Terms and Conditions

Welcome to Kimba Bodycare. Kimba Bodycare provides the services and products available on this website to you subject to the following terms and conditions. By accessing or using our website, you are acknowledging that you have read, understand and agree, without limitation or qualification, to be bound by these terms and conditions. If you access only a portion of this site and thereby bypass this agreement, your use of this site still binds you to these terms and conditions. For this reason, we encourage you to review these terms and conditions whenever you use this site. If you do not agree with any of these terms and conditions, do not use the kimbabodycare.com website.

 

Kimba Bodycare reserves the right to change these terms and conditions without prior notice. By accessing this website, you are bound by the most current version of the terms and conditions. For this reason, we encourage you to read these terms and conditions whenever you use this website.

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Intellectual Property and Copyright

All content available on this website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and software, and the compilation thereof (the “Content”) is the property of  Kimba  Enterprises, Llc and is protected by the United States and international copyright laws. The trademarks, logos and service mark displayed on this website (the “Trademarks”) are the registered and unregistered marks of Kimba Enterprises, Llc our affiliates, our licensors or our partners. You may not use Kimba Bodycare, Kimba Enterprises, Llc. or its partners’ or affiliates’ trademarks and trade dress in connection with any product or service without the express permission of Kimba Bodycare or Kimba Enterprises, Llc.

The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use. You may download, print and store selected portions of the Content, provided you (1) use these copies of the Content only for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Kimba Bodycare  and Kimba Enterprises, Llc. retains all its intellectual property rights in any Content you download from this website.

You may not without the prior written permission of Kimba Bodycare and Kimba Enterprises, Llc use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic devices, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this site. You also may not engage in the mass downloading of files from this site, use the computer processing power of this site for purposes other than those permitted above, or flood this site with electronic traffic designed to slow or stop its operation.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Kimba Bodycare and Kimba Enterprises, Llc.

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SMS Marketing

By consenting to Kimba Enterprises' SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

 If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also CONTACT US at for more information. 

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

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Accuracy of Information and Colors

We attempt to be as accurate as possible when describing our products, pricing, and availability on this website. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the website is 100% accurate, complete, reliable, current or error-free.
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Pricing
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The prices displayed on this website are quoted in U.S. dollars and are valid and effective only in the United States.

While Kimba Enterprises, Llc strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event, a product or service is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, Kimba Enterprises, Llc. may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
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Orders
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Kimba Enterprises, Llc.  reserves the right, at our sole discretion, to limit the number of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account or the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.

Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Please also review our shipping and returns policy before you place an order.
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Links to Third Parties
We are not responsible for the content of any other websites linked to or from this website. We provide links on this website for your convenience only and do not endorse the referenced content, product, service or supplier. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of other websites linked to or from this website, nor do we assume any responsibility or liability for the actions, content, products or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. Carefully review the terms and conditions and privacy policies of all other websites that you visit.
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Disclaimers
OUR WEBSITE IS PRESENTED “AS IS.” KIMBA ENTERPRISES, LLC  MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT KIMBA ENTERPRISES, LLC  WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

KIMBA ENTERPRISES, LLC  MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

KIMBA ENTERPRISES, LLC ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.

THE INFORMATION CONTAINED ON THIS WEBSITE REFERENCING INGREDIENTS, PROCESSES, MEDICINES, AND TREATMENTS IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR MEDICAL ADVICE, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. KIMBA  ENTERPRISES, LLC RECOMMENDS SPEAKING WITH YOUR DOCTOR OR PHARMACIST BEFORE CHANGING YOUR PERSONAL CARE REGIMEN OR TAKING ANY DRUGS OR MEDICINES. ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.

Limited Liability
UNDER NO CIRCUMSTANCES SHALL KIMBA ENTERPRISES, LLC OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KIMBA ENTERPRISES, LLC  HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF KIMBA ENTERPRISES, LLC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

Enforcement of Terms and Conditions
BY ACCESSING AND USING THIS WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE ARE SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF GEORGIA, UNITED STATES OF AMERICA.