm that you are receiving any Services provided by DKD for the purposes of carrying on a business activity and not for any personal, household or family purpose.
  4. You acknowledge that DKD will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to DKD and your primary Account email address must be capable of both sending and receiving messages. Your email communications with DKD can only be authenticated if they come from your primary Account email address.
  5. You are responsible for keeping your password secure. DKD cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  6. You acknowledge that you are responsible for the creation and operation of your DKD Store.
  7. DKD is not a marketplace. Any contract of sale through your DKD Store is directly between you and the buyer.
  8. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account ("Materials").
  9. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of DKD may result in an immediate termination of your Services.

WHICH MEANS

You are responsible for your Account and any Materials you upload to the DKD Service. Remember that if you violate these terms we may cancel your service.

If we need to reach you, we will send you an email.


2. Account Activation

2.1 Store Owner

  1. Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party ("Store Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store's website.
  2. If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
  3. Your DKD Store can only be associated with one Store Owner. A Store Owner may have multiple DKD Stores. "Store" means the online store associated with the Account.

WHICH MEANS

Only one person can be the "Store Owner", usually the person signing up for the DKD Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.


3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP, the Privacy Policy and, if you operate a E.U. based Store, the EU Terms, before you may become a DKD User.

  1. Technical support in respect of the Services is only provided to DKD Users
  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
  3. You acknowledge and agree that DKD may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on DKD's website, available at https://thedkd.com/terms-of-service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to DKD's website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. If the EU Terms apply to your Store, then amendments to these Terms of Service will be provided in accordance with the EU Terms.
  4. You may not use the DKD Services 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), the laws applicable to you in your customer's jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by DKD.
  6. Questions about the Terms of Service should be sent to DKD Support.
  7. The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services"). You will only use the SMS Services in compliance with these Terms of Service, Vonage Inc.'s Acceptable Use Policy, and the laws of the jurisdiction from which you send messages, and in which your messages are received.
  8. You acknowledge and agree that your use of the Services, including information transmitted to or stored by DKD, is governed by its privacy policy at https://thedkd.com/terms-of-service
  9. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and DKD's Terms of Service available in another language, the most current English version of the Terms of Service at https://thedkd.com/terms-of-service will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by DKD (acting in its sole discretion) or as required by applicable law.
  10. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. DKD shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without DKD's prior written consent, to be given or withheld in DKD's sole discretion.
  11. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.


4. DKD Rights

  1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Acceptable Use Policy Acceptable Use Policy ("AUP") or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any DKD customer, DKD employee, member, or officer will result in immediate Account termination.


5. Confidentiality

  1. "Confidential Information" shall include, but shall not be limited to, any and all information associated with a party's business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. DKD's Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
  2. Each party agrees to use the other party's Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party's obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party's Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.


6. Limitation of Liability

  1. You expressly understand and agree that, to the extent permitted by applicable laws, DKD shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
  2. To the extent permitted by applicable laws, in no event shall DKD or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, DKD partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
  3. Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
  4. DKD does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
  5. DKD does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
  6. DKD is not responsible for any of your tax obligations or liabilities related to the use of DKD's Services.
  7. DKD does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

WHICH MEANS

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is "as is" so it may have errors or interruptions and we provide no warranties and our liability is limited.


7. Modifications to the Service and Prices

  1. Prices for using the Services are subject to change upon 30 days' notice from DKD. Such notice may be provided at any time by posting the changes to the DKD Site (thedkd.com) or the administration menu of your DKD Store via an announcement.
  2. DKD reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
  3. DKD shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

WHICH MEANS

We may change or discontinue the service at anytime, without liability.


8. Privacy & Data Protection

  1. DKD is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that DKD's collection, usage and disclosure of this personal information is governed by our Privacy Policy

WHICH MEANS

DKD's use and collection of personal information is governed by our Privacy Policy. Additionally, if you or your customers are located in Europe, DKD's use and collection of European personal information is further governed by our Data Processing Addendum.