By accessing and using the official website of qKratom (“we”, “our”, “us”), www.qkratom.com (“the website”), as well as, but not restricted to, ordering and purchasing products from the website, you are in agreement with all the terms of service outlined below.
If you disagree with the terms and conditions, you are required to quit using this website and exit at once. You are also required to return any purchased products promptly.
Using qKratom’s products and user representations
qKratom does not in any way state that the products on its website are intended for unauthorized use or any form of human consumption. As such, you affirm the following:
- That you know and understand that some products of qKratom are only meant for ornamental display, scientific research, incense, reference, collection, and/or herbarium specimen purposes only
- That you are, at least, eighteen (18) years old or have attained the stipulated legal age at your location of residence
- That it is your intention to use, and you shall only use, qKratom’s products for personal purposes
- That your request for qKratom to ship its products to a third party means you acknowledge that the receiving party is eighteen (18) years old or has attained the stipulated legal age at the receiving party’s location of residence and that the receiving party has the intention of using, and shall only use, qKratom’s products for personal purposes
- That you know and understand that some products on the website are not meant for human ingestion and as such you did not intend to consume any products marked as unfit for internal use or human consumption
- That qKratom cannot respond to any form of inquiry or communication concerning the human ingestion of its products, resulting in immediately terminating your ability to access any product on the website
- That you know and acknowledge that qKratom’s products may not have undergone testing for efficacy and safety in any kind of use
- That some products on the website may comprise constituents like chemicals or toxins that could cause harm arising from misuse
- That you understand the need to exercise extreme caution with all of qKratom’s products for the prevention of direct human contact
- That you know and acknowledge that you are not allowed to use qKratom’s products except you are familiar with them
- That qKratom sells its products only under the condition that the receiving party shall not adulterate, mislabel, or use the products as precursor materials for materials under prohibition which are scheduled or otherwise
- That you know and acknowledge that any product available on the website hasn’t undergone the evaluation of the US Food and Drug Administration and as such do not have the approval to be used for diagnosing, treating, curing, or preventing disease
- That all forms of historical data available on the website is only to be used for informational purposes and cannot serve as a substitute or basis on which any physician or healthcare expert gives advice or serve as a substitute for all forms of information contained in or on any product’s packaging or label.
- That you know and understand that all forms of information on the website cannot be used to diagnose or treat health conditions or to prescribe any kind of treatment or medication
Limitations of Liability and Warranties Disclaimer
qKratom does not make any kind of warranty or representation regarding how the website operates or concerning the products, materials, content, or information included on the website, express or implied.
qKratom offers and sells its products on an “as available” or “as is” basis. In compliance with applicable law and to its fullest possible extent, qKratom disclaims all forms of express or implied warranties which include but are not limited to fitness for any specific purpose or implied warranties of merchantability.
QKratom shall not be held liable in any circumstance for all forms of damages or harm that arise from or have a connection to your use, unauthorized use, or misuse of any of the products on the website which include but are not limited to:
- All forms of incidental, punitive, consequential, special, direct or indirect damages
- Any form of misfortune or physical harm
- Damages relating to the loss of use, equipment or other property
- Purchaser’s customers’ claims or cost of capital
- Loss of revenue or profits
This limitation of liability, without limiting the foregoing, shall govern any claim that arises out of equitable, statutory, tort, negligence, contract, or other forms of legal actions.
Agreement to Hold Harmless, Defend, and Indemnify
You agree to hold harmless, defend, and indemnify qKratom, as well as all of its assigns, officers, successors, agents, and employees from any expenses (lawyer fees inclusive), liabilities, demands, claims, losses, and suits that qKratom might incur or sustain as a result of:
- Your usage of any product on the website not limited to transporting, handling, all storing the product
- A third-party using any product on the website with your authorization
- Your willful misconduct, omission, or negligent actions causing a third party to use the product on the website without your authorization
- Your failure to act in compliance with all regulations and laws that can be applied, including but not limited to laws and regulations related to obtaining any form of approval or license from appropriate agencies of government for purchasing and using the products, the Emergency Planning and Community Right-to-Know Act (1986), the Toxic Substance Control Act, or the exportation of technology or products abroad, or
- You breaching the obligations and requirements in these terms
You will be provided with the following from qKratom:
- A formally written notice delivered promptly for any claim that qKratom is aware of
- Control over defending and settling such claim
- Comprehensive assistance and the information necessary to defend and/or settle such a claim for which you will bear all costs. You are not allowed to commence the settlement of any proceeding, suit, or claim, notwithstanding the foregoing, without obtaining the express consent of qKratom in writing, such consent of which there shall not be any unreasonable denial.
