TERMS & CONDITIONS
1.0 Basic terms – the services:
1.2 You hereby warrant that you alone are responsible for your use of the Services, for any Content or feedback you post to the Services, and for any consequences of those postings. The Content you submit, post, or display could be viewable by other users of the Services and you should only provide Content that you are comfortable sharing with others and which do not cause distress, alarm or otherwise offend other users or persons (whether living or dead). This website is intended for use by persons aged 18 years and over.
1.3 You hereby warrant that you have legal capacity to form a binding contract with us. If you are accepting these Terms and using the Services on behalf of a company, organisation, partnership, co-operative, government, or other legal entity, you declare and warrant that you are authorised to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations applicable to your country of domicile.
1.4 We act as an intermediary sales platform or conduit, between the Sellers (brands and designers) of goods on our website, and prospective Buyers viewing and using the site. The Users open an account with our website and transact business. We are paid a commission on the sales amount transacted. We may also at times offer our own supplied goods and services for sale to Users of the website. The Goods and Services we provide continually evolve and the form and nature of the Services we offer may alter or change from time to time without prior notice being given. We reserve the right to alter, suspend, stop or otherwise change the provision of our Services, either to all or individual users at our sole discretion at all times.
1.5 The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of such information on the Services are subject to change. Such advertisements are usually paid for. You agree that we can exercise our right to display and offer such services at our sole discretion.
2.0 Our services provision & content:
2.1 We are committed to providing a safe, educational, informative, personally stylised and fun experience for users of our Services. All Content, whether publicly posted or privately, is the sole responsibility of the person who originated such Content. We may not monitor or control all the Content which is posted via our Services and do not take responsibility for such Content. Any use or reliance on any Content or materials or product information posted via the Services or obtained by you through the Services is your responsibility and at your own risk.
2.2 In any event, we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content, advertisement or communications posted via the Services or endorse any third party opinion/s announced, posted, discussed or otherwise posted via our Services. You agree and warrant that you will not publish, post or otherwise display, or cause to be published, posted or displayed, any content that might infringe any applicable laws, regulations or third party rights, and that you will not use or originate any material which is obscene, indecent, pornographic, seditious, offensive, sexist, homophobic, defamatory, threatening, liable to incite racial or religious hatred, menacing, blasphemous, in breach of any third party intellectual property rights, and you warrant that any third party material used is not illegal to use. You may not publish or cause to be published via our site, any material which is harmful, deliberately inaccurate, libellous or otherwise inappropriate, or in some cases, material which is otherwise deceptive or purports to represent the identity of another person, body or legal entity.
2.3 Under no circumstances will we be liable in any way for any Content claims, including, but not limited to, any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
2.4 We reserve the right to edit, prevent or remove any posting or advertisement in our absolute discretion, which we believe violates our guidelines, or which we consider to be undesirable, or if requested with genuine cause for concern or complaint from any individual, celebrity, organisation, legal entity or court order.
3.0 Your rights under these terms:
3.1 At all time you retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services however, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute any such Content in any and all media or distribution methods (now known or later developed).
3.2 You agree this includes the right for Us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organisations, entities or individuals who may partner with Us for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. These additional uses by us or other companies, organisations may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through our Services.
3.3 Your Content may be shortened or adapted by Us in order to transmit, display or distribute it over computer networks and in various media in the best possible way and appearance, or to enable it to conform or otherwise adapt to any requirements or limitations of any networks, devices, data storage, services or media.
3.4 You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to personal infringement liability. We will not be responsible or liable for any use of your Content in accordance with these Terms. You hereby warrant that you have all the necessary rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
4.0 Your use of our services, IP rights, delivery & refunds:
4.1 At our sole discretion, and for an indeterminate time, we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you to use our Website and Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services only in the manner permitted by these Terms. We reserve the right to withdraw such permission to use at any time, in our absolute judgement.
4.2 All right, title, and interest in the Services (excluding the aforementioned Content provided by our users) are and will always remain the exclusive property of Kwaleo Ltd and its licensors. The Services may be protected by copyright, trademark, and other laws. Nothing in the Terms gives you an absolute right to use our name or any trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation, acknowledgement or recompense to you.
4.4 We make a charge to Users of Our Services for the goods and products featured and bought, of the transaction value including shipping/ delivery cost. Such charges are automatically generated by our system and notified to you. You hereby agree that you will pay these charges to us. We may also make available advertising opportunities to our featured trading partners at the relevant advised rates, which may vary depending on the size and the page positioning requested. You hereby agree that you will pay any and all advertising costs due to Us.
