Kazoova is a social website that connects people who can offer activities with those wishing to try something new. Whether it's a chance to experience the rich culture in your own local neighbourhood, get a helping hand with something you need doing, or broaden your horizons to do something amazing, Kazoova can make it happen for you.
Kazoova guests gain access to distinctive and personal activities created by people who know. Kazoova hosts gain a free Web presence to showcase their products free of charge and take advantage of the latest Web-based booking and electronic payment systems.↑ Go to top
Kazoova is all about bringing communities together. Kazoova allows guests to book activities from hosts. Guests can search for activities they wish to join. Hosts use Kazoova to list their products. Guests can book activities by choosing a specific date and time that is available and submitting a request to the host. If the host confirms that the slot is available, the payment will be requested from the guest. Once paid, the booking is confirmed. Both guest and host have the opportunity to leave feedback for each other after the activity has occurred, to help build great reputations!↑ Go to top
It is free to create a Kazoova account for both guests and hosts. You can use your favourite email as your user ID, or you can sign up in two clicks by choosing to sign up with Facebook. Sign up today!↑ Go to top
For details regarding a booking that you've made with Kazoova, you should first use Kazoova messaging to contact the host or guest directly.
24/7 Kazoova Customer Service is found in the help menu at the top of the screen - just click Ask a Question. Send us a message and we will respond as soon as possible.↑ Go to top ↑ Go to top
If you have forgotten your password, don't worry! Reset your password here.↑ Go to top
Kazoova is a community marketplace built on trust and safety that facilitates the meeting of people in real life. Completing your profile is key in preserving this trust. It reflects that you are reliable and authentic right down to the real profile photo of you, gives depth to your reviews, and allows you to verify that you really are who you say you are. Using your logo for the profile picture helps you show your brand to the customer, and you can add details of your company name if you have one, plus your Website, Twitter, and Facebook.
Guests and hosts are more willing to book reservations with others in the Kazoova community with completed profiles. You can edit your profile at any time, and include any information about yourself that you then won't need to repeat! Users can simply click on your picture to view more about you, and you can click on theirs to view more about them.↑ Go to top
Click on your name at the top of the screen and you will see a link to edit your profile. If you're not logged in, click on Log in at the top first.
A great profile includes your full name, a profile photo with your lovely face or company logo, and some interesting facts about yourself, such as where you're from and your interests or hobbies. If you're listing an activity, you can use this space to describe your experience and history, your passion, and what you do. You can also add details of your company name if you have one, plus your Website, Twitter, and Facebook accounts. The Kazoova community is built on trust so we require you to be honest about all details you choose to share. However don't forget that online privacy is important so do not share any personal websites or links to any other online accounts you may have. In order to protect you, Kazoova will automatically hide such details in the description. We can protect you best if all Kazoova-related communication occurs through the Kazoova messaging system.↑ Go to top
Our highest priority is the trust, safety and security of our community, and we will do anything we can to protect our hosts and guests from negative experiences.
The vast majority of Kazoova activities are safe and positive because of the quality of our community. That said, incidents or negative experiences are a possibility, which is why we've established first class tools that show our commitment to creating a safe and trusted marketplace for booking activities around the world.
We believe the Kazoova secure payment system, authentic reviews, secure messaging, authentication system, and social connections facilitate trust and reinforce security in the marketplace. We provide our users with the tools they need to flag users, reviews, and listings, and provide them with 24/7 access to our Support team if something feels unsafe or uncomfortable.↑ Go to top
Trust and safety within our community is our highest priority. There are great ways you can prepare and protect yourself as a host on Kazoova.
Remember, you should always contact the local police or emergency services in case of an emergency or if you feel your personal safety is threatened.↑ Go to top
Trust and safety within our community is our highest priority. There are great ways you can prepare and protect yourself as a guest on Kazoova.
Remember, you should always contact the local police or emergency services in case of an emergency or if you feel your personal safety is threatened.↑ Go to top
We're always delighted to chat to journalists about Kazoova and its achievements.
If you have a specific media enquiry, feel free to contact us by email: email@example.com↑ Go to top
Last Updated: 12 Feb 2014
Kazoova Ltd (hereafter referred to as "Kazoova", "we", "us", or "our") provides an online platform that connects hosts who have experiences or activities to sell with guests seeking to buy such activities (collectively, the "Services"), which Services are accessible at www.kazoova.com and any other websites through which Kazoova makes the Services available (collectively, the "Site") and as any future application for mobile devices (the "Application"). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below) constitute a binding legal agreement between you and Kazoova. Please read carefully these Terms and all other Policies, which may be found at /help/, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR ACTIVITIES (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACTIVITIES DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT KAZOOVA IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS KAZOOVA AN EVENT BROKER, AGENT OR INSURER. KAZOOVA HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACTIVITIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
"Kazoova Content" means all Content that Kazoova makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and Kazoova Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Activity" means any and all forms of activity, event or experience organised by a host.
