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Terms of Use (Terms)
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Last Published: August 16th, 2010 |
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Overview
These "Terms of Use" are the terms on which this website: http://www.kookeekoo.co.uk (the "Website") and Services (as defined below) are made available to you. By accessing the Website or using the Services, you agree to be bound by these Terms of Use, so please read them carefully and if necessary print out and save a copy of them.
If you do not accept these Terms of Use, you must immediately cease using the Website and/or Services.
In these Terms of Use "you" means the individual accessing the Website or using the Services and "kookeekoo" or "we" or "us" means Special K Projects (UK), except where a Service is provided by another Special K Projects company in which case such references shall be references to that Special K Projects company.
Changes to these Terms of Use
We are constantly looking for new ways to improve the Website and Services we provide to you. We therefore reserve the right to amend these Terms of Use at any time. All such changes will take effect once they have been posted on the Website and you will be deemed to have accepted any such changes by your use of the Website or the Services from such time.
Description of Services
We provide you with a number of online resources, including but not limited to search functionalities using key words or product categories, content, shopping merchant and product reviews, buyer's guides and other communication tools (the "Services") to allow you to find and compare brands and online retailers.
Privacy Policy
You must read our Privacy Policy (http://www.kookeekoo.com/privacy) which contains important information about the use of your personal data and other information regarding your privacy and our data policies.
User Conduct
You agree to not access the Website and/or use the Services to: (a) harm minors in any way; (b) interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services; (c) intentionally or unintentionally violate any applicable law or regulation including; (d) extract, collect, process, combine or store personal data about other users; or (e) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website
Responsibility for Content
We provide lists of brands and online retailers and other related content ("Website Content"). Our inclusion of Website Content is for informational purposes only and does not imply any endorsement of any products, Merchants or other services offered by such Merchants. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the Website Content will be free from errors or omissions and we accept no liability for any inaccuracies or mistakes in any Website Content.
Content related to Financial Services
In respect of any Website Content or Services in respect of financial services, investment or trading, such Website Content or Services are provided for informational purposes only, and no such Website Content or Services are intended for trading or investing purposes. We shall not be responsible or liable for the accuracy, usefulness or availability of any such information transmitted on the Website or via the Services, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Access to Website and Services
Whilst we will try to ensure that the Website will be available uninterrupted and in a fully operating condition, we cannot guarantee this. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
We will make every effort to provide you with the latest and most accurate information and data possible.
Changes to Website and Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) or to launch new services, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services.
External Links
We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and you agree that you will not involve us in any dispute between you and any third party.
Copyright
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights including, without limitation, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the Website and its contents.
You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
Compensation
You agree to compensate us and our subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, from any claim or damages (including any legal fees in relation to such claim or damages), made by any third party in respect of any matter in relation to or arising from your use of the Website including any breach or suspected breach of these Terms or your violation of any law or the rights of any third party.
Our Legal Obligations and Limits on Liability
Nothing in these Terms of Use shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence by us, our employees or agents.
We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
We shall only be liable for losses you suffer as a result of us breaking these Terms of Use if the losses are a foreseeable consequence of us breaking the Terms of Use. Losses are unforeseeable where they could not be contemplated by you and us at the time the Terms of Use were entered into by you. We are not responsible for any indirect losses which are not foreseeable by you and us (such as loss or profits and loss of opportunity).
Copyrights and Copyright Agents
If you believe that any of your intellectual property rights have been infringed by any User Content or Website Content, please send notice of such alleged infringement to us.
General Information
These Terms of Use and any additional terms and conditions referred to in them constitute the entire agreement between you and us and govern your use of the Website and the Services, superseding any prior agreements between you and us.
In the event of any dispute between you and us concerning these Terms of Use, the laws of England and Wales will apply. If you wish to take court proceedings against us, you must do so within England and Wales. Any failure by us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use continue to apply.
Neither you nor Special K Projects may assign or transfer any rights or obligations under these Terms of Use without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of its affiliated companies. |
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