Try now
EN
Welcome to the comprehensive Terms & Conditions of Service for Kaleidoscope. We strongly recommend that you thoroughly read and understand these terms before making any purchases through our website. It is crucial to ensure that these conditions align with your expectations and do not contain any elements that you are unwilling to consent to. Please refrain from using our service if you find yourself in disagreement with any part of these terms.
Should you have any questions, doubts, or concerns about these terms, feel free to connect with us via email at support@discoverkaleidoscope.com. We are here to assist you and clarify any uncertainties you may have.
The terms and conditions outlined below are vital and should be understood prior to any purchases made on our website. Please ensure they encompass everything you expect and do not include anything you are unwilling to agree to.
For clarity and ease of understanding within this contract:
• The terms 'we', 'us' or 'our' refer to Discoverkaleidoscope.com (also known as Kaleidoscope).
• The terms 'you' or 'your' refer to you, the individual using our site to avail services from us.
Discover Kaleidoscope (herein referred to as "Kaleidoscope") is officially registered at C/ Muntaner 292, 4-2. 08021, Barcelona.
To utilize any services provided by Kaleidoscope, you are required to first accept the subsequent Terms and Conditions (hereafter referred to as "Terms").
This also includes any additional terms that might supplement, alter, or supersede certain aspects of this contract. If we decide to enact any such changes, we will duly inform you by providing a notice period of one month.
By availing any service offered by Kaleidoscope, you signify that you have thoroughly read, understood, and accepted all the policies, terms, and conditions mentioned herein without any reservations or exceptions.
If you proceed to purchase services on our website or through our Offering, you thereby agree to be legally accountable under this contract. If you find yourself in disagreement with these Terms, we respectfully request that you refrain from using any Kaleidoscope service.
The Kaleidoscope offering is available in two languages, English, and German. Certain content and information may only be available in English, for example, the DNA test kit and the DNA test report. Test interpretation and health coaching is offered in English and in German.
Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights stipulates that consumers must be provided with specific critical information before a legally binding agreement is established. This directive is a legal obligation for us, and we are committed to its full implementation.
The crucial information we are legally required to provide you forms an essential part of this contract as if it has been explicitly laid out in its entirety within this document.
Should it be necessary to modify any of this crucial information after forming a legally binding agreement between you and us, we are only permitted to do so with your explicit consent.
Kaleidoscope is a digital platform, encompassing an array of features and content (collectively referred to as the 'Offering'). All the content, information, and services presented or made accessible via this platform ("Content") are intended for use strictly under the stipulated Terms.
Please note that any information or advice provided is not designed for diagnostic or therapeutic purposes and should never be seen as a substitute for professional medical advice. If you harbour any health-related concerns, we strongly recommend seeking advice from a qualified healthcare professional.
In creating this content, we have endeavoured to ensure its quality. However, we do not make any claims or guarantees regarding the accuracy, applicability, suitability, or comprehensiveness of the content.
Kaleidoscope shall under no circumstance be held accountable for any direct, indirect, punitive, exceptional, incidental, or any other consequential damages that may arise either directly or indirectly from the utilization of our material. This material is provided on an "as is" basis and comes without any warranties.
The term 'Genetic Information' refers to the comprehensive genetic and biological data about you, inclusive of insights into your genetic profile which are generated by external parties and subsequently made available through our offering. This data is exclusively utilized by Kaleidoscope for the creation of personalized health, well-being, and lifestyle information
'Personal Information' signifies any information relating to an identified or identifiable natural person. An identifiable natural person is someone who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person, according to the General Data Protection Regulation (GDPR) of the European Union.
'Services' encompasses all products, software, services, mobile offerings, DNA testing, reporting, recommendations, and consultations with our expert teams, as well as our website (inclusive of text, graphics, images, and other materials and information) provided by Kaleidoscope, which you may access from time to time.
'User' refers to you - the individual who avails of our Services and whose information we process accordingly.
