Terms And Conditions

This agreement applies to the Kartesa.com website and Kartesa mobile application (collectively the “Services”). The Services are offered to you by Vihara LLC (d/b/a Kartesa) (“Kartesa”), conditioned on your acceptance without modification of the terms, conditions, and notices contained herein ("Terms"). Your use of the Services constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference. These Terms are effective unless and until terminated by Kartesa. If you do not agree with any Terms, do not use the Services. By using the Services, you represent that you are 18 years of age or older. If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who has agreed to be bound by these Terms.


Use of Services

You certify that the information you provide to access the Services is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify Kartesa immediately. Your account may also be restricted or terminated for any reason, at our sole discretion.
We’re constantly modifying and improving our products. We may introduce new features, change existing features, or remove features from the Services at any time and without notice.

Kartesa grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and our policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Services.
You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software in our Services may be governed by open source licenses. In that case, we will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software to which it applies.
If you are using Kartesa on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.


Content Submission

Some parts of our Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). Content should be written in English. You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant Kartesa a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Kartesa may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.

If you provide us with any feedback on or comments regarding the Services, you grant Kartesa the right to use such feedback or comments for any purpose without restriction or payment to you.


Third-party Products and Content

You agree that Kartesa does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through our Services. If you purchase, use or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that Kartesa will have no liability based on such purchase, use or access.


Order Acceptance and Billing

All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of the Terms and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Kartesa may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). Kartesa reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will the notify customer should such limits be applied. Kartesa also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Terms, reselling shall be defined as purchasing or intending to purchase any product(s) from Kartesa for the purpose of engaging in a commercial sale of that same product(s) with a third party.


Pricing Information

Kartesa cannot confirm the price of an item until after your order is placed. Pricing errors may occur while using the Services. Kartesa reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Kartesa. Kartesa may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.


Product Information Disclaimer

While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on the Service. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer.


Consent to E mail Communication

When you create a user account using the Services or send an e mail to us, you are communicating with us electronically. You consent to receive communications from us electronically, and agree that we may communicate with you by e mail or by posting notices on the Services.


Errors on the Services

Kartesa seeks to ensure that the information on the Services is accurate, current and complete. However, there may be instances when information about a product or service contains inaccurate or incomplete information, such as information about the product pricing or availability. Kartesa does not warrant or guarantee that the information on the Services is error free, complete or current. Kartesa reserves the right to correct errors and/or to update the content or information on the Services at any time without notice or liability.


International Users

The Services are controlled, operated and administered by Kartesa from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Services Content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.


Indemnification

You agree to indemnify, defend and hold harmless Kartesa, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kartesa reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kartesa in asserting any available defenses.


Limitation of Liability

KARTESA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KARTESA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KARTESA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KARTESA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.


Termination/access restriction

Kartesa reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kartesa as a result of these Terms or use of the Services. Kartesa’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kartesa's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Kartesa with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kartesa with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kartesa with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.


Copyright Policy

Kartesa respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Kartesa will respond to valid notices of copyright infringement and reserves the right to terminate any users, at our sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights of others.

If you believe any content posted or made available on the Kartesa Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Kartesa’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Kartesa Services (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.


Contact Information

If you have any questions, complaints or comments about the Services contact us at: legal@kartesa.com