Terms and Conditions

Last Updated: April 2024

1. Introduction

Welcome to Kankunas ("Company," "we," "us," "our"). These Terms and Conditions ("Agreement") govern your use of our website located at www.kankunas.com (the "Website") and all services we provide, including event planning, venue selection, catering coordination, and decoration services ("Services").

Please read these Terms carefully before accessing our Website or engaging our Services. By using our Website or booking our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, please do not use our Website or Services.

We reserve the right to modify these Terms at any time. Your continued use of our Website or Services following any modifications constitutes your acceptance of the updated Terms.

2. Definitions

For purposes of this Agreement:

"Website" means www.kankunas.com and all associated web pages, content, and services accessible through this domain.

"Services" means all event planning, consultation, coordination, and decoration services provided by Kankunas, including but not limited to wedding planning, corporate event management, birthday party planning, venue selection, catering coordination, and event decoration.

"User" or "You" means any person or entity accessing our Website or engaging our Services, including event hosts, clients, attendees, and any other individuals interacting with us.

"Content" means all text, images, videos, graphics, audio, logos, designs, layouts, and other materials appearing on our Website or provided in connection with our Services.

"Event" means the specific celebration or gathering for which you have engaged our Services.

"Vendors" means third-party service providers including venues, caterers, florists, photographers, musicians, and other professionals coordinated by us.

"Agreement" means these Terms and Conditions, including all referenced policies and documents.

3. Use of Our Website

3.1 License

We grant you a limited, non-exclusive, non-transferable license to access and use our Website for lawful purposes only. This license does not include:

• Downloading or copying content
• Modifying or altering Website content
• Reselling access to our Website
• Using automated tools or bots to scrape data
• Creating derivative works based on our Website

3.2 Permitted Uses

You may use our Website to:

• Browse event planning services and packages
• Read information about our company and team
• Submit contact form inquiries
• Schedule consultations
• Request pricing information
• View testimonials and success stories
• Access our blog and educational content

3.3 Prohibited Uses

You agree not to use our Website for:

• Illegal purposes or to facilitate illegal activity
• Harassment, threats, or abusive language toward us or other users
• Posting false, defamatory, or misleading information
• Attempting unauthorized access to our systems
• Transmitting viruses, malware, or harmful code
• Disrupting the normal operation of our Website
• Infringing on intellectual property rights
• Spamming or sending unsolicited commercial messages
• Violating anyone's privacy or confidentiality
• Impersonating any person or entity
• Selling, reselling, or exploiting access to our Website
• Reverse engineering or decompiling our systems
• Posting discriminatory, racist, or hateful content
• Uploading extremely large files that disrupt service
• Creating multiple accounts to circumvent restrictions

3.4 Suspension of Access

We reserve the right to suspend or terminate your access to our Website if you violate any provision of these Terms or engage in prohibited conduct. Suspension may be immediate and without notice in cases of severe violations.

4. Services and Pricing

4.1 Service Availability

Our Services are available by prior arrangement and engagement. Availability depends on:

• The date and location of your desired event
• Current staffing and workload
• Capacity limitations
• Our assessment of project scope and feasibility

We do not guarantee availability for any specific date and will confirm availability upon consultation.

4.2 Quoted Prices

• All prices quoted in our materials are estimates unless specifically stated as fixed prices
• Actual costs may vary based on specific event requirements, changes, and scope additions
• Quotes are valid for 30 days unless otherwise specified
• Quotes do not include travel costs, taxes, or third-party vendor charges unless specified
• Price increases may apply if your event scope increases after initial quote

4.3 Payment Terms

• A non-refundable deposit (amount varies by package) is required to secure your event date
• Deposit amount will be specified in our written proposal
• Full payment is due before event execution unless alternative arrangements are made
• We accept all major credit cards, wire transfers, and checks
• A 3% convenience fee applies to credit card payments
• Late payments may result in service suspension or cancellation
• All prices include our planning and coordination fees but may not include all vendor costs

4.4 Payment Processing

• Payments are processed securely through our payment processor
• You authorize us to charge the payment method you provide
• Disputed charges must be reported within 30 days
• We are not responsible for payment processing failures due to your bank or payment method
• Payment information is never stored by us and is handled only by secure third-party processors

4.5 Taxes

You are responsible for applicable sales tax, service tax, and other taxes based on your location. If applicable, we will add current tax rates to final invoices.