Your engagement with Kaleidoscope's range of Services is governed by the stipulations outlined in this document. These Terms apply to any interaction with Kaleidoscope’s Services, including:
The submission of a saliva or tissue or blood specimen for DNA extraction and subsequent testing;
The provision of a blood sample intended for testing purposes;
The engagement with health coaches to discuss and interpret test results;
The engagement with health coaches to discuss and define health goals and to monitor goal achievement.
Please note that your agreement to these terms is fundamental to your usage of our services.
Below, we delineate the process through which a legally enforceable agreement is established between you, the customer, and us, the service provider.
To initiate the process, you select and order our services via our website. We urge you to thoroughly review and verify your order before finalizing it, ensuring that any discrepancies or errors are corrected before submission.
Upon completion of the online purchase process, you will receive an acknowledgment email from us. However, it's crucial to understand that this acknowledgment does not imply acceptance of your order on our part.
There may be circumstances where we might have to reach out to inform you that we cannot accept your order. Reasons for this could be as follows:
• Our inability to execute the requested services due to staff shortage;
• Our inability to authorize your payment;
• Legal restrictions preventing us from providing the services to you;
• Errors in the pricing or description of the services; or,
• Our services not being available in your country.
The acceptance of your order only occurs when we send you a confirmation email (Confirmation Email) stating that your order has been accepted. At this juncture:
• A legally binding contract is established between you and us; and,
• We will dispatch a testing kit to you.
If you are under the age of 18, you are prohibited from purchasing services from us.
We utilize reputable courier services and the public postal system to dispatch our testing kits to destinations within the European Union, as well as select locations beyond its borders. The cost of both outbound and return postage is incorporated into the total price of the DNA or other test kits included in our service offering.
The anticipated delivery date for your testing kit will be communicated in the confirmation email you receive upon placing your order.
In the event of unforeseen circumstances that may affect the estimated delivery date, we will promptly provide you with an updated timeline for the arrival of your DNA testing kit.
Delivery will be executed to the address you specified during the ordering process.
To successfully deliver your goods, we need to properly identify you. If requested, kindly provide a legitimate form of identification.
Unless an alternative arrangement has been mutually agreed upon, should we fail to deliver your DNA testing kit within 10 days from the date of your confirmation email, we will undertake the following steps:
• Inform you of the delay;
• Proceed to cancel your order; and,
• Initiate a full refund process.
If there’s no one present at the specified address to receive the delivery, please reach out to us using the contact details provided at the bottom of this page.
Upon successful delivery to the address you specified during the ordering process, the responsibility of the testing kit transfers over to you. This implies that the risk associated with the testing kit is borne by you or a third party nominated by you once possession of the kit is taken.
This service, provided by Kaleidoscope, provides personalized recommendations.
The Service, Offering, and Content are provided 'AS-IS', reflecting the state-of-the-art in genetic research and technology utilized by Kaleidoscope at the time of your usage. As the landscape of scientific knowledge and technology evolves, so does our commitment to innovate and offer you the best possible experience.
When using any Service offered by Kaleidoscope, you agree to adhere to any guidelines or rules applicable to such Service that may be posted periodically. These guidelines or rules are an integral part of these Terms. Kaleidoscope may also offer other programs and services governed by different agreements or Terms.
We reserve the right to modify the form and nature of the Service we provide without prior notice. In line with our commitment to continuous innovation, we may cease (temporarily or permanently) providing some of the Service (or any features within the Service) at our sole discretion, with prior notice to you.
You have the freedom to cease using our Services at any point in time without notifying us unless you wish to close and delete your account.
Our service, offering, and content are intended for informational and motivational purposes only. They do not constitute medical advice and should not be relied upon as such. Our Service and Content should not be used for diagnostic purposes and is not a substitute for professional medical advice if such is needed. Always consult your physician or a health care provider with any queries regarding your health.
