Terms of service
TERMS OF USE
Kurk US LLC
It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete.
IMPORTANT! THESE TERMS OF SERVICE (TOS), also referred to as Terms of Use and used interchangeably, GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY, Kurk US LLC (also referred to in this document as 'we' 'us' 'our' 'our company', 'company').
BY ACCESSING THIS SITE, YOU AGREE TO ABIDE BY THE TERMS OF USE AND YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
Contact Details
Kurk US LLC
Company Address: 254 Chapman Road, Ste 208, Newark, 19702, Delaware
Email Address: talk@kurk.us
Corporate Structure and Data Sharing
Kurk US LLC is a subsidiary of TruthCorp Holdings Limited (the "Parent Company"). References to "our Company," "we," "us," or "our" in these Terms of Use include both Kurk US LLC and TruthCorp Holdings Limited, as applicable.
Data Sharing Within Corporate Group
By using this site and providing your information, you acknowledge and consent to the following:
(a) Your personal information may be shared with, accessed by, and transferred to TruthCorp Holdings Limited and its affiliated companies for the following purposes:
(i) fulfilling your orders and providing customer service;
(ii) internal business operations, administration, and record-keeping;
(iii) marketing and promotional activities (where you have provided consent to receive marketing communications);
(iv) product development and improvement;
(v) analytics and business intelligence;
(vi) compliance with legal and regulatory requirements; and
(vii) any other purpose disclosed in our Privacy Policy.
(b) TruthCorp Holdings Limited and its affiliated companies will handle your personal information in accordance with applicable privacy laws, including the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and our Privacy Policy.
(c) International Transfers: Your personal information may be transferred to and stored in countries where TruthCorp Holdings Limited or its affiliated companies operate, including the United Kingdom, Australia, and other jurisdictions. By using this site, you consent to such transfers. We will take reasonable steps to ensure that your personal information is protected in accordance with applicable laws.
(d) Your Rights: Depending on your state of residence, you may have certain rights regarding your personal information, including the right to know what personal information we collect and share, the right to delete your personal information, the right to correct inaccurate personal information, and the right to opt-out of the sale or sharing of your personal information. For more information about your rights and how to exercise them, please see our Privacy Policy or contact us at talk@kurk.us.
Restrictions On Use
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without our Company's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.
Proprietary Information
The material and content (hereinafter referred to as the "Content") accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates our Company's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
Hyperlinks
This site may be hyperlinked to other sites which are not maintained by, or related to, our Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user's own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by our Company of that site.
Submissions
You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.
Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.
Refund Policy
In the event of being unsatisfied with the quality of the product, please contact us by email within 60 days of receiving the product for a full refund. Import duties are non-refundable.
All of our products carry a 60-day customer satisfaction guarantee. If you are not satisfied, simply return the product for a full refund less any shipping charges. Your acceptance of the terms of purchase means you agree to and understand the refund policy.
If you are shipping an item over $100, you should consider using a trackable shipping service or purchasing shipping insurance. We don't guarantee that we will receive your returned item.
Payments
All products are priced in USD ($). We accept payment via Shopify Payments & PayPal and don't receive your card data. We do not accept bank transfer.
Kurk US LLC reserves the right to select and modify acceptable payment methods.
Billing Information
You are not charged until we have dispatched the items in your order.
Kurk US LLC reserves the right to refuse or cancel any order or service at our discretion. The customer agrees to ensure that all account information is up to date and relevant. Kurk US LLC is not liable for shipments delivered to an incorrect address if the address was entered by the customer.
Kurk US LLC is not responsible for delays or additional costs caused by inaccurate information. In the event that the customer's order or service is canceled, limited, or halted, Kurk US LLC will endeavor within reasonable limits to contact the customer to explain the situation.
Conditions of Use
Products sold by Kurk US LLC may cause sedation or stimulation. Do not drive or operate dangerous machinery if you feel tired after taking these products.
Do not exceed the recommended dosage. Products sold by Kurk US LLC may conflict with your prescription medications. Kurk US LLC does not recommend combining our products with prescription medications unless you are sure there will be no conflict. Always consult your doctor before taking any new product.
The recommended dosage refers to adults only.
