Thank you for choosing to be a part of The Keepsake Co! This Platform (which term includes the website located at thekeepsake.app, including all sub-domains and associated websites, mobile applications, any and all other platforms on which content is accessed, published, or distributed, and all associated products, services, and content made available through any of the foregoing is owned and operated by The Keepsake Co Media Private Limited ("Notion", "The Keepsake Co", "Company", "Us, "We"). By accessing our Platform through the mobile app, website, or using any other The Keepsake Co product or service, you indicate your agreement to these Terms of Service ("Terms"), and any other applicable Policies that govern its relationship with its users ("Users, You").
Please read these Terms and other applicable documents carefully before proceeding to use the Platform. While we will make all reasonable efforts to inform you of any changes to these Terms, you must also exercise reasonable caution in checking this page for the most up to date version of the Terms. We reserve the right to amend or modify these terms at our sole discretion, without prior notification to you.
These Terms constitute a legally binding agreement between you and The Keepsake Co.
1. Acceptance of Terms
- By continuing to access our Platform, you acknowledge and agree that you are over the age of 13 as of the date of accessing the Platform, and that you agree to these Terms. If you are under the age of 13, please do not use the Platform without appropriate parental supervision. No part of our Platform is designed or intended for unsupervised Users under the age of 13. We encourage parents and guardians to monitor the internet usage of their wards, including access to the Platform. If we determine that a User is under the age of 13 (regardless of parental approval), we may at our sole discretion terminate their account, along with any personal user data that we might have gathered, as soon as is commercially reasonable. Notwithstanding anything above, if you are a parent/guardian and you permit your ward to use the Platform, you acknowledge and agree that you are solely responsible for monitoring your ward's use of our Platform and further to absolve The Keepsake Co of any liability arising out of such use.
- If you are accessing the Platform on behalf of a legal entity (such as a business), the entity accepts these Terms. The entity agrees to indemnify The Keepsake Co and its employees, directors, and affiliates from any suits, claims, legal proceedings, or actions arising out of or in connection with your/its use of the Platform, including but not limited to costs incurred in respect of claims, damages, losses, and attorney fees.
2. User Account
- We reserve the right to require you to create a User Account in order to access parts or all of the Platform. You are responsible for all activities that take place on your account, and for ensuring that your login details remain confidential. If you share access to your account, any person accessing the Platform through your account is also bound by these Terms. We do not accept any liability for any losses that you may incur as a result of unauthorized access to your account. You may, however, be liable for any losses that The Keepsake Co incurs as a result of such unauthorized access.
7. Disclaimers
- The Platform and content thereon are provided AS IS. We do not make any representations or warranties regarding the accuracy or validity of any content provided thereon. While we will make reasonable efforts to ensure the accuracy of any content displayed on the Platform, we shall not be held liable for any discrepancies in this regard.
- We do not monitor all of the content submitted on the Platform. This includes without limitation, comments, posts, books, or any other material. Therefore, nothing posted on the Platform implies that we approve, endorse, or are aware of such content, including without limitation, offensive, objectionable, obscene, or illegal content. If you come across such content on the Platform, please let us know and we will review it before taking a final decision.
- We do not guarantee that the Platform or any part thereof will always be accessible and available to you. You are responsible for backing up and storing any information or content that you may wish to, subject to compliance with these Terms.
- We cannot guarantee the veracity of user identities. If you believe that a user is misleading or catfishing you, please let us know along with appropriate proof so that we may investigate. Notwithstanding the foregoing, we disclaim all liability from any actions that may arise out of such incidents.
- If any content on the Platform or other intellectual property is infringed upon by a third party, we are under no obligation to pursue legal action on your behalf. This also means that we have no obligation to issue infringement notices to any third-party. Notwithstanding the foregoing, if an intellectual property infringement occurs on the Platform, we will remove such infringing material after investigation in accordance with these Terms.
- To the fullest extent possible under applicable law, we disclaim all warranties, whether express or implied, including without limitation, warranties of fitness, merchantability, or for a particular purpose, in respect of the Platform.
8. Indemnification
- You shall defend and hold harmless The Keepsake Co and any of its directors, employees, consultants, retainers, agents, and affiliates from any and all liabilities, costs, claims, damages, losses, or injuries arising out of or in connection with your use of the Platform.
- Some jurisdictions do not provide for the exclusion of implied warranties on applicable statutory rights; or limitations on a contracting party's liability with regards to damages or death caused due to its negligence or intentional misconduct. Accordingly, in such jurisdictions, you shall indemnify The Keepsake Co to the fullest extent possible under applicable law.
9. Limitation of Liability
- Notwithstanding anything to the contrary contained herein, to the fullest extent permissible by applicable law, The Keepsake Co shall not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, which are in any way related to the Platform or these Terms, (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability) whether or not The Keepsake Co has been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes.
- In all cases, The Keepsake Co will not be liable for any loss or damage that is not reasonably foreseeable
- YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.