"Guest" means a Member who requests from a host, a booking of an Activity via the Site, Application or Services, or a Member who participates in an Activity and is not the Host for such Activity.
"Host" means a Member who creates a Listing via the Site, Application and Services.
"Listing" means an Activity that is listed by a Host as available for sale via the Site, Application, and Services.
"Member" means a person who completes Kazoova's account registration process, including, but not limited to Hosts and Guests, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Kazoova reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
The Site, Application and Services can be used to facilitate the listing and booking of Activities. Such Activities are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Activity or create a Listing, you must first register to create an Kazoova Account (defined below).
As stated above, Kazoova makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Activities directly with each other. Kazoova is not a provider or operator of experiences or activities of any kind and Kazoova does not own, sell, resell, manage and/or control activities. Kazoova's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS MEETING EACH OTHER AND TO ENABLE THEM TO AGREE TO BOOKINGS OF ACTIVITIES. KAZOOVA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACTIVITIES. KAZOOVA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACTIVITIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST'S OWN RISK.
In order to access certain features of the Site and Application, and to book an Activity or create a Listing, you must register to create an account ("Kazoova Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Kazoova Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Kazoova through the Site, Services or Application; or (ii) allowing Kazoova to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Kazoova and/or grant Kazoova access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Kazoova to pay any fees or making Kazoova subject to any usage limitations imposed by such third party service providers. By granting Kazoova access to any Third Party Accounts, you understand that Kazoova will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Kazoova Account and Kazoova Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Kazoova Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Kazoova's access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Kazoova Account and your Third Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Kazoova makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Kazoova is not responsible for any SNS Content.
We will create your Kazoova Account and your Kazoova Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Kazoova Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Kazoova reserves the right to suspend or terminate your Kazoova Account and your access to the Site, Application and Services if you create more than one (1) Kazoova Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Kazoova Account, whether or not you have authorized such activities or actions. You will immediately notify Kazoova of any unauthorized use of your Kazoova Account.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Activity to be listed, including, but not limited to, the location, capacity, features, availability of the Activity and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Activities must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Activity via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Activity, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Guest participating in, an Activity in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Activity included in a Listing you post and (b) not conflict with the rights of third parties. Please note that Kazoova assumes no responsibility for a Host's compliance with any applicable laws, rules and regulations. Kazoova reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Kazoova, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
You understand and agree that Kazoova does not act as an insurer or as a contracting agent for you as a Host. If a Guest requests a booking of your Activity and participates in your Activity, any agreement you enter into with such Guest is between you and the Guest and Kazoova is not a party thereto. Notwithstanding the foregoing, Kazoova serves as the limited authorized payment collection agent of the Host for the purpose of accepting payments from Guests on behalf of the Host and is responsible for transmitting such payments to the Host.
If you are a Host, Kazoova makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Activity. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Activity at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Activity, if applicable.)
Kazoova recommends that Hosts obtain appropriate insurance for their Activities. Please review any insurance policy that you may have for your Activity carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Activity, if applicable) while participating in your Activity.
Kazoova does not endorse any Members or any Activities. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member's purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Kazoova with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Kazoova regarding the remittance of payments received from a Guest by Kazoova on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
If you are a Host and a booking is requested for your Activity via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Kazoova in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest's Kazoova Account profile page, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an Activity within such 48 hour period, any amounts collected by Kazoova for the requested booking will be refunded to the applicable Guest. When you confirm a booking requested by a Guest, Kazoova will send you a message confirming such booking.
The fees displayed in each Listing are comprised of the Activity Fees (defined below) and the Guest Fees (defined below.) Where applicable, Taxes, currency conversion fees, and cross-border transfer fees may be charged in addition to the Activity Fees and Guest Fees. More information on foreign currency processing cost deductions will be available via the Site and Application. The Activity Fees, the Guest Fees and applicable Taxes are collectively referred to in these Terms as the "Total Fees". The amounts due and payable by a Guest solely relating to a Host's Activity are the "Activity Fees".
Kazoova charges a fee to Guests for use of the online platform based upon a percentage of applicable Activity Fees which are the "Guest Fees". The Guest Fees are added to the Activity Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Kazoova will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within 48 hours of the booking request) and will initiate payment of the Activity Fees) to the Host no later than 24 hours of when the Guest arrives at the applicable Activity (except to the extent that a refund is due to the Guest). Please note that completion of payment may take 7 days.