4.6 Additional Services

Services not included in your package must be requested in writing and are subject to additional fees. We will provide written quotes for any add-on services before proceeding.

5. Intellectual Property

5.1 Website Content

All content on our Website, including text, graphics, logos, images, videos, audio, and software, is owned by or licensed to Kankunas and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Download or reproduce content without permission
• Modify, translate, or create derivative works
• Distribute, transmit, or sell our content
• Use our content for commercial purposes
• Remove copyright or trademark notices

5.2 Trademarks

"Kankunas" and all associated logos, designs, and branding are trademarks of Kankunas LLC. Unauthorized use of our trademarks is prohibited.

5.3 Client Materials

We respect intellectual property rights in all materials you provide, including:

• Your event designs and concepts
• Family photos or personal materials
• Vendor logos or materials
• Music or entertainment selections

We will use client materials solely for the purpose of coordinating your event. We will not distribute, display, or use them for other purposes without your written consent.

5.4 Event Documentation

Photos or videos taken at your event by our staff or our contracted photographers:

• May be used in our portfolio or marketing materials only with your written consent
• You retain rights to personal photos taken at your event
• We may retain information about your event for business purposes
• You may request removal of images from our materials at any time

6. User Content and Submissions

6.1 Your Submissions

When you submit information to us through our Website or Services, you grant us permission to:

• Use your information for providing and improving our Services
• Contact you regarding your event
• Store and process your information as necessary
• Share your information with relevant vendors for event coordination

6.2 Testimonials and Reviews

If you provide a testimonial or review of our Services:

• You grant us the right to use it in marketing materials
• You represent that your testimonial is truthful and accurate
• You grant us the right to edit or modify testimonials for clarity
• We may use your name and likeness in connection with your testimonial
• You warrant you have authority to provide the testimonial

6.3 Prohibited Content

You agree not to submit content that is:

• Illegal, defamatory, or harmful
• Sexually explicit or inappropriate
• Threatening, harassing, or abusive
• Discriminatory or hateful
• Violative of anyone's rights
• Spam or commercial solicitation
• Malicious or designed to disrupt our services

7. Third-Party Links

7.1 External Links

Our Website may contain links to third-party websites and services. We are not responsible for:

• The content, accuracy, or practices of linked websites
• Any damages or losses resulting from use of linked sites
• Privacy practices of third parties
• The availability or functionality of external links

7.2 No Endorsement

Inclusion of links does not imply endorsement of linked sites or their content. Your use of linked websites is at your own risk and subject to their terms and policies.

7.3 Vendor Information

While we provide recommendations for vendors, we do not endorse or guarantee their quality, pricing, or services. Your interactions with vendors are independent of us and subject to their own terms.

8. Disclaimer of Warranties

8.1 As-Is Provision

Our Website and Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either expressed or implied. We specifically disclaim all implied warranties, including:

• Merchantability (fitness for sale or trade)
• Fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, completeness, or timeliness of information
• Uninterrupted or error-free service

8.2 Accuracy of Content

While we strive to maintain accurate information on our Website, we do not warrant that:

• Content is accurate, complete, or current
• Content is free from errors or omissions
• Services will meet your specific expectations
• Third-party information is reliable

8.3 Website Availability

We do not warrant that our Website will:

• Be available at all times
• Be free from interruptions or downtime
• Be secure from unauthorized access
• Function properly on all devices or browsers
• Operate without errors or malfunction

8.4 Services Disclaimer

We make no warranty regarding:

• Event outcomes or client satisfaction
• Vendor performance or quality
• Guest reactions or preferences
• Weather or uncontrollable circumstances
• Third-party decisions or actions

8.5 No Warranty Against Disruption

We do not warrant that your event will proceed without disruption, unforeseen circumstances, or issues beyond our reasonable control.

