Terms and Conditions

Terms definition

The following terms and conditions (the "Agreement") govern all use of the my.koongo.com website (the "Site") and the products and services (the "Service") available at the Site. In this Agreement, "You" or "Your" means the person accepting this Agreement and the company (if any) on whose behalf he/she is acting, and "We", "Us", "Our" or "Company" means NoStress Commerce s.r.o.

Our Service is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution of the software, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under law.

The Company

The Company providing the Service at the Site is a private limited company NoStress Commerce s.r.o.:

  • NoStress Commerce s.r.o.
  • Vyšehradská 1349/2
  • CZ-12800 Praha 2
  • Czech Republic
  • Business ID: 28977475
  • VAT number: CZ28977475
  • Registered by City court in Praha, part C, inset 157315.

Trademark

Koongo (TM) is registered trademark of the Company.

General conditions

By using or accessing any part of the Service, You agree that You are at least eighteen (18) years old and have read, understand, and agree to be bound by all of these terms and conditions. If You do not agree to all of these terms and conditions, You must not use or access the Service. If You are entering into this Agreement on behalf of a company, You represent that You have the authority to bind that company to the terms of this Agreement.

We reserve the right, in Our sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. Your continued use of the Service following the posting of any changes to this Agreement constitutes Your acceptance of those changes and You are responsible for reviewing those terms as We notify You about them. Some products or services that become available at the Site may be subject to additional or different terms and conditions, and if those additional terms and conditions conflict with this Agreement, those additional terms and conditions will control.

We reserve the right to modify or terminate the Service for any reason, without notice at any time. We reserve the right to refuse service to anyone for any reason at any time.

Use restrictions

You will not, nor permit anyone else to, directly or indirectly:

  • modify or create derivatives of any part of the Service
  • remove or obscure any proprietary notices on the Service. Company (and not You) owns all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof

You will not probe, scan or test the vulnerability of the Service or any network connected to the Service, and You will not breach the security or authentication measures on the Service or any network connected to the Service.

You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Company's systems or networks, or any systems or networks connected to the Service or to Company.

Disclaimer of warranties

You expressly understand and agree that:

Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. The Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The Company makes no warranty that (i) the service will meet your requirements or expectations, (ii) that your access to or use of the service will be uninterrupted, timely, secure or error free, (iii) that any defects in the service will be corrected, or (iv) that the service or any server through which you access the service is free of viruses or other harmful components.

You understand that in using the Service, sensitive information will travel through third party infrastructures which are not under our control (such as third party servers). we make no warranty with respect to the security of such third party infrastructures.

Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from the Company or through or from the service shall create any warranty not expressly stated in this terms of service.

Limitation of liability

You expressly understand and agree that the Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and service resulting from any goods, data, information or service purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) any other matter relating to the service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Indemnification

Except for the indemnification obligations of the parties set out herein, to the fullest extent permitted by applicable law, under no circumstances shall either party be liable to the other party on account of any claim (whether based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, the failure of any limited remedy to achieve its essential purpose, or otherwise) for any special, consequential, incidental, or exemplary damages, including but not limited to lost profits, even if a party has been advised of the possibility of such damages. Except for the indemnification and confidentiality obligations of the parties set out herein, in no event shall either party's liability exceed an amount equal to the fees paid by licensee under this agreement. If you are dissatisfied with the software your sole and exclusive remedy is to discontinue use of the software.

Modification of the Servise and prices

The Company may change, suspend, or discontinue all or any part of the Service at any time, with or without reason. You acknowledge that the operation of the Service may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and we shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Service.

Prices for using Service are subject to change upon 14 days notice from Company. Such notice may be provided at any time by posting the changes to the Site or the announcement email.

Subscripion term

The Subscription Term is either a period of one year for an annual subscription, or a period of one month for a monthly subscription. During the Subscription Term the Registered User receives access and use of the Service after payment of the Subscription Fee.

Subscripion fee

The Subscription Fee is based upon the Subscription Plan that the Registered User has chosen. Fees for annual subscriptions are to be paid per year. Fees for monthly subscriptions are to be paid per month. Subscription fees are nonrefundable.

Subscription plan

The Service is made available through several subscription plans. For our most current plans and prices or custom plans, please visit www.koongo.com. The Company retains the right to change subscription plans, at any time. Recipient may not downgrade their subscription plan to a lower cost version, unless their subscription plan expires. In case a subscription plan will change, theCompany will notify Recipient at least thirty (30) days in advance. Recipient will then get the option to accept the new subscription plan, or Recipient has the right not to accept the new subscription plan, if this is harmful or detrimental to Recipient.

Payment methods

Subscription plans are billed monthly and are payable by credit or debit card, PayPal or bank transfer. You must provide and validate a payment method at the end of trial period if you decide to upgrade your trial plan to a regular subscription plan. By accepting a billing agreement using credit or debit card, bank transfer or PayPal you allow Company to initiate payment collection without further consent from you.

All credit or debit card or bank transactions are processed through payment gateway Ingenico - Payment Services. PayPal transaction are processed directly through PayPal website.

All subscription fees are nonrefundable.

Support

During office hours a number of support services are provided to assist with issues of an operational or administrational nature encountered during use of Koongo plaform. But please note that only Koongo and feed and affiliate marketing related tasks are undertaken.

Office hours are defined as Monday - Friday from 9 AM to 4 PM (GMT). Response time and actions taken to resolve a problem are based on assessment of the business impact of the reported technical issue. Problems depending on level of severity are classified as “critical”, “important” or “minor”. Initial response times are based on the type of Service Level Agreement (SLA) held by an user.

  • Non-premium users must submit all requests via generic support ticket system in which tickets are processed on “first come - first served” bases and are prioritised by Koongo support personnel.
  • Premium users are given access to the premium support ticket system and allowed to define severity of the problem.

Initial response time is defined to be the first contact by a Support Engineer after the incident has been logged in the support ticket system. Default initial response time for users who do not have premium support subscription is 24 hours. A status update will be communicated to a customer if an incident cannot be resolved immediately or more information is needed. A final follow-up with a customer occurs on a resolution date. A ticket will remain open until a confirmation is received that a customer is satisfied with a resolution.

Koongo will use all reasonable endeavours to ensure that non-premium support tickets are cleared within reasonable timescales. In the event that ticket remains outstanding, the company’s support staff will escalate the call to senior management, who will contact his counterpart within a customer’s organization to agree a course of action to be taken.

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