Each Host hereby appoints Kazoova as the Host's limited payment collection agent solely for the purpose of collecting payments made by Guests on behalf of the Host. Each Host agrees that payment made by a Guest through Kazoova shall be considered the same as a payment made directly to the Host and the Host will make the Activity available to Guest in the agreed upon manner as if the Host has received the Activity Fees. Each Host agrees that, Kazoova may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Activity Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Host, Kazoova assumes no liability for any acts or omissions of the Host.
You acknowledge and agree that Kazoova reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings and payment processing. Kazoova will provide notice of any Listing fee or payment processing fee collection prior to implementing such a feature.
The Hosts, not Kazoova, are solely responsible for honouring any confirmed bookings and making available any Activities reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Activity, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Activity imposed by the Host. You acknowledge and agree that you, and not Kazoova, will be responsible for performing the obligations of any such agreements, that Kazoova is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Kazoova disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Kazoova is not a party to the agreement between you and the Host, Kazoova acts as the Host's payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to Kazoova which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and Kazoova is responsible for remitting such amounts, less Kazoova's Host Fees, to the Host. In the event that Kazoova does not remit any such amounts to a Host, such Host will have recourse only against Kazoova.
Listings for Activities will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by Kazoova in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Kazoova will be refunded to such Guest.
You agree to pay Kazoova for the Total Fees for any booking requested in connection with your Kazoova Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host's confirmation of your requested booking, you understand and agree that Kazoova, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one pound (£1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one US dollar) to verify your credit card. Once Kazoova receives confirmation of your booking from the applicable Host, Kazoova will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Kazoova cannot control any fees that may be charged to a Guest by his or her bank related to Kazoova's collection of the Total Fees, and Kazoova disclaims all liability in this regard.
In consideration for the use of Kazoova's online marketplace and platform, Kazoova may collect service fees ("Service Fees"). Service Fees are made up of Guest Fees as described above and Host fees. Except as otherwise provided herein, Service Fees are non-refundable.
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Kazoova will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Activity, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Activity Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.
If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Kazoova will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Kazoova containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest's requested booking, then the Guest agrees to pay Kazoova the Total Fees relating to the confirmed booking for the Activity in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Kazoova, please contact Kazoova using the Ask a Question link in the Help menu at the top of every page.
Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Host does in fact make the donation he or she pledged to make.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Kazoova cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Host, Kazoova may issue a valid VAT invoice to such Host.
As part of the Services, Kazoova provides a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Guest) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Host. The currency in which you will be charged will be determined by Kazoova based on the payment method you select and the location of the Activity in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Host to receive payment, Kazoova will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Kazoova has uploaded to the Site as of the date and time that your booking is confirmed (the "Applicable Exchange Rate"). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although Kazoova updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, Kazoova will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Kazoova makes payment to a Host.
As a Guest, you are responsible for leaving all non-disposable items used by, or relating to, the Activity in the condition they were in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Activity. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment may be charged to and taken from the credit card on file in your Kazoova Account. Kazoova also reserves the right to charge the credit card on file in your Kazoova Account, or otherwise collect payment from you and pursue any avenues available to Kazoova in this regard, in situations in which you have been determined, in Kazoova's sole discretion, to have damaged any item relating to an Activity, including, but not limited to, in relation to any payments made by Kazoova to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the item relating to the Activity to the applicable Host or to Kazoova (if applicable).
Both Guests and Hosts agree to cooperate with and assist Kazoova in good faith, and to provide Kazoova with such information and take such actions as may be reasonably requested by Kazoova, in connection with any complaints or claims made by Members relating to Activities or any personal or other property located at an Activity or with respect to any investigation undertaken by Kazoova or a representative of Kazoova regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon Kazoova's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Kazoova or a third party selected by Kazoova, with respect to losses for which the Host is requesting payment from Kazoova under the Kazoova Host Guarantee.
