Terms and Conditions
This Site presents information, content, products and services (collectively, "Content") that is owned exclusively or licensed by Kinky Matters Ltd.
Your Responsibility to Protect Your Account
When you sign up to use the Site and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow using your account. You agree to safeguard your password from access by others. You agree to defend, indemnify and not hold Kinky Matters Ltd responsible for losses incurred by Kinky Matters Ltd or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
Your Responsibility for Security
Kinky Matters Ltd assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content. If you download or copy Content from this website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.
Do Not Rely on This Site for Your Financial Decisions
The Content on this Site is for convenience, e-commerce and information purposes only. You should verify all Content provided through this Site before you make decisions. Account information available on this Site is not the official record of your account. Nothing on this Site should be construed as rendering any advice including tax, legal, investment, or accounting advice.
Ownership and Use of Content
Ownership and Use of Trademarks
The trademarks and service marks “Kinky Matters Ltd” and any logos, designs, slogans or other source-identifying devices, including combinations thereof (excluding any third party owned trademarks or service marks) displayed on the Site are owned by Kinky Matters Ltd. Other proprietary Kinky Matters Ltd marks may be designated as such from time to time on this Site through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are expressly prohibited from making any other use of Kinky Matters Ltd trademarks, including, but not limited to, metatags, key words, text or other links or in any other fashion that may create a false or misleading impression of affiliation with or sponsorship by Kinky Matters Ltd.
This Site may contain links to third-party websites. Kinky Matters Ltd does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that Kinky Matters Ltd is not responsible or liable for any content or other materials on these third-party sites. We have not reviewed any or all such sites that may be linked to this Site and we are not responsible for any such websites linked to this Site. Your linking to any websites from this Site is at your own risk. By linking to a website or permitting a link to this Site, Kinky Matters Ltd does not endorse the website operator or the content of the linked website. Subject to the terms of applicable service or other agreements, we will remove any link from this Site upon request from the owner of the linked website.
Not all of the products or services described on this Site are available universally and/or you may not be eligible for them. We reserve the right to determine eligibility.
We have made significant efforts to accurately display the colours of products that appear on the Sites. However, as the actual colour tone you see will depend on your computer monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the actual product colour or finish.
Kinky Matters Ltd cannot confirm the price of an item until your order is placed. Pricing errors may occur on the Sites. Kinky Matters Ltd reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Kinky Matters Ltd. Kinky Matters Ltd may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Content Posted by You
Content Posted by Other Users
Kinky Matters Ltd is not responsible for, and does not endorse, content in any posting made by other users on the Site. You are solely responsible for your reliance on anything posted by other members on the Site. Under no circumstances shall Kinky Matters Ltd be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance upon any content posted by a third party on the Site. If you become aware of misuse of the Site by any person, please contact Kinky Matters Ltd. If you feel threatened or believe someone else is in danger, you should contact local law enforcement agency immediately.
Activities Prohibited on the Site
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. Kinky Matters Ltd reserves the right to investigate and take appropriate legal action against anyone who, in Kinky Matters Ltd sole discretion, engages in any of the prohibited activities. Prohibited activities include - but are not limited to - the following:
Using the Site for any purpose in violation of Ghanaian or international laws;
posting comments that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Kinky Matters Ltd in its sole discretion.
However, Kinky Matters Ltd takes no responsibility for monitoring such content or in evaluating it;
posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer codes;
Harvesting, mining or otherwise collecting information about others, including e-mail addresses, without their consent;
Allowing any other person or entity to use your identification for posting or viewing comments;
Posting the same note more than once or "spamming";
Harassing, threatening, stalking, or abusing any person;
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of Kinky Matters Ltd exposes Kinky Matters Ltd or any of its customers to any liability or detriment of any type.
Kinky Matters Ltd reserves the right, but is not obligated, to do any or all of the following:
Record the dialogue or content posted on any pages of the Site;
Monitor, edit, or disclose any posting on the Site;
Edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.
Kinky Matters Ltd reserves the right to change the Content on this Site and these Terms and Conditions from time to time at any time without prior notice. The changes may include superseding terms and conditions or specific notices. You should review these terms and conditions regularly and at least each time you use or visit the site to be aware of any changes that are made. Your continuous use of this Site constitutes your acceptance of any change or update, all of which shall become controlling when posted.
Your use of this Site and Content is at your own risk. We strive to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy, completeness or timeliness of the Content. Content may become inaccurate as a result of developments after its publication on this Site. Kinky Matters Ltd is not responsible to keep Content current or to correct inaccuracies or errors in Content. The Site and the content are provided on an "as is" basis. To the fullest extent permitted by law, Kinky Matters Ltd disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. Kinky Matters Ltd makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. Kinky Matters Ltd cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Kinky Matters Ltd cannot and does not guarantee or warrant any files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest disabling, contaminating or destructive properties. Kinky Matters Ltd cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. Kinky Matters Ltd does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
This site is provided by Kinky Matters Ltd on an “As Is” and “As Available” basis. Kinky Matters Ltd makes no representations or warranties of any kind, express or implied, as to the operation of Kinky Matters Ltd sites or the information, content, materials, or products included on the Kinky Matters Ltd sites. To the full extent permissible by applicable law, Kinky Matters Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Kinky Matters Ltd disclaims any and all warranties, express or implied, for any merchandise offered on the Kinky Matters Ltd sites. You acknowledge, by your use of the Kinky Matters Ltd sites, that your use of Kinky Matters Ltd sites is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement.
Limitation of Liability
Kinky Matters Ltd’s entire liability and your exclusive remedy with respect to any dispute with Kinky Matters Ltd is to discontinue your use of the site.
Kinky Matters Ltd consequential or exemplary damage arising from your use of the site or for any other claim related in any way to your use of the site.
These exclusions for indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if Kinky Matters Ltd had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. As some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Kinky Matters Ltd’s liability shall be limited to the extent permitted by law.
Applicable Law & Jurisdiction
These Terms and conditions are to be interpreted and governed by the laws in force in Ghana. Each party hereby agree to submit to the jurisdiction of the Ghanaian courts and to waive any objections based upon venue.
Beyond any other legal or equitable remedies, we retain the right, without giving any prior notice to you, to immediately terminate the Terms and Conditions or to revoke any part or all of your rights that are granted under the Terms and Conditions. Should termination occur, you must immediately cease all access to and use of the Site; any such termination will also result, in addition to any other legal or equitable remedies, in the immediate revocation of all password(s) and account identification issued to you, and with the denial of access to and use of this Site in whole or in part. Any termination will not impact the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. In addition, you agree that the Site is not liable to you or any other person as a result of any such termination or suspension. If any time you feel dissatisfied with the Site or any of its Terms and Conditions, rules, policies, guidelines, or practices of Kinky Matters Ltd in the Site's operations, your sole and exclusive remedy is to discontinue using the Site.
Please note the following points:
We reserve the right to cancel orders at our discretion without giving any reason so long as we provide a full refund for any payment made (This may occur in cases where the remaining stock is damaged or used etc.)
We reserve the right not to accept COD (Cash On Delivery) for certain locations at our discretion.
We reserve the right not to agree to delivery to locations that may be impractical for the service.