While Kaleidoscope strives to ensure the accuracy, completeness, and timeliness of the Offering and Content, we do not provide any warranty, express or implied, of the accuracy or completeness of any of the Content. We shall not be liable for any damages, losses, or expenses arising out of the use of the Offering or the Service. Use of the Service, Offering, Content or materials linked to the Offering is at your own risk.
For DNA testing, we use a select group of genetic variants (SNPs) associated with health and wellness. The scientific community is still unravelling the mysteries of genetics. One of our goals is to demonstrate how such information can enhance health and well-being. The impact of genetic variants may differ across ethnic groups or between sexes. We strive to select and report the most well-researched genetic variants supported by robust studies. Future genetic research may alter the way specific genetic variants and their effects are reported by Kaleidoscope.
While our team of experts makes every effort to provide effective, accurate advice and recommendations based on current research, Kaleidoscope does not guarantee the effectiveness of any specific course of action, procedures, opinions, or other information provided on Our Site and Offering.
The European Directive 2011/83/EU endows you with certain legal entitlements, commonly referred to as 'statutory rights'. Following this, the DNA Testing Kit that we furnish you with must align with its description, be suitable for the intended use, and uphold a satisfactory level of quality.
We are legally obligated to provide you with goods that comply with the stipulations of this agreement.
Despite our efforts to ensure utmost accuracy:
• All weights, sizes, and measurements provided on our website are approximate, and there might be slight discrepancies.
• While we strive to represent the colours of our products as accurately as possible on the website, the actual colours may vary on your device due to differences in display settings and capabilities.
You must return the samples to us within 3 months from the original order date. Any samples received outside this timeframe will not be processed and you will have to place an order for a new kit.
The European Directive 2011/83/EU bestows upon you certain legal protections. The information provided above is a brief overview of some of these key rights. However, if you wish for a more comprehensive understanding of your privileges, visit the following website: https://eur-lex.europa.eu/EN/legal-content/summary/consumer-information-right-of-withdrawal-and-other-consumer-rights.html.
This agreement does not in any way diminish or affect your legal rights under the European Directive 2011/83/EU. Besides these, you may also be entitled to additional rights as provided by law.
In the unfortunate event that your goods are discovered to be defective, we encourage you to get in touch with us immediately. Your satisfaction is our priority, and we are committed to resolving any issues promptly and efficiently.
Upon purchasing and downloading any digital content we may make available to you, it's crucial to understand that you will not possess ownership rights over it. Rather, we are granting you a 'license', a form of permission that allows you to utilize and enjoy the content in line with the parameters set out in this agreement. This license is non-exclusive, non-transferable, revocable, and strictly confined to your personal use.
The digital content:
• is designed to be personal to you, enabling you to use it anywhere across the globe, provided you adhere to local laws;
• is not exclusive to you. We reserve the right to provide identical or similar digital content to other users;
• must not be:
o reproduced by you beyond a reasonable number of essential backups;
o modified by you, which specifically means you are prohibited from adapting, reverse-engineering, decompiling it, or attempting to extract its source code unless such actions are permitted by law;
o integrated or merged with any other software, utilized within any other computer program; or,
o distributed or sold by you to any third party;
• comes with an instruction manual on how to use it. We strongly advise you to read this thoroughly;
• contains proprietary information belonging to us and/or third parties. You are strictly forbidden from altering, hiding, or removing any identifiers indicating ownership of this information, including copyright (©), registered trademark (®), or unregistered trademark (™) symbols.
Unless explicitly granted permission to use the digital content under this clause, you will not acquire any ownership rights or any other rights (of whatever nature) in the digital content or any copies thereof.
Kaleidoscope reserves the right to terminate this license at any given time for any reason.
Our accepted modes of payment include leading credit and debit cards such as Visa, Mastercard, along Google Pay. Kindly note that transactions made in cash or through cheques are not facilitated.