If you are a Guest, you understand and agree that Kazoova reserves the right, in its sole discretion, to make a claim under any valid insurance policy related to any damage or loss that you may have caused or been responsible for to an Activity or any personal or other property located at an Activity (including amounts paid by Kazoova under the Kazoova Host Guarantee.) You agree to cooperate with and assist Kazoova in good faith, and to provide Kazoova with such information as may be reasonably requested by Kazoova in order to make a claim under your own insurance policy, including, but not limited to, executing documents and taking such further acts as Kazoova may reasonably request to assist Kazoova in accomplishing the foregoing.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content;
use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to experiences or activities offered on Kazoova
"stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Kazoova Guest or Host;
offer, as a Host, any Activities that you do not yourself supply or have permission to supply (without limiting the foregoing, you will not list Activities as a Host if you are serving in the capacity of an agent for a third party);
offer, as a Host, any Activity that may not be supplied pursuant to the terms and conditions of an agreement with a third party;
register for more than one Kazoova Account or register for an Kazoova Account on behalf of an individual other than yourself;
contact a Host for any purpose other than asking a question related to a booking, such Host's Activities or Listings;
contact a Guest for any purpose other than asking a question related to a booking or such Guest's use of the Site, Application and Services;
when acting as a Guest or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to Kazoova, without Kazoova's prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Site, Application or Services;
use the Site, Application and Services to find a Host or Guest and then complete a booking of an Activity transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Kazoova's provision of the Services;
as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honour;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Kazoova's name, any Kazoova trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Kazoova's express written consent;
access, tamper with, or use non-public areas of the Site or Application, Kazoova's computer systems, or the technical delivery systems of Kazoova's providers;
attempt to probe, scan, or test the vulnerability of any Kazoova system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Kazoova or any of Kazoova's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Kazoova will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Kazoova may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Kazoova has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Kazoova reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Kazoova, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Kazoova and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Subject to your compliance with these Terms, Kazoova grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application when released on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Kazoova reserves all rights in the Application not expressly granted to you by these Terms.
Subject to your compliance with the terms and conditions of these Terms, Kazoova grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Kazoova Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Kazoova or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Kazoova a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. Kazoova does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Kazoova the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Kazoova's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Kazoova is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Kazoova of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of Kazoova used herein are trademarks or registered trademarks of Kazoova. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the site. You may submit Feedback by clicking on the Ask a Question link in the help menu at the top of any page, or the Contact Us link at the bottom of the page. You acknowledge and agree that all Feedback will be the sole and exclusive property of Kazoova and you hereby irrevocably assign to Kazoova and agree to irrevocably assign to Kazoova all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Kazoova's request and expense, you will execute documents and take such further acts as Kazoova may reasonably request to assist Kazoova to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Kazoova respects copyright law and expects its users to do the same. It is Kazoova's policy to terminate in appropriate circumstances the Kazoova Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your Kazoova Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Kazoova terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Kazoova Account you will remain liable for all amounts due hereunder. You may cancel your Kazoova Account at any time via the "Cancel Account" feature of the Services or by clicking on the Feedback link in the help menu at the top of any page. Please note that if your Kazoova Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT KAZOOVA DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KAZOOVA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. KAZOOVA MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACTIVITIES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KAZOOVA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACTIVITIES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KAZOOVA OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT KAZOOVA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACTIVITIES. KAZOOVA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY KAZOOVA. NOTWITHSTANDING KAZOOVA'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, KAZOOVA EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACTIVITIES VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF KAZOOVA WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER KAZOOVA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY ACTIVITY VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KAZOOVA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS, IN NO EVENT WILL KAZOOVA'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACTIVITY VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ACTIVITY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY KAZOOVA TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR FIFTY POUNDS (£50), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KAZOOVA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Kazoova and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Activity, (iii) creation of a Listing or (iv) the use, quality or participation in an Activity by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or participation in an Activity.
You may not use, export, re-export, import, or transfer the Application except as authorized by United Kingdom law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Activity is located in a country that is subject to a UK Government embargo, or that has been designated by the UK Government as a "terrorist supporting" country and (ii) you are not listed on any UK Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by UK law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Kazoova does not permit Listings associated with certain countries due to UK embargo restrictions.
If you join an Activity with or host anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Kazoova by contacting us with your police station and report number using the Feedback link in the help menu; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Kazoova and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Activities made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Kazoova and you regarding bookings or listings of Activities, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Kazoova's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Kazoova may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Kazoova (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms will be interpreted in accordance with the laws of the United Kingdom. You and we agree to submit to the personal jurisdiction of any UK court for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Kazoova agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Kazoova are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Kazoova otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Unless you and Kazoova otherwise agree, any arbitration will be conducted in the county where you reside. If your claim does not exceed £5,000, then the arbitration will be conducted solely on the basis of documents you and Kazoova submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds £5,000, your right to a hearing will be determined by the appropriate arbitration rules of your country. Subject to said rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of solicitor's fees and expenses, to the extent provided under applicable law.
Notwithstanding the provisions of the "Modification" section above, if Kazoova changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by the Feedback link) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Kazoova's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Kazoova in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Kazoova to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kazoova. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Kazoova using the Feedback link in the help menu at the top of any Kazoova page.↑ Go to top