Terms & Conditions
Introduction
Welcome to www.Koogeek.com! These Terms of Use describe the terms and conditions applicable to your access and use of the website at www.Koogeek.com(referred to as "Site". This document is a legally binding agreement between you as the user(s) of the Site (referred to as "you", "your" or "User" hereinafter) and the Koogeek.com entity listed below (referred to as "we", "our" or "Koogeek.com" hereinafter).
Application and Acceptance of the Terms
Your use of the Site and Koogeek.com's services, software and products (collectively the as the "Services" hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy and any other rules and policies of the Site that Koogeek.com may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the "Terms". By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Koogeek.com, or (b) you are not permitted to receive any Services under the laws of United Kingdom or other countries / regions including the country / region in which you are resident or from which you use the Services.
You acknowledge and agree that Koogeek.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
If Koogeek.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
You may be required to enter into a separate agreement, whether online or offline, with Koogeek.com or our affiliate for any Service ("Additional Agreements"). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
The Terms may not otherwise be modified except in writing by an authorized officer of Koogeek.com.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Koogeek.com, or (b) you are not permitted to receive any Services under the laws of United Kingdom or other countries / regions including the country / region in which you are resident or from which you use the Services.
You acknowledge and agree that Koogeek.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
If Koogeek.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
You may be required to enter into a separate agreement, whether online or offline, with Koogeek.com or our affiliate for any Service ("Additional Agreements"). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
The Terms may not otherwise be modified except in writing by an authorized officer of Koogeek.com.
Users Generally
As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, republish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the "Site Content"), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Koogeek.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Koogeek.com is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
You must read Koogeek's Privacy Policy which governs the protection and use of personal information about Users in the possession of Koogeek.com and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
Koogeek.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' website. You are cautioned to read such website' terms and conditions and/or privacy policies before using the Site. You acknowledge that Koogeek.com has no control over such third parties' website, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such website.
You agree not to undertake any action to undermine the integrity of the computer systems or networks of Koogeek.com and/or any other User nor to gain unauthorized access to such computer systems or networks.
You agree not to undertake any action which may undermine the integrity of Koogeek's feedback system, such as leaving positive feedback for yourself using secondary VIP IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
By posting or displaying any information, content or material ("User Content") on the Site or providing any User Content to Koogeek.com or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Koogeek.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to Koogeek.com that you have all the rights, power and authority necessary to grant the above license.
You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, republish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the "Site Content"), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Koogeek.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Koogeek.com is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
You must read Koogeek's Privacy Policy which governs the protection and use of personal information about Users in the possession of Koogeek.com and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
Koogeek.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' website. You are cautioned to read such website' terms and conditions and/or privacy policies before using the Site. You acknowledge that Koogeek.com has no control over such third parties' website, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such website.
You agree not to undertake any action to undermine the integrity of the computer systems or networks of Koogeek.com and/or any other User nor to gain unauthorized access to such computer systems or networks.
You agree not to undertake any action which may undermine the integrity of Koogeek's feedback system, such as leaving positive feedback for yourself using secondary VIP IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
By posting or displaying any information, content or material ("User Content") on the Site or providing any User Content to Koogeek.com or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Koogeek.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to Koogeek.com that you have all the rights, power and authority necessary to grant the above license.
VIP Accounts
The user must be registered on the Site to access or use some Services (a registered User is also referred to as a "VIP" below). Except with Koogeek.com's approval, one User may only register one VIP account on the Site. Koogeek.com may cancel or terminate a User's VIP account if Koogeek.com has reasons to suspect that the User has concurrently registered or controlled two or more VIP accounts. Further, Koogeek.com may reject User's application for registration for any reason.
Upon registration on the Site, Koogeek.com shall assign an account and issue a VIP ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the VIP to send or receive emails.
A set of VIP ID and password is unique to a single account. Each VIP shall be solely responsible for maintaining the confidentiality and security of your VIP ID and password and for all activities that occur under your account. No VIP may share, assign, or permit the use of your VIP account, ID or password by another person outside of the VIP's own business entity. VIP agrees to notify Koogeek.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
VIP agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the VIP.
VIP acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple uses"), may cause irreparable harm to Koogeek.com or other Users of the Site. The VIP shall indemnify Koogeek.com, our affiliates, directors, employees, agents, and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple uses of your account. VIP also agrees that in case of the multiple uses of your account or VIP's failure to maintain the security of your account, Koogeek.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate VIP's account without liability to VIP.