4.5 Regarding delivery of items and any returns or refunds. We do not hold any physical stock. All Products ordered via our website are despatched directly from the Supplying trading partner member similar to a ‘dropshipping’ arrangement. The delivery and shipping facility will be provided by a variety of different shippers (e.g. DHL, Aramex, UPS, Royal Mail etc), and the method of delivery will be chosen by the Buyer according to their preferences on their Order form. The delivery service will collect goods from the Seller’s premises and then deliver it to the Buyer (“Customer”). The cost of shipping is charged when the Customer pays for the product. Kwaleo.com takes no liability for any of the goods shipped through the shipping companies, and in the event of any loss or damage, any dispute will have to be raised with the Shipping company or the Supplier directly. The Suppliers may also have an option of arranging such shipment of Goods ordered, via their own by Shipping company not listed on Our website. In that case Buyers can also raise any issues regarding delivery times or losses/ damages directly with the Supplier and/or their Shipping agents, for which kwaleo.com takes no liability.
4.6 As all Products and or services are ordered and supplied directly between Buyer and Seller via Our website, we are not liable under the Consumer Contract Regulations or Direct Selling Regulations in respect of any transaction. In the event of any disputes or return of goods/Products, the Buyer agrees to be bound by the terms and conditions of the Supplier’s own terms regarding refunds or returns. In the event of any refunds or returns, you should acquaint yourself with the returns policy of the Supplier.
4.7 In any event and at all times, no refunds can be given in respect of any advertising or sales banners placed on our website. As these are individually crafted for the individual advertiser, they are classed as customised or bespoke services and are incapable of being afforded any refund under the CC Regulations or the DS Regulations, unless there is a clear error or mistake in their construction by us, ie wrong information displayed or advertised which was not in line with the information You supplied to Us.
4.8 Your statutory rights are not affected by Clauses 4.5 – 4.8 above.
5.0 Restrictions as to content and use our services:
5.1 We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim any usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms, including investigation of potential violations (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of our Services, users and the public at large.
5.2 You may not do any of the following while accessing or using the Services: (a) access, or attempt to tamper with, or use non-public areas of the Services, Our storage or computer systems; (b) probe, scan, or seek to ‘test’ the vulnerability of our system or network or breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available access we give You, unless you have been specifically allowed to do so in a separate agreement with Us. ‘Scraping’ the Services without our prior consent of is expressly prohibited; (d) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (e) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, Trojan, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of any prejudicial to the smooth operation of our Services (f) impersonate our Service or cause any ‘copy-cat’ app or website to be created that appears, looks or purports to be providing our Service.
6.0 Copyright, IP and counterfeits policy statement:
6.1 We always seek to respect the intellectual property rights of others. We encourage and expect our Service Users to do the same. We will robustly respond to any given notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
6.2 If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (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 us to locate the material; (d) your contact information, including your address, telephone number, and an email address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised 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 or other related penalties, that you are authorised to act on behalf of the copyright owner.
6.3 We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without any liability to you. We reserve the absolute right to terminate a user’s account if the user is determined in our absolute judgement, to be a repeat infringer or continued risk to our platform or other Users.
6.4 Our designated contact for giving notice of any alleged copyright infringement/s appearing on our Services is: firstname.lastname@example.org
6.5 The copyright, trademarks and trading styles of any third party mentioned or displayed by us via our Services is hereby and expressly acknowledged as belonging to their respective owners.
6.6 We do not knowingly allow counterfeit or imitation Products to be sold via our website. We will without notice, cancel any listings or offers that we believe in our absolute judgement to be promoting fake or dubious goods. Should you as a User suspect that any Products being offered for sale via our website are counterfeit or pirated, then you should contact us immediately at email@example.com for our investigation and action. In any event, we will not be liable in any way for any item/s supplied that should turn out to be counterfeited. Any dispute will be between you and the Supplier. You should always be diligent and check that you are happy with the provenance of any goods or Products You wish to purchase.
7.0 Termination or ending of these terms:
7.1 The Terms will continue to apply whilst you use our Services, unless terminated by us or discontinued or terminated by you by deactivating your account/s and discontinuing your use of our Services. In order to use the Services You will need to open an account with our website. You do not need to specifically inform us when you start or stop using the Account or Services. If you stop using our Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity (3 months or more). In such event, we reserve the right to reclaim any username registered and used with that account and/or refuse to renew any future registrations from you in our absolute judgement.