We prioritize your security and undertake every reasonable measure to ensure the safety of your information when processing payments for digital content. Our encrypted secure payment mechanism is designed to offer maximum protection. However, barring negligence on our part, any failure to comply with our contractual obligations or Privacy Policy, or any breach of our duties under applicable laws, we cannot be held accountable for any loss you may incur if a third party gains unauthorized access to your information.
Your credit or debit card will be charged only after the Confirmation Email has been dispatched to you, triggering the automatic download of the digital content.
Please be aware that all payments made via credit or debit cards must be authorized by the respective card issuer. There may be additional security steps required in certain instances.
All our pricing is based on EURO (€) (EUR).
We have partnered with Stripe, a trusted third-party tool, for processing payments on our e-commerce platform. For details on how your data is handled, please refer to their Privacy Policy. Your telephone number, bank account and credit card details, and other relevant information you've provided for the Offering will be shared with Stripe for processing your payment.
The content provided on this platform is intended for your utilization and not for commercial exploitation. In instances where this platform facilitates electronic commerce, purchasing opportunities may be made available for both individual and group transactions, given that you possess the necessary authorization to make purchases on behalf of said group.
It is prohibited to decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this platform, its content, or service. The use of network monitoring or discovery software to discern the site architecture, extract usage data, individual identities, or user information, is strictly forbidden. You are not allowed to employ any robot, spider, automatic software or device, or manual process to monitor or duplicate the platform or its content without obtaining prior written permission from Kaleidoscope. Misleading, fraudulent, or illegal communications cannot be transmitted via this platform. Commercial replication, modification, reproduction, republication, distribution, display, or transmission of any part of this platform or the service is prohibited unless otherwise permitted. Exporting or re-exporting this platform, any of its parts, or its content is not allowed. Any unauthorized use of this platform or its content is strictly prohibited.
By using the service, you agree not to:
• Upload, post, or share content that is obscene, offensive, or discriminatory based on race, color, origin, sexual orientation, gender, age, or other status.
• Impersonate any individual.
• Modify content or manipulate identifiers to disguise the origin of any content shared through our service.
• Upload, post, or share any content that is not permissible under any law.
• Use the information received through the service to identify or contact other customers, except when using features designed specifically for connecting users.
• Advertise, buy, or sell any goods or services, unless explicitly permitted by Kaleidoscope.
• Upload, post, or share any information containing viruses or any other codes, files, or programs intended to destroy or limit the functionality of any computer or hardware equipment.
• Use software, devices, or services to interact with the Services or Kaleidoscope’s servers unless explicitly permitted by Kaleidoscope.
• Engage in “framing” or simulating the function of our Site.
• Override, or attempt to override, security components in Kaleidoscope’s web services.
• Interfere or disrupt the Services, networks, or Users that are connected to the Services, or disobey any requirements, policies, or regulations of networks that are connected to the Service.
• Violate the Terms of Service, codes of conduct, or any other applicable guidelines that apply to the area of Service or have been communicated to you by anyone from Kaleidoscope.
• Violate any municipal, provincial, national, or international law or any regulations within the law.
To access our services, you need to create an account with us. By doing so, you commit to providing information that is both accurate and complete during the registration process. Furthermore, any changes or adjustments to this information should be promptly communicated to us. Your cooperation in maintaining the accuracy of your account details is essential to ensuring the smooth delivery of our offerings.
As an account holder, you are entrusted with the confidentiality of your account details, including your password. The responsibility for all activities that occur under your account rests solely on your shoulders. Should you permit third parties to access our services using your credentials, you agree to defend and indemnify Kaleidoscope and its affiliates against any liabilities, costs, or damages, including legal fees, that may arise from claims or lawsuits resulting from such access and use. In case of any unauthorized usage of your account or any other security breach, you are required to promptly notify Kaleidoscope. However, please be aware that Kaleidoscope cannot and will not be held liable for any loss or damage arising from your failure to comply with this clause.
If you suspect that there has been unauthorized access to your account, you must alert us immediately by sending an email to support@discoverkaleidoscope.com.
