Terms of Use

Welcome to the Kala community – we’re so excited to have you as a member. We know you’re here to shop, so let’s get through the rules and terms of use so you can get started.

  1. Your Acceptance of the Terms
  2. Definitions & Terms
  3. Your Kala Account
  4. Use of Services
  5. Termination
  6. Changes
  7. Limitation of Liability
  8. Trademarks & Proprietary Rights
  9. Warranties & Disclaimers
  10. Disputes
  11. General Provisions
  12. Assignment
  13. Contact Kala
YOUR ACCEPTANCE OF THE TERMS

These Terms of Service (the “Agreement”) governs your use of Kala. By enrolling in Kala, you are consenting, without condition, to act in accordance and be bound by the Agreement, as well as our Privacy and Data Use Policy found at https://www.mykala.com/privacy (“Privacy Policy”). Your continued use of Kala shall also constitute assent to the terms set forth in this Agreement. If you do not wish to comply with our terms and conditions, please do not accept this Agreement and do not use the Kala services.

We will periodically update the Agreement to reflect our current practices and policies.  We will notify you via email, text or other notice on Kala of any material changes to this policy before those changes become effective.

DEFINITIONS & TERMS

“Data” means all of your registration information and other data and information collected, processed and retained by Kala.  For more information on the Data we collect, please review our Privacy and Data Use Policy.

“Kala” means the Kala Online Retail Marketplace program owned and provided by Triliant, LLC and accessed by you under this agreement via the MyKala.com website, the Kala mobile application, and other access points.

“Systems” means mobile devices, computers, software, network and communications equipment and ancillary services that are owned, controlled or procured by you.

“Vendors” means, collectively, third parties that perform business operations on behalf of Kala, such as transaction processing, billing, mailing, communications services (e-mail, direct mail, etc.), marketing, data processing and analytics, servicing, collections, or ad management.

"Business Partners" means, collectively, the retailers, merchants, service organizations, consumer goods companies, and other third party businesses enrolled in or employed by Kala to perform services on our behalf. Examples include 3 rd party sellers who list products and fulfill orders, as well as service organizations used to process payments, track your order shipments, provide customer service support, and send messages and communications such as email.

YOUR KALA ACCOUNT

You will need to create an account in order to use Kala’s full services. Let’s go over a few ground rules with respect to your account.

To give you a better understanding of why this is important, take the example of profile images and product reviews. Kala may need to reformat the profile image to properly fit within a page, or we may feature your reviews to allow other users to gain from your wisdom before making a purchase.

You agree to indemnify and hold Kala harmless from all claims, damages, liabilities, losses, costs and expenses (including attorneys' fees) arising out of any use or disclosure of your data or content permitted hereunder.

USE OF SERVICES

Subject to the terms of this Agreement, you are granted a limited, non-exclusive, non-transferable, and revocable license to use Kala and its services. Except for the limited rights and licenses expressly granted hereunder, no other license is granted to you, no other use is permitted and Kala (and its licensors) shall retain all right, title and interest in and to Kala, including all intellectual property and proprietary rights.

TERMINATION
CHANGES

We reserve the right to amend or update our Terms of Use on occasion. When this does happen, Kala will alert you via email, text or other notification on Kala of any material changes to this policy before those changes become effective. That way, you have the control to determine whether you wish to continue using our services. Your acceptance of the changes may be through your continued use of Kala after the changes become effective.

LIMITATIONS OF LIABILITY
TRADEMARK & PROPRIETARY RIGHTS

You shall not alter, obscure or remove any printed or on-screen trademark, copyright or other proprietary or legal notice.

Any reproduction, modification, creation of derivative works from or redistribution of the MyKala.com website or other applications, and/or copying or reproducing the MyKala.com website, application, or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Kala. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in Kala. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of Kala.

WARRANTIES & DISCLAIMERS

Except as specifically provided herein, Kala is provided “as is” without warranty of any kind. Kala does not warrant that it will meet your requirements or that their operation will be uninterrupted or error-free. To the fullest extent permitted by law, Kala hereby disclaims (for itself and its Suppliers) all other warranties, whether express or implied, oral or written, with respect to Kala include, without limitation, all implied warranties of title, non-infringement, quiet enjoyment, integration, merchantability or fitness for any particular purpose and all warranties arising from any course of dealing, course of performance or usage of trade. Kala makes no warranties of any kind with respect to the products, services, or good offered by Business Partners.

DISPUTES

In the case of a dispute with a Business Partner or Vendor, Kala encourages our users to contact the party in order to resolve the dispute in a satisfactory manner. Should you be unable to amicably resolve your dispute related to an order on Kala, you may elect to participate in our customer support system. Kala will attempt to help you resolve the dispute in good faith, at our sole discretion. Kala will not make any decisions or representation regarding any legal position, outcome, or claim, and does not maintain any legal or contractual obligation to resolve a dispute. As a member, you agree to release Kala from any claims or damages arising from a dispute with other users, Business Partners, Vendors, or other 3 rd parties.

GENERAL PROVISIONS
ASSIGNMENT

Without your consent, Triliant may assign this Agreement. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.

CONTACT KALA

If you have any questions about this policy, you can contact Kala’s support team by sending an email to privacy@mykala.com. Please be sure to indicate the nature of your question or concern.