FRANÇAIS

Terms and Conditions
Welcome to www.kutoka.com! Please read these Terms of Use carefully before using the site.
Your access and continued use of this site constitutes your full acceptance and compliance with these
Terms of Use. If you do not agree with these terms and conditions,
discontinue use of this site immediately.
1. Security and Privacy

Your privacy and security are important to us. To learn about our Policy, please refer to this page: Confidentiality and Privacy Policy

2. Applicable Laws

This agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and Canada.

3. Hosting

Kutoka.com is administered in Canada from our office in Montreal. You may only use this site outside of Canada if the laws of your country do not prevent you from accepting the conditions of these Terms of Use.

4. Restrictions on the use of material

All the content on www.kutoka.com belongs to, or is used under license to Kutoka Interactive Inc. None of the materials available on this site may be copied, reproduced, republished, uploaded, posted, transferred, transcribed, transmitted, stored in a retrieval system or distributed in any way, except that User is granted a limited right and may download one (1) copy of the materials on any single computer for personal, non-commercial home use provided that all copyrights, trademarks and any other intellectual property or proprietary rights are complied with. Any modification of the within materials constitutes a violation of these rights. Unauthorized use of these materials can result in penalties being imposed according to the laws of the province of Quebec and Canada.

5. Copyright and Trademark

Kutoka Interactive Inc. ("KUTOKA") is a provincially regulated corporation. All intellectual property rights are reserved by KUTOKA. "Mia" and "Didi & Ditto" are a registered trade marks of KUTOKA.

6. Limitation of Liability

Under no circumstances, including but not limited to, negligence, shall KUTOKA be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if KUTOKA or an authorized representative has been advised of the possibility of such damages. KUTOKA's liability to a User for damages, losses and causes of action shall not exceed the amount paid by User, if any, for accessing this site. Users must take reasonable precautions to ensure computers are virus free and that they retain a backup of their files before attempting to download any material off a web site. KUTOKA notes that the web site may include inaccuracies or typographical errors from time to time. KUTOKA reserves the right in its sole discretion to modify or update these terms and conditions and related disclaimers at its convenience.

7. Letters, comments, pictures and drawings submitted by the User.

Users waive all rights to any stories, ideas, drawings, opinions and other submissions sent to kutoka.com. Furthermore, Users may only submit materials which they alone have created. Any submissions shall be deemed, and shall remain, the property of KUTOKA and KUTOKA shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions.

8. Product Guarantee

KUTOKA warrants that, for a period of ninety (90) days from the date that you acquired the software, the media upon which the software in encoded, i.e, the DVD-Rom will be free from defects in material and workmanship. The contents of the software are provided “AS IS” without any warranties of any kind. KUTOKA does not warrant that the operation of the Software will be uninterrupted or error-free.

The entire liability of KUTOKA as to the Software and your exclusive remedy is the replacement of the game. This warranty does not apply to any software or Disk defects that are directly caused by your deliberate or negligent acts.

The toys sold by KUTOKA are not recommended for children under the age of three (3). Kutoka warrants these toys for a period of three (3) months form the date of purchase. This warranty does not apply in the cases where defects are directly caused by deliberate or negligent acts. The warrantee is limited to the exchange of the product that was purchased.

9. Conditions that apply to purchases from kutoka.com

Receipt of an order confirmation does not imply that an order has been accepted. KUTOKA reserves the right to verify the validity of any information provided by the client and can refuse any order.

The prices indicated on the site do not include applicable taxes and shipping costs, which will be added to the invoice unless there is a particular promotion exempting them.

KUTOKA reserves the right to change its prices at any time without notice.

10. Return Policy

Returns of purchases made at kutoka.com. must be done within 30 days of delivery of a shipment, you will need obtain a return authorization number by calling our office at 514.849.4800 and we request that you write it clearly on the package you are returning. All return must be delivered to our offices at 225 Roy Street East, Suite 100, Montreal Quebec H2W 1M5 Canada. Shipping costs are your responsibility unless the goods arrived damaged, in which case Kutoka will assume the shipping costs.

11. Delivery Charges

As soon as your order is approved, it will be processed as quickly as possible by our shipping service and should arrive within 10 working days. However delays to certain areas may be unavoidable. It is possible to request a faster service for a small additional charge, please call us at 514.849.4800 to make arrangements.

If you are an international customer you will be responsible to pay any custom charges that may be applicable.

Sorry, but we cannot accept order that are to be delivered to post office boxes.

12. Policies and modifications

KUTOKA reserves the right to change its policies at any time without notice.