Furthermore, you are required to complete our lifestyle questionnaire before receiving any service from us. Your responses will enable us to tailor our services to your specific needs.
This Offering may contain links to third-party websites, which are provided purely for your convenience. Kaleidoscope does not exercise any authority over the operation and content of these external sites. We do not bestow any endorsement or assume responsibility for any content, material, or services that may be available on these sites. Nor do we vouch for the usage of such sites or any products or services that may be promoted or sold through them.
Kaleidoscope expressly disclaims any liability arising from Third-Party Communications you may encounter or any actions you undertake or abstain from as a result of these communications. It is your sole responsibility to evaluate and verify the credibility of the source and the content of any Third-Party Communications. Kaleidoscope takes no responsibility for the verification process and makes no claims or guarantees regarding the authenticity or trustworthiness of the source or content of any Third-Party Communications.
Unless explicitly stated within these Terms, no part of these Terms should be construed as bestowing upon you or any third party any license or privilege, either implicitly or otherwise, under any form of law (be it common law or statutory law), rule, or regulation, inclusive of those associated with copyright or other intellectual property rights. You acknowledge and agree that the Content, the Offering, and all other materials made available or accessible through the Offering are safeguarded by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
You declare and guarantee that any material submitted to or posted on this Offering:
• are original works of your own or that the owner of such works has explicitly granted Kaleidoscope a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license for said works with all of the rights conferred by you in these Terms of Use;
• will not infringe upon the rights of any third party, including but not limited to, publicity rights, privacy rights, copyrights, patents, or any other intellectual property or proprietary rights; and,
• that you have procured all necessary consents under any relevant privacy legislation to submit any Personal Information about another individual or third party to us.
Individuals wishing to contribute Genetic Information must be a minimum of 18 years old and legally permitted to utilize the Service within their country of residence.
Our analysis is confined to a limited selection of your genetic information derived from your saliva or tissue or blood sample, as applicable. This Genetic Information, which is closely linked to health and well-being traits, represents merely one facet of an individual's comprehensive health, well-being, and fitness profile. It should not be construed as definitive or all-encompassing.
By engaging with this Service and Offering, you hereby agree to, acknowledge, and provide assurances in the form of representations and warranties as follows:
• You willingly grant Kaleidoscope, including its contractors, successors, and assignees, permission to read and analyze genotype data sourced from your genetic test file and results. Explicitly, you request that Kaleidoscope provide you with health and lifestyle recommendations based on the outcome of analyses conducted by Kaleidoscope.
• You confirm that you are at least 18 years of age.
• You assert that the registration information provided by you about yourself for the Service is truthful, precise, up-to-date, and comprehensive, and you undertake to maintain and promptly revise such information to ensure its ongoing accuracy and completeness.
• You declare that you are not a person prohibited from availing of the Service under the laws of the jurisdiction where you reside or from which you are using the Service.
• You comprehend that the Content is not intended to independently diagnose, prevent, or treat any medical condition or determine your health status without the presence of medical and clinical information. You understand that the Service serves motivational, informational, and educational purposes exclusively. While Kaleidoscope's information might suggest a certain course of action, you acknowledge that such a course should always be validated and supplemented by a healthcare provider's advice and medical and clinical testing and information. You accept that Kaleidoscope encourages you to consult your physician or other healthcare provider if you have queries or concerns we cannot resolve.
• Any Genetic Information and other Personal Information supplied by you, or a third party are either your own or if you are submitting such information on behalf of another person, you assure that you have the legal authority to do so, and the submitted Genetic Information and other Personal Information belongs to that other person.
• You accept that any Genetic Information and other Personal Information (including results from the analysis of such Personal Information) may be transferred and/or processed outside of your country of residence.
• You confirm that you are not an insurance company or an employer attempting to procure information about an insured person or a current or prospective employee.
