Website Terms and conditions
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name kraboo.com (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Kraboo (Provider).
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3 The Provider may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 You are not permitted to print and download extracts from the Website for your own or commercial use on the following basis:
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Provider. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Provider’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service access
3.1 While the Provider endeavours to ensure that the Website is normally available 24 hours a day, the Provider shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Provider’s control.
4. Visitor material and conduct
4.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) For which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Provider shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
5. Links to and from other websites
5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Provider has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Provider therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
5.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Kraboo logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that the Provider is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Provider nor present any other false information about the Provider;
(e) you do not otherwise use any the trading name of the Provider displayed on the Website without express written permission from the Provider;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 The Provider expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Provider for any loss or damage suffered by the Provider for breach of clause
6.1 Each registration is for a single user only. The Provider does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued or submitted rests with you.
7.1 While the Provider endeavours to ensure that the information on the Website is correct, the Provider does not warrant the accuracy and completeness of the material on the Website. The Provider may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Provider makes no commitment to update such material.
7.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Provider provides you with the Website on the basis that the Provider excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.
8.1 The Provider excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
8.2 The provider makes no assurances to any person(s) who post adverts or respond to adverts.
8.3 We will not be liable or responsible for any matter arising out or in connection with events outside our reasonable control, including without limitation:
- (a) strikes, lock-outs or other industrial action;
- (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
- (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
- (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
- (e) impossibility of the use of public or private telecommunications networks.
each a (“Force Majeure Event”).
8.4 Our obligations shall be suspended for the period that the Force Majeure Event continues, and we will extent the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms can be performed despite the Force Majeure Event.
8.5 Access to kraboo.com is permitted on a temporary basis. We reserve the right to interrupt, withdraw or amend the Service without notice. For example, if it is necessary or desirable for us to interrupt the Service (for example for routine maintenance and upgrades) then we may do so without telling you first.
8.6 You agree that we are not liable to you for any loss whether foreseeable or not arising out of or in connection with unavailability or interruption of the Service except that, if you are a Featured Advert User or an Advertiser and the Service has been unavailable for a continuous period of 5 days your only remedy is to terminate your contract and we will refund the unused portion of your fees.
- Banner Advertising
This forms part of the terms and conditions for kraboo.com (provider) and the Client (advertiser) for all banner advertising associated with this website (kraboo.com).
(a) “Social Media” shall mean all forms of social media such as Facebook, Google+, LinkedIn etc
(b) “Ads” shall mean online advertisements.
(c) “PPC” , “CPC” shall all mean Pay Per Click advertising.
(d) “CPD” shall mean Cost per Day.
(e) “PPV”, “PPM”, “PPI”, “CPI”, “CPM” shall all mean Cost Per View advertising.
(f) “Display Ads” shall means advertisements promulgated by any display networks.
(g) “SEO” shall mean Search Engine Optimisation.
(h) “Video Advertising” shall mean advertising on Youtube.com, Vimeo.com or any other similar public or private video website.
This Advertising Agreement shall commence on the date of its execution and shall have effect until any of the following occurrences at which point the Agreement will end:
(a) The failure of the Company to pay any fees due under this Agreement within 60 (sixty) days of them falling due provided that such delay was not expressly agreed between the Parties.
(b) The provision of 14 (fourteen) days’ notice in writing by either Party.
(c) The end of the agreed advertising paid dates.
(d) Any violation of our terms in clause 4.2, 4.3 could result in termination of all contracts and may result in no refund of any monies owed.
9.3 WARRANTIES AND INDEMNITIES
It is agreed that:
(a) Both Parties warrant that they have the necessary power and approval to enter into an Advertising Agreement.
(b) Both Parties warrant that they are not aware of anything in their reasonable control which will or could have an adverse effect upon their ability to perform their respective obligations under this Advertising Agreement.
(c) The Advertiser undertakes to pause or stop all advertising on the express instruction of the provider in writing.
(d) The provider undertakes to pay all Fees promptly and not to unreasonably withhold payment.
(e) The Advertiser warrants that he/she will use only 1) material expressly authorized by the provider or 2) entirely original material and will not infringe the copyright of any third-party.
(f) The Advertiser warrants the he/she will not use any false or misleading statements in their advertisements whether by statement, act, omission or implication.
(g) The Advertiser warrants that he/she will not use any vulgar, offensive or disreputable means of advertising.
(h) The Advertiser agrees to indemnify and keep indemnified the provider against any and all losses howsoever arising as a result of a breach of clause 9.3 (e), clause 9.3 (f) or clause 9.3 (g).
(i) The Advertiser acknowledges that he/she does not have the right to bind the provider.
(j) Both Parties warrant that they will not do anything to hinder or adversely affect the execution of the other Parties’ duties under the Agreement.
9.4 The Advertising Agreement is made under the exclusive jurisdiction of the laws of all countries.
9.5 Disputes under this Advertising Agreement shall be subject to the exclusive jurisdiction of the courts of all countries.
10. Data Protection Notice
Kraboo observes its obligations for Data Protection. Any data collected is processed in a way that observes the data subject rights under any Act including that it is not kept longer than is necessary is processed for the limited purpose for which the data subject has used Kraboo Services. All data is kept secure.
11. Refund policy
11.1 All refunds are dealt with on a case by case basis. Refunds are at the discretion of the management.
Copyright Notice Effective 1 October 2018
All aspects of this web site – design, text, graphics, applications, software, underlying source code and all other aspects – are copyright www.kraboo.com and its affiliates or content and technology providers.
In accessing these web pages, you agree that any downloading of content is for personal, non-commercial reference only. No part of this web site may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of the Website Owner.
For rights clearance please contact us.