Terms & Conditions

Date of Last Revision: January 5, 2017

Welcome to AkkuFresh® World

Kent Holding Korea DBA AkkuFresh® World (“Company,” “we,” “us,” “our”) provides its services (described below) to you through its website located at akkufresh.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services' user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at here: Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Kent Holing Korea or to Kent Holdings Limited, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our company’s express prior written consent.

You may use information on AkkuFresh® products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by our company for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Our company reserves the right to bar any such activity.

You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any our server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Kent Holding Korea, including any AkkuFresh® World account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Kent Holding Korea’s systems or networks, or any systems or networks connected to the Site or to us.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of Kent Holdings Limited, Kent Holding Korea or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Our company’s obligations, if any, with regard to its products and services, are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

We may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and we make no commitment to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Money Back Guarantee: Should you become dissatisfied with your product service within the first 30 days after purchase, we will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 30 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at Kent Holding Korea' sole discretion. If determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 30-day money back guarantee by sending an email to support@akkufresh.com.

Accounts, Passwords and Security Certain features or services offered on or through the Site may require you to open an account (including setting up an AkkuFresh® World ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify our company immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by our company or any other user of or visitor to the Site due to someone else using your AkkuFresh® World ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s AkkuFresh® World ID, password or account at any time without the express permission and consent of the holder of that AkkuFresh® World ID, password or account. Our company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy Our company’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view our company’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to our Site This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our company’s control, and our company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimer of Warranties – Limitation of Liability: We made every effort to ensure the accuracy of the content of the website and product manuals. However, it is possible that it may contain technical inaccuracies or typographical or other errors (several parts of the website have been translated from a foreign language). We will assume no liability for any inaccuracy found on the website, documentation, packaging, photos, images, graphs, manuals, advertising, promotional material and publications, nor will it assume any liability for any damage, direct, indirect or incidental, consequential or otherwise, that may result from such an inaccuracy, including loss of data or profits without limitation.

Kent Holdings Limited and Kent Holding Korea and their distributors assume no liability for losses or third party loss claims based on product installation. Kent Holdings Limited and Kent Holding Korea and their distributors assume no liability for damage or loss caused by installation, or due to malfunctions, empty rechargeable batteries or repairs.

Please ensure that all sensitive data is backed up on some other media to prevent data loss.

End-users must notify the supplier within one year of delivery of any deficiencies of the product, including problems with the manual and other documents. When a defective item is replaced, it must be returned.

If the defect cannot be corrected satisfactorily, the owner can choose to withdraw from the contract. You cannot assume failure of the defect rectification process until the distributor has had a reasonable time period to rectify the defect or replace the faulty item.

Important: The information regarding liability is shown on akkufresh.com website concerning the warranty refers to the full warranty. By using the product you accept this guarantee.

Please store this product away from children.

Please note that Kent Holdings Limited and Kent Holding Korea distributed products are designed solely for the intended purpose as described in the website or manual. If you have any questions, please contact our customer service or your specialised dealer.

DisclaimersOUR COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OF OUR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST OUR COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN REGARD TO THE SITE AND ALL CONTENT THEREON, KENT HOLDING KOREA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH KENT HOLDING KOREA, SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE.

THE CONTENT ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. KENT HOLDING KOREA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE AVAILABILITY OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, PRICE AVAILABILITY, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. AKKUFRESH® DOES NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SITE, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR CELLULAR PHONE, ELECTRONIC DEVICE, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF PURCHASED PRODUCT, DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SOME ITEMS MAY COME WITH A MANUFACTURER'S WARRANTY, AND THAT WILL VARY FROM PRODUCT TO PRODUCT. LIMITATION OF LIABILITY: IN NO EVENT INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL KENT HOLDING KOREA, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO ANY ENTITY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGE (INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT OF OR ARE OTHERWISE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SITE OR ANY LINKED WEBSITE, THE STATEMENTS OF ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED ACCESS TO THE SITE, YOUR TRANSMISSIONS, YOUR ACCOUNT OR YOUR PASSWORD, EVEN IF KENT HOLDING KOREA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

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.

We reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Examination and Reporting Liability

It is the customer's responsibility to examine the product and ensure that there are no items missing or damaged. Damaged or missing items must be reported in written form, within four weeks after delivery. If the customer does not report any missing or damaged items within the specified period, then the goods are considered to be approved by the customer.

Attention:

  • This product is not edible!
  • Avoid contact with the skin or hair – the glue may cause an allergic reaction.
  • Avoid eye contact – if the foil touches your eyes, please seek medical attention immediately.

Liability is excluded for misuse or abuse of the product – the user is liable for subsequent resulting losses.

Representations and Warranties

You represent and warrant that: a. you are over the age of 18 and can form a legally binding contract under applicable law. b. you have provided and will continue to provide only true, accurate, current and complete information about yourself when filling out the webshop checkout form (the "Form"). The billing address you provide on the Form must and should be the address and phone number your credit card bank has on record. c. you are not using Kent Holdings Ltd. services for any improper purposes, and you will act in good faith in your relationship with Kent Holdings Ltd. you have sufficient authority if you are purchasing on behalf of a company, to bind that company to these Terms.

User Conduct

You understand and agree that all Content is the sole responsibility of the person from whom that Content originated, which means you are responsible for all Content you post or transmit via the Site. You agree that you will not use the Site in any way to:

a.) transmit any Content that is harassing, unlawful, defamatory, abusive, threatening, obscene, harmful, tortuous, invasive of another person's privacy or right of publicity, or that infringes any copyright, trademark, trade secret, patent or another proprietary right, or that is otherwise objectionable;

b.) transmit viruses or other harmful, disruptive or destructive files, codes or programs;

c.) violate any local, state, national or international law or regulation or transmit any Content that you do not have the right to disseminate under law, or contractual or fiduciary relationships;

d.) interfere with, disrupt or harm in any way the Site or servers or networks connected to the Site;

e.) collect or store personal data about other users;

f.) harm minors in any way.

g.) transmit any unauthorised advertising, promotional materials, spam, or another type of unsolicited mass e-mail to any party who has not agreed to be part of such mailings.

Information Provided by You

Kent Holdings Limited and Kent Holding Korea respects the privacy of its users. To view our “Privacy Policy” click on the following link Privacy Policy. For more detail, please contact us directly by phone or via email at info @ akkufresh.com This e-mail address is protected from spambots and you need JavaScript enabled to view it.

Limitation of Liability Except where prohibited by law, in no event will our company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if our company has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, our company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, our company’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against our company (but not including the purchase price for any AkkuFresh® products, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity You agree to indemnify and hold Kent Holdings Limited, Kent Holding Korea, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against our company by any third party due to or arising out of or in connection with your use of the Site.

You agree to indemnify and hold harmless Kent Holdings Ltd., its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners and suppliers from any claim, demand, action or damage, including reasonable attorney's fees, made or incurred by any third party arising out of or related to your use of the Site, any Content you transmit via the Site or your violation of the Terms.

Changes to the Terms

Kent Holdings Ltd. reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms in whole or in part, at any time. Changes in the Terms will be effective when notice of such change is posted on the homepage of Kent Holdings Ltd. Your continued use of the Site after any changes to the Terms posted will be considered as acceptance of those changes. You should periodically check the "Terms and Conditions" link on AkkuFresh®'s homepage to view the then current Terms. Changes to the AkkuFresh® Site may, in their sole discretion, terminate, change, suspend or discontinue any aspect of the AkkuFresh® Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Kent Holdings Ltd. shall not be liable.

Termination

You agree that Kent Holdings Ltd., in its sole discretion and at any time without notice to you, may terminate your use of the Site, including without limitation your password and account, and may remove or delete any Content on the Site or within your account, including contents you have provided to Kent Holdings Ltd. or transmitted through the Site. You further agree that Kent Holdings Ltd. shall not be liable for any termination of your use of or access to the Site. In the event of any termination of the Terms, or your use of or access to the Site, you agree that the provisions regarding Intellectual Property Rights, Indemnification, Disclaimer of Warranties, Limitations of Liability, as well as General Conditions shall survive any such termination.