9. Limitation of Liability

9.1 Liability Cap

To the maximum extent permitted by law, our total liability for any claims arising from your use of our Website or Services shall not exceed the lesser of:

• The actual amount you paid us for Services in the 12 months preceding the claim, or
• $1,000 USD

This limitation applies regardless of the basis of the claim (contract, tort, negligence, or otherwise).

9.2 Excluded Damages

We are not liable for any:

• Lost profits or loss of revenue
• Lost data or business interruption
• Lost opportunity or lost reputation
• Consequential, indirect, incidental, special, or punitive damages
• Damages arising from circumstances beyond our reasonable control
• Damages from vendor performance or third-party actions

This applies even if we have been advised of the possibility of such damages.

9.3 Force Majeure

We are not liable for damages resulting from events beyond our reasonable control, including:

• Natural disasters, severe weather, or acts of God
• War, terrorism, or civil unrest
• Pandemic or epidemic
• Government action or regulation
• Infrastructure failure or utility disruption
• Third-party actions or vendor failure

9.4 Mitigation

You are responsible for taking reasonable steps to mitigate losses, including:

• Maintaining backup plans for critical elements
• Securing necessary insurance coverage
• Communicating preferences and requirements clearly
• Promptly reporting issues so we can attempt resolution

9.5 No Class Action

You agree that any claims must be brought individually, not as part of any class action, consolidated action, or representative proceeding.

10. Indemnification

You agree to indemnify, defend, and hold harmless Kankunas and its officers, employees, agents, and contractors from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of our Website or Services
• Your violation of these Terms or any applicable laws
• Your infringement of third-party rights
• Content you provide or submit
• Your interactions with vendors or third parties
• Claims brought by event guests or attendees
• Any illegal or harmful activity you engage in

This indemnity survives termination of these Terms and your use of our Services.

11. Termination

11.1 By You

You may terminate our Services by providing written notice to [email protected]. However:

• Non-refundable deposits are forfeited upon termination
• Cancellation fees may apply as specified in your engagement agreement
• You remain responsible for any vendor costs we have already incurred
• Less notice may result in additional cancellation penalties

11.2 By Us

We may terminate Services or deny future Services if you:

• Violate these Terms or any applicable laws
• Provide false information
• Engage in abusive or threatening behavior
• Fail to make required payments
• Create liability for us
• Request illegal or unethical activities

11.3 Effect of Termination

Upon termination:

• All Services cease immediately
• Non-refundable deposits are not returned
• Outstanding invoices remain due
• Intellectual property protections continue
• Dispute resolution procedures continue

12. Governing Law

These Terms and all matters arising from or relating to your use of our Website and Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or your use of our Services.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable:

• That provision shall be reformed to the minimum extent necessary to make it enforceable
• If reformation is not possible, the provision shall be severed
• All other provisions shall remain in full force and effect
• The severance of any provision does not affect the validity of remaining Terms

14. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Post the updated Terms on our Website
• Update the "Last Updated" date
• Notify you via email if you are an active client

Your continued use of our Website or Services after changes constitutes acceptance of the updated Terms. If you do not accept changes, you must discontinue use of our Website and Services.

Material changes include modifications to:

• Payment terms or pricing
• Limitation of liability or indemnification
• Intellectual property provisions
• Your rights or our obligations

15. Contact Us

If you have questions about these Terms and Conditions:

Email: [email protected]

Phone: +1 (555) 842-7654

Mailing Address: Kankunas LLC 450 Park Avenue, Suite 1200 New York, NY 10022

We will respond to all inquiries within 30 business days.

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These Terms and Conditions were last updated on April 2024 and are effective immediately upon posting.