7.2 We may suspend or terminate your accounts or site access, or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms (b) you create risk or possible legal liability exposure for us or our other Users; (c) our provision of the Services to You is no longer commercially viable (d) You owe any commissions or amounts on Your Account for using Our Services. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access it. In any event, nothing shall affect our rights to change, limit or stop the provision of the Services without prior notice to you.
8.0 Disclaimers and limitations of liability:
8.1 You hereby give and grant no responsibility or liability for your actions or use of the Services or consequences thereof to our company, service, any subsidiaries, affiliates, related companies, individual officers, directors, shareholders, employees, agents, representatives, partners, and licensors. We are not permitted to exclude any liability that is prohibited from exclusion under the laws of England & Wales.
8.2 The Services are only available “as-is”. Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “as is” and “as available” basis. We disclaim any and all warranties whether express or implied of any usefulness, merchantability, claims or representations or fitness for purpose, accuracy or stability of any product or commercial service that may be highlighted, listed, shown, promoted or otherwise posted using our Services.
8.3 We shall operate the Website and provide the services set out on the Website with reasonable skill and care appropriate to our industry standards.
8.4 We shall not be liable for any personal taste dissatisfaction the Subscriber may suffer in connection with the Website and/or the use of our Services.
8.5 Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by our negligence (as such term is defined by the Unfair Contract Terms Act 1977 – UK only); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
8.6 Subject to the foregoing, we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (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 of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the services offered by our Website itself in any way or in connection with the use, inability to use or the results of use of our Services.
8.7 By agreeing to these Terms, You agree to fully and effectively indemnify us against any and all third party claims, costs, losses and/or liabilities relating to these Terms of Service (TOS) and your usage of our Services or actions in relation to them. In any event, you agree that any aggregate amount of any discovered liability upon us shall not and never shall exceed the sum of £100 (one hundred Pounds GBP).
9.0 General terms:
9.1 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
9.2 In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of this are received by either of the parties from any relevant competent authority, it may be severed from these Terms, but the remaining provisions of these Terms shall remain in full force and effect.
9.3 These Terms, and any document referred to herein, represent the entire agreement between us and the Member for the provision of our services and supersede any prior agreement, understanding or arrangement between the parties, whether made orally or in writing, in relation to the services.
9.4 The User acknowledges that, in entering into this Contract with Us on these Terms, that it has not relied upon any representation, undertaking or promise by Us, or been implied from anything said or written between the parties prior to this contract being finalised, except as expressly stated in these Terms.
9.5 The Member shall have no remedy in respect of any untrue statement made by any Agent or Sub-Contractor of Kwaleo Ltd, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the User’s only remedy shall be for breach of contract as provided in these Terms.
10.0 Service of notices & correspondence:
10.1 The address for the service of any notices or correspondences is Kwaleo Ltd who’s registered office is at 11 West London Studios, 402 Fulham Road, London, SW6 1HR, United Kingdom. Our contact telephone number is 07 860 38 29 68. You can contact us by writing to the address above. For convenience, you can also write to us at firstname.lastname@example.org however, we do not accept ‘service of documents’ (legal documents) by email.
11.0 Severability & effect of terms:
11.1 These Terms are made only for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else who is not a party to it and the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply (UK only).
12.0 Determination & legal jurisdiction:
12.1 Although Our Company is based in the United Kingdom of Great Britain & Northern Ireland, it can be accessed and used across the EU and internationally. These Terms and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or any subject matter contained within therein.
13.0 Updating, alteration, amendment or variation of terms:
13.1 We reserve in our absolute judgement, the right to alter, amend or change these Terms of Service at any time. These Terms of Service were last updated on 10th November 2015.
14. Prohibited & restricted items:
The following items shall be considered prohibited or restricted for sale via our website. If you are in doubt, then you should contact the trade organisation concerned in the country you live in. We cannot be held responsible for any breach of the prohibited and restricted trade goods lists, which may be updated or changed at any time, by the individual countries concerned. You hereby agree to indemnify kwaleo.com completely and without exception whatsoever, from any losses caused by your non-adherence to any prohibited or restricted goods lists.
Alcohol: Alcoholic beverages of any kind are not allowed for sale via our website, including liquor licenses or chocolate liqueurs or confectionary containing alcohol or artificial alcohol flavourings, unless he supplier a valid, demonstrable licence for the sale of alcohol products.
