3. DESCRIPTION OF SERVICES
We provide you with a number of online resources, including but not limited to search functionalities using key words or product categories, content, shopping merchant and product reviews, buyer’s guides and other communication tools (the “Services”) to allow you to find and compare listed products offered on the websites of a number of third parties (the “Merchants”).
How does Kelkoo work?
We deal direct with the brands you trust
Kelkoo works in partnership with thousands of websites and stores across Europe so that you can browse and compare their results all in one place. We work with a large number of companies so that you should always find a good range of prices, but we can’t guarantee that every product a website/store sells will be included on our site.
We keep a close eye on customer service
We care about your shopping experience, so if we hear that one of our Merchants is giving bad service we will raise this with them. If there are further complaints we may remove them from our results.
We like our results to be accurate and up to the minute
In the case of flights and hotels, we get real-time information so you know you can rely on the very latest prices and availability. For shops and online stores, we make sure their information is updated typically every few hours and at least once every 24 hours so that the price you see is what you get on their website. If they have changed a price only minutes earlier, you may find a different price but we’re always working to avoid this happening.
You choose how your results are sorted
You can control the order that results are presented in, whether by price or relevancy. Relevancy takes into account which results most closely match your search and the popularity of those results with other users, amongst other criteria.
Buying from Merchants
We are neither acting as agent for such Merchants nor selling, reselling nor licensing listed products. We will not be party to any transaction or contract with any Merchant that you may enter into for the purchase of listed products and we have no liability in respect of listed products. You agree that you will contact the Merchant or seller of the products directly in relation to questions, complaints or disputes you have in respect of any products and you will not involve us in any dispute between you and any third party.
We may also introduce you to certain partners and the services they offer, notably in the form of integrated services (e.g. classified advertisements). We may also display promotional links on the website; these are also known as sponsored links, advertising messages or promotional offers, which you may find yourself prompted to view while using the Website.
5. USER ACCOUNT AND PASSWORD
If you wish to access certain Services on the Website (such as User Reviews and Newsletters) you must set up an account on the Website. You will receive a password and account designation upon completing the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your password or account. We do not have the means to check the identities of people using the Website and will not be liable where your password or account is used by someone else.
6. USER CONDUCT
You agree to not access the Website and/or use the Services to: (a) harm minors in any way; (b) interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services; (c) intentionally or unintentionally violate any applicable law or regulation including; (d) extract, collect, process, combine or store personal data about other users; or (e) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.
You agree not to upload, post, email or otherwise transmit: (a) any Content that is false inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (b) any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ( “Rights”) of any party; (c) any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose; or (d) any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
7. USE OF THE WEBSITE BY CHILDREN
The Website and Services are not intended to be accessed or used by anyone under the age of 18. By accessing the Website and/or using the Services, you represent and warrant that you are at least 18 years old. If you are not at least 18 years old, you may not access the Website or use the Services. We have the right to block or terminate your access to the Website or Services in the event that we become aware you are under the age of 18.
8. CONTENT POSTED BY YOU
You acknowledge that you are responsible for all information, data, text, software, photographs, graphics, video, messages and other materials ( “User Content”), whether publicly posted or privately transmitted, which you upload, post, email or otherwise transmit via the Website and/or Services.
With respect to all User Content you elect to post on the Website, you grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
9. RESPONSIBILITY FOR CONTENT
We provide product descriptions, pricing information, commentary, user reviews and other content (“Website Content”) in relation to products listed on the Website. Our inclusion of Website Content is for informational purposes only and does not imply any endorsement of any products, Merchants or other services offered by such Merchants. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the Website Content will be free from errors or omissions and we accept no liability for any inaccuracies or mistakes in any Website Content.
10. CONTENT RELATING TO FINANCIAL SERVICES
In respect of any Website Content or Services in respect of financial services, investment or trading, such Website Content or Services are provided for informational purposes only, and no such Website Content or Services are intended for trading or investing purposes. We shall not be responsible or liable for the accuracy, usefulness or availability of any such information transmitted on the Website or via the Services, and shall not be responsible or liable for any trading or investment decisions made based on such information.
11. ACCESS TO WEBSITE AND SERVICES
Whilst we will try to ensure that the Website will be available uninterrupted and in a fully operating condition, we cannot guarantee this. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
We will make every effort to provide you with the latest and most accurate information and data possible, notably as regards price, regarding the goods and services on the Website. However, as this information and data is transmitted to us either by the Merchants listed on the Website under the terms of a listing agreement, or via professional databases, we are unable to guarantee that it is fully accurate and exhaustive.
In the event of any differences between the information and the data appearing on our Website and that appearing on the Merchant’s website, the latter shall prevail.
12. CHANGES TO THE WEBSITE AND SERVICES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) or to launch new services, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services.
In the event of any changes to Services requiring the opening of a Kelkoo account, we will notify users using all appropriate means. You may cancel your Kelkoo account online by notifying Customer Services.
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof), access to the Website or use of the Services, and remove and discard any Content within the Services, for any reason. We may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice.
We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and you agree that you will not involve us in any dispute between you and any third party.
15. COPYRIGHT/COPYRIGHT LICENCE
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights including, without limitation, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the Website and its contents.
You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
You agree to compensate us and our subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, from any claim or damages (including any legal fees in relation to such claim or damages), made by any third party in respect of any matter in relation to or arising from your use of the Website including any breach or suspected breach of these Terms or your violation of any law or the rights of any third party.
17. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
19. TRADEMARK INFORMATION
“KELKOO” and “KELKOO Compare, Buy, Save” and other Kelkoo logos and product and service names are trademarks of Kelkoo.com (UK) Limited (the “Kelkoo Marks”). Without our prior permission, you agree not to display or use in any manner, the Kelkoo Marks.
20. COPYRIGHTS AND COPYRIGHT AGENTS
If you believe that any of your intellectual property rights have been infringed by any User Content or Website Content, please send notice of such alleged infringement to our Legal Department at email@example.com.
21. GENERAL INFORMATION