Refunds and Return of Goods
Any product on the website sold is considered to be final but qKratom may offer store credit or exchange in some situations. You are required to return the product originally purchased to qualify for store credit or an exchange. QKratom uses heat-sealed, zip-locked bags to package its products, and, in the event that any product returned is open, qKratom reserves its right to deny a return request and may also deny a store credit or exchange request after inspecting the product returned.
On no account will qKratom reship any product once returned, regardless of the reason. QKratom shall contest and/or send illegitimate chargebacks to collections as per the original amount, together with an additional fee of $75. QKratom will not bear the costs incurred on shipping returned products regardless of their state. QKratom meticulously inspects and validates all orders and adequately packs them prior to their shipment.
Only on certain items will the return policy of qKratom differ as follows:
- Live seeds or plants: you are required to establish contact with qKratom within three (3) days at least of receiving the product to be eligible for store credit or an exchange
- All catalog items that are not live seeds or plants: you are required to establish contact with qKratom within thirty (30) days at least of receiving the product to be eligible for store credit or an exchange
In line with the limitations and disclaimers set forth above, it is guaranteed by qKratom that all live plants will be delivered healthy and alive under the following conditions:
- That on the first attempt, the package shall be delivered or provided a delivery location that is safe
- That on arrival, the package is opened with immediate effect and all of its contents are handled with care in line with the instructions enclosed in the package
- That the package cannot be exposed to extreme conditions and elements on arrival
- That any damage to the product whatsoever is reported to QKratom within three (3) days of receiving the package as stipulated above
As we have no direct control or influence over the ability of a grower, qKratom does not issue any guarantee that the plant will continue to survive once it is in your care. Should you for any reason believe that qKratom has shipped a product to you which is not as described, the only authorized line of action is to return the product for store credit or exchange in an unused condition.
Acceptable Orders Policy
For any reason and whenever we see fit, qKratom has the right to cancel any order, especially under suspicion of product misuse or fraud or in other limited situations. QKratom does not, and will not ship any kratom products to New Zealand, Germany, Romania, Denmark, Finland, Burma/Myanmar, Malaysia, Thailand, and Australia. We also do not, and will not ship any kratom products to Wisconsin, Vermont, Tennessee, or Indiana.
You are under obligation as a buyer to comprehensively research the Federal and State laws and regulations applicable to your location of residence and comply fully.
In the event that we fail to deliver any of our products or that there is a delay in delivery, qKratom shall on no account be held liable if the delay or failure arises as a result of lack of transportation facilities, forced or voluntary compliance with the regulations and laws of Federal or State authorities or agencies, acts of God, accidents, wars, strikes, embargo, fire, or any other related causes not under qKratom’s control. Should any of the above-mentioned events occur, qKratom will ship the products at a later date at the already agreed price and for which delivery must be accepted as soon as the cause of the delay or failure is resolved.
Risk of Loss and Packaging of Shipment
Unless stated otherwise, all prices are Free on Board qKratom’s place of shipment. At the place of shipment, all risks relating to loss and damage, as well as title to the goods, shall pass. There will only be a limitation to this agreement if the courier loses the order while it is in transit with the investigation conducted by the courier showing evidence that the loss of the order occurred in transit, in fact on which the products will be reshipped by QKratom. If we receive a confirmation of delivery concerning the order, we will not reship or refund any orders.
Electronic Communications Agreement
Visiting our official website or sending us a message via email is an indication that you have electronically communicated with qKratom. You state your agreement to allow us to communicate with you electronically. QKratom will initiate communication by officially posting notices on the website or by sending you emails. You know and acknowledge that all disclosures, notices, agreements, or other forms of communication electronically provided are in compliance with any legal requirement for any of such communication to be initiated in writing.
User Accounts Rights
All details regarding keeping the use of your account and password confidential are your responsibility and you are also responsible for access restrictions to your computer. All activities that take place regarding your password and account are your responsibility and you accept them. At our discretion, qKratom has the right to cancel orders, edit content, remove content, terminate accounts, or refuse services.
Emails, Comments, Reviews, and Related Content
QKratom grants you the permission to post questions, comments, ideas, suggestion submissions, comments, reviews, and other related content and information the condition that such content does not contain or consist of spam in any way, mass mailings, chain letters, commercial solicitation, political campaigning, or software viruses and as long as such content is not harmful to a third party, does not infringe our intellectual property rights, is not invasive of privacy, defamatory, threatening, objectionable, obscene, or in violation of binding laws and regulations. QKratom does not permit you to use false email addresses, engage in the impersonation of individuals or entities, or provide misleading card details or any other form of content with the intention to mislead or misinform, on which grounds qKratom has the right to have such content edited or removed.