Storage of Content

You agree that our company may establish, at its sole discretion and without prior notice to you, a maximum amount of storage space that it will maintain for Content transmitted through the Site, and you agree that our company has no responsibility or liability for the deletion or failure to store any messages, communications or other Content transmitted through the Site. Your contact with third parties, your dealings or communications through the Site with any party other than our company are sole between you and that third party, and our company does not make any representations or warranties with respect to any goods, services or information which may be obtained from such third parties and our company shall not be liable.

No Reselling of Services on the Site

You agree not to sell, resell, reproduce, duplicate, copy or use for any unauthorised purposes any portion of the Site, or use of or access to the Site.

International Users

This Site is controlled, operated, maintained and administered by Kent Holding Korea from its IT Office in the Republic of Korea (South Korea). Kent Holding Korea makes no representation that materials on the Site are appropriate or available for use at other locations outside of South Korea and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of the Republic of Korea export laws and regulations. If you access this Site from a location outside of South Korea, you are responsible for compliance with all local laws.

Violation of These Terms of Use We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary for connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our company’s rights or property, or the rights or property of visitors to or users of the Site, including AkkuFresh® World’s customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. Our company also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.

You acknowledge and agree that we may preserve any transmittal or communication by you with our company through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or we determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Kent Holdings Limited, Kent Holding Korea, its employees, users of or visitors to the Site, and the public.

You agree that our company may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Kent Holdings Limited, Kent Holding Korea,, for which monetary damages would be inadequate, and you consent to our company obtaining any injunctive or equitable relief that our company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

You agree that our company may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If our company does take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to our company. You agree that our company will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Republic of Korea without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the Republic of Korea, and waive any objection to such jurisdiction or venue. Any claims or controversies arising in any way from or relating to the Terms shall be filed in a court of competent jurisdiction sitting in the City of Seoul, Republic of Korea. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between our company and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Language

It is the express wish of the parties that the Terms and all related documents have been drawn up in US English.

General Conditions

Except where explicitly stated otherwise, notice to Kent Holdings Ltd. shall be given by registered mail to Kent Holdings Ltd. Corporation, Attn: the Legal Department will notify you by an e-mail sent to the address you provided during the checkout process or through a general notice posted on AkkuFresh®’s homepage. In addition, Kent Holdings Ltd. may give you notice by registered mail to the postal address provided during the checkout process. Postal notices shall be assumed to be delivered within 3 days after the date of mailing. E-mail notices shall be considered to have been received within 24 hours after the e-mail is sent unless the sending party is notified that the e-mail address is invalid.

Attorney’s Fees and Costs

You agree to pay reasonable attorney’s fees and expenses incurred by Kent Holding Korea, and/or Kent Holdings Ltd. in any action or proceeding brought against Kent Holding Korea and/or Kent Holdings Ltd. by you (the consumer, user or customer), if Kent Holding Korea and/or Kent Holdings Ltd. prevails in such a claim or action.

The Terms constitutes the entire agreement between Kent Holdings Ltd. and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within three (3) months after the claim or cause of action arises, notwithstanding any statutes of limitations to the contrary. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. Any failure by Kent Holdings Ltd. to enforce or exercise any provision of the Terms or related rights shall not constitute a waiver of that right or provision.

The section titles used in the Terms are purely for convenience and simply no legal or contractual effect.

Void Where Prohibited Our company administers and operates the www.akkufresh.com Site from its location in Seoul, Republic of Korea; other AkkuFresh® World sites may be administered and operated from various locations outside the South Korea. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside South Korea. Our company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and our company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and our company with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with our company, we will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Our company’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by our company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between our company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Our company provides access to AkkuFresh® World international data and, therefore, may contain references or cross references to our products, programs and services that are not announced in your country. Such reference does not imply that AkkuFresh® World in your country intends to announce such products, programs or services.

Feedback

If you spot any errors in the translations we have prepared or would like to give feedback on the website in any way, please browse to our Contact Us page.

Any feedback you provide at this site shall be deemed to be non-confidential. Our company shall be free to use such information on an unrestricted basis.

The information contained in this website is subject to change without notice. 
Copyright© 2003-2017 Kent Holdings Limited All rights reserved.