Terms of Service

1. Terms

By accessing PhillyKappas.org, the web site of The Philadelphia Alumni Chapter of Kappa Alpha Psi, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on The Philadelphia Alumni Chapter of Kappa Alpha Psi’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to de-compile or reverse engineer any software contained on The Philadelphia Alumni Chapter of Kappa Alpha Psi’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Philadelphia Alumni Chapter of Kappa Alpha Psi at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on The Philadelphia Alumni Chapter of Kappa Alpha Psi’s web site are provided “as is”. The Philadelphia Alumni Chapter of Kappa Alpha Psi makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchant-ability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Philadelphia Alumni Chapter of Kappa Alpha Psi does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall The Philadelphia Alumni Chapter of Kappa Alpha Psi or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on The Philadelphia Alumni Chapter of Kappa Alpha Psi’s Internet site, even if The Philadelphia Alumni Chapter of Kappa Alpha Psi or a The Philadelphia Alumni Chapter of Kappa Alpha Psi authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on The Philadelphia Alumni Chapter of Kappa Alpha Psi’s web site could include technical, typographical, or photographic errors. The Philadelphia Alumni Chapter of Kappa Alpha Psi does not warrant that any of the materials on its web site are accurate, complete, or current. The Philadelphia Alumni Chapter of Kappa Alpha Psi may make changes to the materials contained on its web site at any time without notice. The Philadelphia Alumni Chapter of Kappa Alpha Psi does not, however, make any commitment to update the materials.

6. Links

The Philadelphia Alumni Chapter of Kappa Alpha Psi has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Philadelphia Alumni Chapter of Kappa Alpha Psi of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

The Philadelphia Alumni Chapter of Kappa Alpha Psi may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to The Philadelphia Alumni Chapter of Kappa Alpha Psi’s web site shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions.

9. Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with PhillyKappas.org you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. PhillyKappas.org retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be PhillyKappas.org or may in some cases be a third party. Where a contract is made with a third party PhillyKappas.org is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

  1. Our Contract
    When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
  2. Pricing and Availability
    Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
    Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
  3. Payment
    Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

10. Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law PhillyKappas.org and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect PhillyKappas.org‘s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

 

11. Indemnity

You agree to indemnify, defend and hold harmless PhillyKappas.org, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

12. Variation

PhillyKappas.org shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

13. Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

14. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

15. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

16. Photo Release Waiver

You hereby grant the Philadelphia Alumni Chapter of Kappa Alpha Psi Fraternity, Inc and related entities including, but not limited to PhillyKappas.org, Kappa Alpha Psi Fraternity, Inc, Philadelphia Alumni Chapter Housing Corporation and The Achievement Academy collectively referred to as Philadelphia Alumni permission to use your likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.

You understand and agree that all photos will become the property of the Philadelphia Alumni and will not be returned.

You hereby irrevocably authorize the Philadelphia Alumni to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, You waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of the photo.

You hereby hold harmless, release, and forever discharge Philadelphia Alumni from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization.

To void only this item (16. Photo Release Waiver), you must complete the form located at https://phillykappas.org/optout/.

17. Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and PhillyKappas.org. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of PhillyKappas.org.