• You acknowledge the evolving nature of personal genome testing, analysis, and related research. You understand that while Kaleidoscope strives to stay updated with DNA and genomics interpretation, the results of any genetic analysis could potentially be incorrect, incomplete, misleading, or inconclusive. You agree that Kaleidoscope will not be held accountable for any errors, omissions, or inaccuracies made by your third-party genetic testing provider.
• You commit to not using the Service for any purpose that contravenes these Terms of Use, which includes:
o Utilizing any information obtained through the Service to attempt to identify or contact other customers, or for any forensic use;
o Causing harm to any third party;
o Attempting to override or overriding any security component of the Service; and,
o Violating the terms of these Terms of Use or any related agreement, applicable law, or any regulations with the force of law.
In the event of a breach of any of these representations and warranties, you acknowledge that Kaleidoscope reserves the right to suspend or terminate your subscription to the Service and deny all current or future usage of the Service (or any part thereof). Moreover, you agree to defend and indemnify Kaleidoscope and its affiliates against any liability, costs, or damages arising from the breach of the representation.
In choosing to utilize this service, you acknowledge and accept the following stipulations:
Your use of this service is entirely at your discretion and risk. The services are provided strictly on an "as-is" basis. Kaleidoscope explicitly disclaims all warranties of any kind, inclusive but not limited to, warranties of merchantability.
Kaleidoscope does not guarantee that:
• The services will operate without interruption or be free from errors;
• The outcomes derived through the services will be precise and accurate.
Any material downloaded or otherwise obtained through the services is done at your own risk. You alone bear full responsibility for any potential damage to your computer system or loss of data that may result from downloading such material.
No advice, whether orally expressed or in written form, obtained from Kaleidoscope or through the services, should be construed as a warranty unless explicitly stated in the terms of service.
Except for liabilities that cannot be limited or excluded by law (such as those relating to death or personal injury) or those arising under applicable laws protecting your personal information, we bear no legal responsibility for the following:
• Any losses that were unforeseeable to both parties at the time the contract was established;
• Any losses not resulting directly from a breach on our part. This includes issues arising from the use or inability to use our services;
• Any losses incurred because of actions taken based on information received from our services, unless we have previously confirmed the reliability of such information for the intended purposes. Our liability in this respect is confined to circumstances where we can reasonably ascertain the accuracy of the information;
• Any losses arising from your failure to maintain confidentiality and security of your account and passwords;
• Any losses incurred as a result of unauthorized access or alterations to your data transmissions;
• Any losses stemming from an unauthorized person claiming to represent you using our services;
• Business losses; and,
• Losses incurred by non-consumers.
Notwithstanding the above, Kaleidoscope's liability shall not exceed the amount paid by the customer for the DNA Testing Kit and subscription to Discoverkaleidoscope.com.
By accepting these terms, you undertake to protect and indemnify Kaleidoscope, its associated entities, representatives, agents, contractors, partners, employees, successors, and assignees from any claims or demands. This includes but is not limited to, all reasonable legal costs incurred by any third party because of your utilization of the Service. This also extends to any implications arising from your connection to the Service, any breaches of these Terms of Use, or any infringements upon the rights of any other individual.
Except as explicitly stipulated within the provisions of this agreement, or unless otherwise mutually agreed upon in a distinct written contract duly signed by both you and Kaleidoscope, you concur not to operate as a reseller or distributor of the Service.
You also agree to refrain from displaying, distributing, licensing, performing, publishing, replicating, duplicating, copying, creating derivative works from, modifying, selling, reselling, exploiting, transferring, or transmitting for any commercial objectives, any part or the entirety of the Service, utilization of the Service, or access to the Service.
Kaleidoscope maintains the authority to adjust, pause, or cease, whether for a short-term or an indefinite period, any aspect of the Service at their discretion, with prior notice.
By using the Service, you understand and consent to the fact that Kaleidoscope carries no responsibility towards you or any third party for any potential delay, modification, interruption, or discontinuation of the Service.