Security
Kurk US LLC uses SSL (Secure Sockets Layer) on the checkout pages – this is to protect your personal details, including your physical address and email address.
Products and Services
Kurk US LLC reserves the right to modify or discontinue any product at any given time without any liability to the customer, or any third party.
Kurk US LLC cannot be held accountable for any variation in the color, smell, or flavor of our products. Kurk US LLC products are naturally occurring and are therefore subject to natural variations.
Kurk US LLC reserves the right, but is not obligated, to restrict sales to any individual, third party, jurisdictional region, or geographic region at our discretion.
Pricing
All prices found on the www.kurk.us website (Kurk US LLC) are in USD ($) and all prices are final.
Any additional costs included will be clearly stated.
All prices and information present on the Kurk US LLC website, and any literature derived from it, has been compiled with the greatest of care. However, Kurk US LLC does not guarantee all information is accurate or current.
No information supplied by Kurk US LLC should be taken as advice or medical knowledge, it is for general purpose only. Any decision made based solely on the information on this website is done at your own risk. Further, our products are not sold to cure or assist any medical condition.
Kurk US LLC reserves the right to modify prices without a period of notice.
Microsoft Clarity
We improve our products and advertising by using Microsoft Clarity to see how you use our website. By using our site, you agree that we and Microsoft can collect and use this data. Our privacy statement at https://kurk.us/policies/privacy-policy has more details.
Disclaimer
THE MATERIALS AND CONTENT ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KURK US LLC AND TRUTHCORP HOLDINGS LIMITED DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KURK US LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KURK US LLC OR TRUTHCORP HOLDINGS LIMITED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF KURK US LLC OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KURK US LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR PURCHASING PRODUCTS FROM THIS SITE.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware for any disputes arising out of or relating to these Terms of Use or your use of this site.
Severability
If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect.
Entire Agreement
These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Kurk US LLC regarding your use of this site and supersede all prior agreements and understandings, whether written or oral, regarding the subject matter hereof.
KURK MOBILE MESSAGE PROGRAM
Terms and Conditions
Last updated: January 2025
The Kurk mobile message program (the "Program") is operated by Kurk US LLC ("Kurk", "we", or "us"). Your use of the Program constitutes your agreement to these terms and conditions ("Mobile Terms of Service") and Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may modify or cancel the Program or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms of Service at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.
User Opt In
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. By consenting to Kurk's SMS/text messaging Program, you agree to receive recurring SMS/text messages from and on behalf of Kurk through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Kurk. Your participation in this program is completely voluntary.
User Opt Out
You may opt-out of the Program at any time. Reply the single keyword command STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking - ARRET, DESABONNER, ANNULER, or FIN) or click the unsubscribe link (where available) in any text message to opt out of the Program. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.
You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the keyword commands, and agree that Kurk and its service providers will have no liability for failing to honor such requests.
For Program support or assistance, reply HELP or email talk@kurk.us.
Program Description
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Wellness supplements. Messages may include checkout reminders.
Cost and Frequency
Message and data rates may apply. We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
Message frequency varies. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Our Disclaimer of Warranty
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.
Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. The wireless carriers supported by the Program are not liable for delayed or undelivered messages.
Participant Requirements
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent's or legal guardian's permission to use or engage with the Platform, or are of adult age in your jurisdiction.
Prohibited Content
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, violence, bigotry, hatred, and discrimination; pirated computer programs, viruses, or other harmful code; any unlawful product, service, or promotion; any content that implicates personal health information protected by HIPAA or the HITECH Act; any sensitive personal data; any personal data of people aged under 18 without parental consent; and any other content prohibited by applicable law.
Dispute Resolution (SMS recipients in the USA only)
In the event that there is a dispute, claim, or controversy between you and Us, or between you and Klaviyo or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Newark, Delaware before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Kurk's principal place of business is located, without regard to its conflict of laws rules.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
State Law Provisions
Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.
Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington.
Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents.
Data Sharing
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy. We may share certain information with our service providers, including Klaviyo, and with TruthCorp Holdings Limited and its affiliated companies as described in our Privacy Policy and the Corporate Structure and Data Sharing section of these Terms of Use.
Miscellaneous
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you.
Last Updated: January 2025
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