Terms and Conditions
We want to offer our user's the highest quality experience at Kagoo.com. The spirit of Kagoo is to be an open and friendly community where users are encouraged to submit and share information. We promise to be honest, fair and reasonable with all of our users, but in return we ask that you do not abuse our trust when using Kagoo.com. In particular:
- Please note that we are a comparison website and we do not sell products. Any enquiries regarding sales, delivery, returns etc. should be directed to the retailer that you bought the product from.
- We process millions of pieces of product data every day. Whilst we make every effort to compile accurate product specifications, reviews and prices, we cannot guarantee the accuracy or reliability of these reviews and we urge users to undertake their own product research prior to purchase. If you find any inaccuracies in the product data please report these back to us by clicking the appropriate edit button or emailing Kagoo<info[at]kagoo.com>.
- We encourage the posting of information, reviews and recommendations about products but please do not post information on the site which is inaccurate, malicious or offensive.
- Do not post photos or videos containing links to other websites within the image. These will be deleted without notice.
- If you believe that any information on Kagoo.com breaches these terms and conditions then please report the offending page to us either by clicking 'report!' or by emailing a link to the page to Kagoo<info[at]kagoo.com>
1 Legal information
1.1 The website Kagoo.com is owned by Kagoo Ltd which is a UK registered company. All references to Kagoo within these Terms & Conditions shall mean Kagoo Ltd and its parent companies, subsidiaries or related entities responsible for maintaining our web site and publications, and its directors, officers, employees and agents.
1.2 Your continued use of Kagoo.com constitutes your acceptance of these Terms & Conditions and the other notices on Kagoo.com. Should you object to any of the conditions in the notices on Kagoo.com your sole option is to immediately cease your use of the web site.
1.3 Information on Kagoo.com and in any Kagoo publication should not be regarded as a substitute for professional legal or financial advice.
1.4 Kagoo endeavours to ensure that all information provided on Kagoo.com is accurate. However, no warranty is made as to the accuracy or reliability of the information contained therein and Kagoo disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from Kagoo.com or our publications.
1.5 Kagoo does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Kagoo.com website may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law Kagoo excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
1.6 Nothing in these Terms and Conditions shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, Kagoo will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement.
1.7 Kagoo also has no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
1.8 In the event that you have any right, claim or action against any other user arising from that user's use of the Kagoo.com website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Kagoo (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
1.9 If any provision of these Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that these Terms & Conditions and all incorporated agreements may be automatically assigned by Kagoo, in our sole discretion, to a third party in the event of a merger or acquisition or any other event.
1.10 Kagoo retains all right, title, and interest in and to the Kagoo.com web application software, and any rights not granted to you herein are reserved by Kagoo. You may not reverse engineer, disassemble, decompile, or translate the software, or otherwise attempt to derive the source code of the software, except to the extent allowed under any applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to Kagoo and shall be deemed to be the confidential proprietary information of Kagoo.
2 User accounts
2.1 Kagoo reserves the right at their sole discretion to remove any user account and any data associated with those accounts for any reason and without any compensation or repayment of fees.
2.2 Users who abuse the Kagoo.com website through malicious activities, or by posting offensive remarks, photos or videos to the website will be removed from the site without notice.
2.3 Without limiting any other remedies, Kagoo may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Kagoo.com website.
3 Your information
3.1 Information which you post on Kagoo.com and your activities on our site must not:
- be false, inaccurate or misleading;
- be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
- infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
- be fraudulent or involve counterfeit or stolen items;
- be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
- be obscene, indecent or contain child pornography;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms & Conditions;
- contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- cause the Kagoo.com website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Kagoo.com website is in any way impaired.
3.2 You grant Kagoo a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in your information posted to Kagoo.com, in any media now known or not currently known. You also waive all moral rights you have in your information posted to Kagoo.com to the fullest extent permitted by law.
3.3 By accepting these Terms and Conditions, you agree that, with respect to other users' personally identifiable information that you obtain through the Kagoo.com website you may only use such information for a genuine Kagoo-facilitated transaction or any other purpose that such user expressly agrees to.
4.1 The subject matter on and accessible from the Kagoo.com web site and publications is copyright. Apart from fair dealing permitted by the UK copyright legislation, Kagoo grants visitors to the site permission to download copyright material only for private purposes. For reproduction or use of our copyright material beyond such use, written permission must be obtained directly from Kagoo or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
5 Third party links and advertising
5.1 The Kagoo.com web site often includes advertisements, hyperlinks and pointers to web sites operated by third parties. Those third party web sites do not form part of the Kagoo.com web site and are not under the control of or the responsibility of Kagoo. When you click on a link to those web sites you leave the Kagoo.com web site and do so entirely at your own risk. A display of advertising or links does not imply an endorsement or recommendation by Kagoo. for further information on these links please visit http://paidforadvertising.co.uk/..
6.1 Your use of the Kagoo.com web site and all of our legal notices will be governed by and construed in accordance with the laws of England and Wales, and by using our websites you irrevocably and unconditionally submit to the jurisdiction of the courts of England.
7 Fees & services
7.1 Using Kagoo is generally free, but we may sometimes charge a fee for certain services. Our fees are quoted in a number of local currencies and we may change our fees from time to time.
7.2 We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
7.3 Our fees are non-refundable.
8 Product information and prices
8.1 Product specifications and other information have either been made accessible by suppliers, manufacturers, merchants, publications, publicists; or been gathered from public-domain sources. The intention of Kagoo.com is that all information on the website should be as accurate and up-to-date as possible. However, Kagoo cannot guarantee the reliability or the accuracy of the information contained within its pages. We urge our users to conduct their own research prior to purchasing from the stores listed on our service to ensure the accuracy of the prices. All the actions taken by the user of the website are the responsibility of the individual. Kagoo cannot make any guarantees that any information is correct or be held liable for any actions taken based on the product and pricing information provided.
8.2 Merchants listed on the Kagoo.com site are independent third parties and Kagoo is not acting as a principal, agent or broker with respect to any advertisers. Your relationship with any merchant you contact through this site is solely between You and the merchant. You agree not to hold Kagoo liable for any loss or damage of any sort incurred as the result of any business conducted with our merchants or as the result of the content provided by such merchants through the Site.
9 Photoclaim, Picscout, Fechner Legal
9.1 Photoclaim, Picscout, Fechner Legal and their clients, subsidiaries, agents, or assigns are strictly prohibited from accessing kagoo.co.uk and kagoo.com or any of the resources stored on our servers. By accessing our website or by crawling our server then you are accepting these terms and conditions. If you are accessing any of our data either by browsing our website or crawling our server we request that you immediately cease and desist from doing so. By accessing our site you agree to our recording of the date and time of your access for the purposes of enforcing these terms and conditions.