Animals and Animal Products: No living creature of any kind allowed to be sold or listed for sale on this website such as house hold pets, farm animals, wildlife, reptiles, and insects. This also applies to animal organs.
Artwork: Unauthorised copies or reproductions of artwork that violates any existing copyrights and trademarks.
Bondage or restraint equipment.
Clothing: Lingerie - the supplier must not provide images with over sexualised imagery.
Books or Audios: All books and audio files must be genuine an authentic and unused when listed.
Drugs: whether considered hard drugs or soft recreational drugs/ legal ‘highs’.
Electronics Products: which are intended to affect or manipulate traffic signals; products designed to intentionally block or interfere with licensed or authorised radio communications; products that gain access to cable or satellite television without permission (example: Dream Box); radar detectors; phone unlocking devices; and spying tools (such as USB pens with cameras and spy cameras of any kind).
Food and Beverages: any prohibited animal products, and expired products are not allowed to be listed nor sold.
Gambling and Lottery: including lottery tickets, coin operated slot machines, and slot machines that can be converted to use coins, credit cards, and cash. Gaming items.
Hazardous Chemicals and Dangerous Products: including products containing Bisphenol A (BPA); products containing Carbon Tetrachloride; explosives; books with information on how to make explosive devices; products containing red phosphorous; products containing thermite; used oil; products and batteries containing mercury; and products contaminated by radiation.
Media: Unauthorised copies or reproductions of media that violate any copyright or trademark.
Medical Devices and Accessories.
Monuments: stolen or doubtful provenance monuments nor any monument, relic, curio, treasure or metal-detectorist found items over 100 years old are prohibited.
Pornography: Pornographic or XXX rated movies of any kind as well as pornographic magazines of any kind are not allowed to be listed nor sold . Nor any calendars or playing cards containing any pornography.
Offensive Products: Any products that promote or glorify hatred, violence, racial slurs, sexual or religious intolerance are prohibited as well as promoting any organisation with such views.
Examples of miscellaneous prohibited offensive products: Crime Scene photographs, Morgue or Autopsy photographs or film, Human Body Parts, whether by still Images or by Video clip.
Postage Meters & Stamps: including listings for sale or lease of postage meters, counterfeit stamps and equipment designed to create counterfeit stamps.
Sexual Wellness or Marital aids: including products that portray nudity in a gratuitous or graphic manner, sexual health products, inflatable penises, artificial breasts, strap-on love aids, dildos, vibrating items intended for intimate insertion, sexual aid devices, erection pills or potions, love gels/ lubricants and any form of adult-only novelty items.
Software: Unauthorised copies or reproductions of software that violate any copyright or trademark. Cell Phone unlocking software and software to jailbreak or derestrict iPhone phones.
Surveillance Equipment: including devices that are primarily useful for the purpose of the surreptitious interception of wire, oral or electronic communications, devices used for hacking, descrambling or otherwise obtaining unauthorized access to wire, electronic or other types of communication and devices designed to facilitate the surreptitious viewing or recording of individuals for sexual purposes.
Tobacco & Tobacco-related Products: including tobacco or any products that contains tobacco, electronic cigarettes and related products, nicotine inhalers or nasal sprays.
Weapons: including guns, ammunition (such as pepper sprays), gun parts and accessories, knives, explosives (such as fireworks, flares and grenades) and electric shocks.
Products that infringe upon an individual’s privacy, such as the sale of marketing lists and personal information and login details or other items prohibited within the country of origin
Listings that redirect any customer from the kwaleo.com site into any other sales channel.
Government documents, identification, birth certificates, ‘novelty’ IDs, passports and licenses
Vouchers: Entertainer Vouchers, F1 Tickets (allowed only if seller sells it at face value), Private auctions without proper descriptions, Vouchers without picture, Facebook Poker Chips, crypo currencies or bitcoins
Products intended to be used to produce an illegal product or undertake an illegal activity
Replica Products or counterfeit items (perfumes, bags, shoes, clothing… etc.)
Keyword Spamming or Data Scraping technology
Used mobile phone SIM cards
In addition to the above list, there is a separate products and banned imports list for products which are specifically banned from entering the Kingdom of Saudi Arabia: This can made available on request. All site Users should always be aware, that any goods or products supplied outside of the UK or EU, may attracts customs, import duties and other such taxes. It is your responsibility to check and comply with, any such regulations or restrictions. Kwaleo.com will not be held responsible for any oversight or confiscations, fines or additional charges made in respect of those individual regulations. It is your duty to check and be satisfied, before placing Your Order with Us.