As part of its commitment to innovation, Kaleidoscope may introduce novel or enhanced technologies or features in the future aimed at gathering and/or decoding Genetic Information. It is important to note that your initial use of the Service does not guarantee you access to these new or improved technologies or features for collecting or interpreting your Genetic Information without the payment of the relevant fees.
This contract is strictly between the involved parties and no external party has the entitlement to enforce any clause of this agreement. However, Kaleidoscope's officers, directors, employees, agents, licensors, and suppliers associated with the Offering reserve the right to invoke and enforce provisions about disclaimers, liability limitation, and indemnification directly against you.
Kaleidoscope maintains the right to scrutinize complaints or reported infringements of these Terms. We hold the authority to respond in a manner we find suitable, which may include reporting suspected illegal activities to law enforcement officials, regulators, or other relevant third parties. This could involve the disclosure of information necessary or pertinent to such entities, including user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.
In case of violations of these Terms, Kaleidoscope reserves the right to pursue all legal and equitable remedies available. This includes but is not limited to, the right to block access from a specific internet address to this Offering and any other websites, Offerings, and/or features owned by Kaleidoscope.
Upon placing an order for a DNA test kit, your right to withdraw from the contract will be forfeited once the kit has been delivered to you.
Without restricting its other remedies, Kaleidoscope has the right to issue an immediate warning, temporarily suspend, indefinitely suspend, or terminate the license granted under these Terms and the Service provided to you if, in Kaleidoscope’s sole discretion, you fail to adhere to any terms or conditions of these Terms.
If you cancel the contract concerning the DNA Testing Kit, provided that the kit has not been delivered, we will refund you for the cost of the DNA Testing Kit, excluding shipping costs.
Refunds will be made using the same method of payment as you used for the initial transaction unless you have explicitly agreed otherwise; in any case, you will not be charged any fees because of the reimbursement.
The termination of this contract does not impact our right to collect any outstanding debts owed to us under this contract.
These Terms encapsulate the complete understanding between you and Kaleidoscope, superseding any previous agreements, whether they were oral or written, on the subject matter herein. Moreover, additional terms and conditions may be applicable when engaging with affiliate services, third-party content, or software.
Any delay or inability on Kaleidoscope's part to execute any provision of these Terms due to circumstances beyond its control (such as war, strikes, floods, governmental restrictions, power outages, telecommunication or internet failures, or damage to network facilities) shall not be considered a breach of these Terms of Use.
These Terms integrate any notices contained within this Offering, the Privacy Policy, and form the comprehensive agreement regarding access to and use of this Offering. If any provision within these Terms is deemed unlawful, void, or unenforceable, it will be considered severable from the remaining provisions and will not affect their validity and enforceability.
The failure of Kaleidoscope to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the parties agree that the court should strive to uphold the parties’ intentions as reflected in the provision, with all other provisions of these Terms remaining in full force and effect.
These Terms are governed by and interpreted following the laws of Spain. Any action arising from or relating to these Terms must be filed solely in Spain, and you hereby agree to the personal jurisdiction of such courts to litigate any such action.
Kaleidoscope retains the right to modify these Terms at any given time. Updated versions of the Terms will be displayed on this Offering and become effective immediately. It is your responsibility to regularly review these Terms. Continued use of this Offering following any changes signifies your agreement to such changes.
You agree that, notwithstanding any contrary statute or law, any claim or cause of action arising from or related to the use of the Service, or these Terms must be filed within one (1) year after such claim or cause of action originated, or it will be permanently barred.
The headings and section titles in these Terms are provided for convenience only and bear no legal or contractual significance.
You are prohibited from assigning or delegating any rights or obligations under these Terms. Any attempted assignment or delegation will be deemed ineffective. Conversely, we may freely assign or delegate all rights and obligations under these Terms, in whole or in part, without notifying you. We can also substitute Kaleidoscope for any third party that assumes our rights and obligations under these Terms via unilateral novation, effective upon notice to you.
Should you require any further information or assistance, please do not hesitate to reach out to our dedicated team at support@discoverkaleidoscope.com. We're always here to help!