By submitting any kind of material or posting content on the website, you agree to grant qKratom the fully sub-licensable, irrevocable, royalty-free, and non-exclusive right to using, reproducing, modifying, adapting, publishing, translating, creating derivative works from, distributing, and displaying such content globally in all kinds of media. You agree to grant qKratom and any other sub-licensee total rights to use any name submitted along with the content however it sees fit.
You acknowledge that you have total ownership and control of all rights relating to whatever content you post on the website and guarantee that you grant qKratom indemnification for all claims that arise from any content you post and that all such content is accurate, shall not bring harm to any individual or entity, is accurate and does not violate our policy. We reserve the right but are not obligated to carry out the monitoring, editing, or removal of content or activities as we see fit. QKratom does not assume liability and does not take any responsibility for the content that you or other third parties post on the website.
Intellectual Property Rights
This website contains content like software, data compilations, digital downloads, audio files, images, button icons, logos, graphics, text, and other forms of content all of which are the property of qKratom or its providers of content under the protection of the international and United States copyright laws. QKratom reserves the right to compile all content on the website and owns the copyright authorship for such collection under the protection of international and the United States copyright laws.
We do not permit the use of qKratom trademarks and address in any connection whatsoever with services and products that are not qKratom in a way that brings discredit or disparagement to qKratom or that could lead to confusion amongst customers. QKratom and its subsidiaries do not have ownership of any other trademarks that appear on our website except our own. As such, all other trademarks are considered to be the sole property of their individual owners who may or may not be our subsidiaries, have a connection affiliation with us, or be under the sponsorship of qKratom or its subsidiaries.
QKratom prohibits you from reproducing, duplicating, copying, selling, reselling, visiting, or exploiting the website in its entirety or particular sections of the website for commercial purposes without obtaining the express consent of qKratom in writing. QKratom prohibits you from framing any of its proprietary information such as forms, pages, text, images, logo, or trademark, including those of its associates and also prohibits you from using framing techniques without obtaining the express consent of qKratom in writing.
You only have a limited license from qKratom regarding accessing and personally using the website. Apart from page caching, under no circumstances should you download or make modifications to the website or any specific part of it without obtaining the express consent of qKratom in writing. QKratom does not grant you the right to download or copy any of its accounting information that puts another merchant at an advantage. QKratom does not grant you the right to use robots, carry out data mining, or engage in the use of any form of data extraction tools on the website. QKratom does not grant you any right to resell or use the website, including any of its contents commercially. QKratom does not grant you the right to collect and use any prices, descriptions, or product listings. QKratom does not grant you the right to commence the derivative use of the website and any of its contents. QKratom prohibits you from utilizing meta tags or other forms of hidden text that carry its name or trademarks without obtaining qKratom’s express permission in writing. Taking any unauthorized actions regarding use automatically renders the license or permission from qKratom null and void.
QKratom grants you a non-exclusive, revocable, and limited right to create hyperlinks that lead back to its homepage under the condition that no link created portrays QKratom, its subsidiaries and associates, their services and products in an offensive, derogatory, misleading, or false manner. QKratom does not permit you to use any of its proprietary trademark or graphics, including its logo as part of that link if you fail to obtain the express consent of qKratom in writing.
Governing Law, Venue, Disputes
The laws of the state of Illinois govern all our terms of service and all interpretations shall be made in compliance with these laws. This shall be done with no regard to other law provision choices. By accessing and using our website and any of our products and resources, you are in agreement with this exclusive jurisdiction and venue in relation to any dispute that results from using our website, as well as purchasing and using the products listed on our website.
You are required to submit any disputes that arise to confidential arbitration in Illinois except on the condition that you threaten to violate or have actually violated the intellectual property rights of qKratom for which we may proceed to obtain an injunction or any other form of legal appropriate relief in a federal or state court in Illinois. You agree to exclusive venue and jurisdiction in any of those courts.
You agree that the award of the arbitrator is binding and, as long as the court has competent jurisdiction, can be entered as a judgment. As long as the law permits to the fullest extent permissible, you are prohibited from joining an arbitration subject to this agreement that involves another party on which this agreement is binding.
If you access and use the official website of qKratom after any changes, modifications, additions, or subtractions have been made to the Terms and Conditions, you indicate that you know, understand, accept, and agree to such changes. The terms and conditions of qKratom precede any other terms and conditions that you possess, whether yours or not and we hereby issue a notice of objection to that effect.
Should we decide that any section of these terms and conditions is unenforceable, void, or invalid for any reason, we reserve the right to sever that condition and such condition will in no way impact the enforceability and validity of the other conditions stated in the agreement.
Contact Us About Our Terms of Service
After reviewing these terms and conditions, you might have comments or questions and we encourage you to forward them to us. You can either send us an email at email@example.com or use the contact address below to reach us by post:
3526 Oak Avenue