Upon registration on the Site, Koogeek.com shall assign an account and issue a VIP ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the VIP to send or receive emails.
A set of VIP ID and password is unique to a single account. Each VIP shall be solely responsible for maintaining the confidentiality and security of your VIP ID and password and for all activities that occur under your account. No VIP may share, assign, or permit the use of your VIP account, ID or password by another person outside of the VIP's own business entity. VIP agrees to notify Koogeek.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
VIP agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the VIP.
VIP acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple uses"), may cause irreparable harm to Koogeek.com or other Users of the Site. The VIP shall indemnify Koogeek.com, our affiliates, directors, employees, agents, and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple uses of your account. VIP also agrees that in case of the multiple uses of your account or VIP's failure to maintain the security of your account, Koogeek.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate VIP's account without liability to VIP.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY Koogeek.COM ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", AND Koogeek.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Koogeek.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; Koogeek.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND Koogeek.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to Koogeek's computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Koogeek.com or through or from the Site shall create any warranty not expressly stated herein.
Each User hereby agrees to indemnify and save Koogeek.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Services (including but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Koogeek.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Koogeek.com, including but not limited to those set forth in Section 5 hereunder.
Each User hereby agrees to indemnify and save Koogeek.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Services (including but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Koogeek.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Koogeek.com, including but not limited to those set forth in Section 5 hereunder.
Koogeek.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
the use or the inability to use the Site or Services;
any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
unauthorized access by third parties to data or private information of any User;
statements or conduct of any User of the Site;
any matters relating to Services, however, arising, including negligence.
The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Koogeek.com has been advised of or should have been aware of the possibility of any such losses arising.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Koogeek.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; Koogeek.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND Koogeek.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to Koogeek's computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Koogeek.com or through or from the Site shall create any warranty not expressly stated herein.
Each User hereby agrees to indemnify and save Koogeek.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Services (including but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Koogeek.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Koogeek.com, including but not limited to those set forth in Section 5 hereunder.
Each User hereby agrees to indemnify and save Koogeek.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Services (including but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Koogeek.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Koogeek.com, including but not limited to those set forth in Section 5 hereunder.
Koogeek.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
the use or the inability to use the Site or Services;
any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
unauthorized access by third parties to data or private information of any User;
statements or conduct of any User of the Site;
any matters relating to Services, however, arising, including negligence.
The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Koogeek.com has been advised of or should have been aware of the possibility of any such losses arising.
Copyright and Patents
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Koogeek.COM or its content suppliers and protected by international copyright laws. The use of any Koogeek.COM trademark or service mark without our express written consent is strictly prohibited.
Force Majeure
Under no circumstances shall Koogeek.com be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
General Provisions
Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Koogeek.com with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
Koogeek.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Koogeek.com's failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Koogeek.com's right to act with respect to subsequent or similar breaches.
Koogeek.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Koogeek.COM). You may not assign, in whole or part, the Terms to any person or entity.
Any dispute relating in any way to your visit to Koogeek.COM or to products or services sold or distributed by Koogeek.COM or through Koogeek.COM shall be submitted to CIETAC, United Kingdom Sub-Commission for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The number of arbitrators shall be one; The place of arbitration shall be the United Kingdom; The language to be used in the arbitral proceedings should be English. The arbitral award is final and binding upon both you and Koogeek.
Koogeek.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Koogeek.com's failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Koogeek.com's right to act with respect to subsequent or similar breaches.
Koogeek.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Koogeek.COM). You may not assign, in whole or part, the Terms to any person or entity.
Any dispute relating in any way to your visit to Koogeek.COM or to products or services sold or distributed by Koogeek.COM or through Koogeek.COM shall be submitted to CIETAC, United Kingdom Sub-Commission for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The number of arbitrators shall be one; The place of arbitration shall be the United Kingdom; The language to be used in the arbitral proceedings should be English. The arbitral award is final and binding upon both you and Koogeek.
Changes to Our Terms of Use
If we decide to change our Terms of Use, we will update the Terms of Use modification date below.
Last Modified: 29/6/2018
Last Modified: 29/6/2018
Contact Us
If you have any questions about our Terms of Use, please contact us at support@Koogeek.com.