By entering koalaeye.co.uk website, www.koalaeye.co.uk (the “Site”), you acknowledge and agree to be bound and abide by these Terms of Use and the Company’s Privacy Policy. When you use the services (the “Services”), you are agreeing to these terms, so please do not use the Services if you do not agree. If you do not agree to these Terms of Use and the Privacy Policy, do not enter the Site. Before using any of the Services provided on this Site, please read these Terms of Use.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK
Eligibility
We only permit individuals who are at least eighteen (18) years old and can form legally binding contracts with us to use the Services. If you are under eighteen (18) years old and would like to use the Services, you can, but only if a parent or legal guardian who is at least eighteen (18) years old supervises you. In all cases, the adult would need to be the user and is responsible for any and all activity on the Site.
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms of Use. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria. We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).
Privacy Policy
The Company respects your privacy and permits you to control the treatment of your Personal Information. A complete statement of the Company’s current Privacy Policy can be found below. The Company’s Privacy Policy is expressly incorporated into this Agreement by this reference. When you are required to open an account to use or access the Site or service, you must complete the registration process by providing complete and accurate information on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of anyone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, user name, or password. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Electronic Communications
When you use any service on the Site, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright and Trademarks
All Site Content (other than links to unrelated third-party websites) is either owned or controlled by the Company, used under license to the Company or otherwise used with permission, and is protected by applicable intellectual property laws (including trade dress, copyright, patent and trademark laws). For purposes of these Terms of Use, “Content” means and includes, without limitation, all audio, video, artwork, text, graphics, images, photographs, computer code, the “look and feel” of the Site, user and visual interfaces, trademarks and logos. Unless specifically provided for on the Site, you may not reproduce, copy, post, modify, mirror, transmit, republish, upload, download, publicly display, encode, translate, transmit or distribute in any way any Content or portion of this Site without the express prior written consent of the Company, which consent may be given or withheld by the Company in its sole and absolute discretion.
Use of Site
You shall not post or transmit to this Site any information or materials to which you have no rights and/or any information or materials that are obscene, profane, pornographic, defamatory, libelous, unlawful, threatening or objectionable (including, without limitation, any materials that could encourage unlawful or criminal conduct, the excessive consumption of alcohol, or anything that is defamatory to the Company or to any other third party). While the Company may from time-to-time review materials posted to the Site by users, the Company is not responsible for any such materials posted by users. The Company shall have the right at any time and from time to time to disclose any information it deems necessary to satisfy any law, regulation or government request, and to edit, refuse to post, or remove any information or materials, in whole or in part, that in the Company’s sole and absolute discretion is objectionable.
The materials and information provided by you (no matter how or in what manner transmitted or provided) to this Site shall not be treated as, or considered to be, either confidential or proprietary in any way and may be used by the Company at any time for any reason and without compensation to you. You shall take any and all actions that we deem reasonably necessary to give effect to or otherwise perfect the rights granted to the Company hereunder. The Company reserves the right to remove any photographs posted to the Site at any time for any reason.
Intellectual Property Infringement
It is the Company’s policy to remove from the Site any materials known by the Company to infringe upon the intellectual property rights of a third party. If you believe that any materials on the Site infringe upon a third party’s intellectual property rights, please provide the Company with written notice containing the following information (at a minimum): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company shall, as soon as practicable following receipt and verification of any such alleged infringement, remove or disable any material that is the subject of such claimed infringement.
Sale of Products
From time to time, products may be offered for sale on the Site. Upon initiating a product purchase on the Site, you may be asked to supply certain Personal Information (as defined in the Privacy Policy). The use of that Personal Information shall be governed by the terms of the Privacy Policy. Verification of your Personal Information may be required before we can acknowledge and complete any such purchase. Your submission of such Personal Information to the Site constitutes your representation and warranty that the payment information you provided is yours and that you have the legal rights to the use thereof. We have the right at any time to refuse to permit a purchase of any product offered for sale on the Site for any reason. It shall be your responsibility to pay the applicable price (including all fees and other charges such as shipping and handling and taxes) in effect at the time of purchase for products purchased from the Site. Except as otherwise specified herein or required by applicable law, all sales through the Site are final and all costs and charges are non-refundable; and your sole and exclusive remedy for products that are not delivered within a reasonable period of time shall be the replacement of such product or a refund of the purchase price paid for such product.
If products are made available for download from the Site, then your payment for and downloading of such products shall not constitute a grant or waiver by the Company or any other person of any intellectual property rights with respect thereto or with respect to any intellectual property rights embedded therein.
Account Registration
You can maneuver most of the Services without creating a user account (” Account”). Other features, however, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You may never use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.
You can always delete your Account by emailing us at service@koalaeye.com
Termination of Use
The Company may, in its sole and absolute discretion, terminate your right to use this Site at any time, with or without cause or notice. All representations, warranties and promises made by you shall survive such termination.
