Last Updated: 01/06/2024
These terms and conditions ("Terms") govern your use of the services provided by Kozy Reno ("we," "us," or "our") through our website (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
Acceptance of Terms
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.
Use of Service
2.1 You must be at least 18 years old to use the Service.
2.2 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password.
2.3 You agree not to use the Service for any unlawful or unauthorized purpose. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.
Intellectual Property
3.1 The Service and its original content, features, and functionality are and will remain the exclusive property of Kozy Reno and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.
3.2 You may not modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as expressly permitted by these Terms.
User Content
4.1 You retain ownership of any content you submit or upload to the Service ("User Content"). By submitting or uploading User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sub licensable, and transferable license to use, modify, adapt, reproduce, distribute, display, and perform the User Content in connection with the Service and our business operations.
4.2 You represent and warrant that you have all rights necessary to grant us the license described in Section 4.1, and that the User Content does not violate any third party's rights, including intellectual property rights and privacy rights.
Privacy
5.1 Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully to understand our practices regarding your personal information.
Indemnification
6.1 You agree to indemnify, defend, and hold harmless Kozy Reno and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
Limitation of Liability
7.1 To the fullest extent permitted by applicable law, in no event shall Kozy Reno or its officers, directors, employees, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation damages for lost profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to or use of the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Kozy Reno has been advised of the possibility of such damages.
Governing Law
8.1 These Terms shall be governed by and construed by the laws of London, United Kingdom, without regard to its conflict of law provisions.
Dispute Resolution
9.1 Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in London, United Kingdom.
User Conduct
10.1 You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service in any way that violates any applicable law or regulation, or that infringes upon the rights of others.
10.2 You agree not to engage in any conduct that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
10.3 You agree not to attempt to gain unauthorized access to any part of the Service, other users' accounts, or any systems or networks connected to the Service, through hacking, password mining, or any other means.
Termination
11.1 We reserve the right to suspend or terminate your access to the Service at any time, without notice or liability, for any reason or no reason, including if we believe that you have violated these Terms or engaged in conduct that is harmful to us, other users, or any third party.
11.2 Upon termination, your right to use the Service will immediately cease, and you must cease all use of the Service and delete any copies of materials obtained from the Service.
Modifications to Service
12.1 We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
12.2 We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Third-Party Links
13.1 The Service may contain links to third-party websites or services that are not owned or controlled by Kozy Reno.
13.2 Kozy Reno has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Kozy Reno 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Severability
14.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
Waiver
15.1 The failure of Kozy Reno to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed by a duly authorized representative of Kozy Reno.
Disclaimer of Warranties
16.1 The service is provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. To the fullest extent permitted by applicable law, kozy reno disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and implied warranties arising from a course of dealing, usage, or trade practice.
16.2 kozy reno does not warrant that the service will be uninterrupted, timely, secure, or error-free, nor does it make any warranty regarding the results that may be obtained from the use of the service or the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected.
Limitation of Liability
17.1 to the fullest extent permitted by applicable law, in no event shall kozy reno, its officers, directors, employees, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for lost profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to or use of the service, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if kozy reno has been advised of the possibility of such damages.
17.2 in no event shall kozy reno's aggregate liability to you for all claims arising out of or relating to these terms or the service exceed the greater of one hundred dollars ($100) or the amount you paid to kozy reno, if any, in the twelve (12) months preceding the event giving rise to the claim.
Assignment
18.1 You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Kozy Reno. Kozy Reno may freely assign or transfer its rights and obligations under these Terms without restriction.
Waiver of Class Action
19.1 You agree that any arbitration or legal proceedings shall be conducted on an individual basis and not as a class action or representative action. You waive any right to participate in any class action or representative action related to the Service or these Terms.
Force Majeure
20.1 Kozy Reno shall not be liable for any failure to perform its obligations under these Terms if such failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, or governmental actions.
Interpretation
21.1 The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
No Partnership or Agency
22.1 Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Kozy Reno.
Amendments
23.1 No amendment to these Terms shall be effective unless it is in writing and signed by both parties.
Severability
24.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
User Responsibilities
25.1 You agree to provide accurate, current, and complete information when using the Service, and to promptly update your information to keep it accurate, current, and complete.
25.2 You are solely responsible for maintaining the security of your account and password. You agree not to share your account credentials with others or allow anyone else to access your account.
25.3 You agree to use the Service in compliance with all applicable laws, regulations, and third-party agreements.
Feedback
26.1 We welcome feedback, comments, and suggestions for improvements to the Service. If you choose to provide feedback, you agree that we may use and incorporate your feedback without any obligation to compensate you.
Suspension and Termination of Service
27.1 We reserve the right to suspend or terminate the Service, in whole or in part, at any time and for any reason, without prior notice or liability to you.
27.2 We may suspend or terminate your access to the Service if we believe that you have violated these Terms or engaged in conduct that is harmful to us, other users, or any third party.
Disclaimer of Endorsement
28.1 Any reference to a specific product, service, or third-party website on the Service does not constitute an endorsement or recommendation by us. We are not responsible for the accuracy or reliability of any information provided by third parties.
No Reliance
29.1 You acknowledge that your use of the Service is at your own risk. We do not guarantee the accuracy, completeness, or usefulness of any information provided through the Service.
Electronic Communications
30.1 By using the Service, you consent to receive electronic communications from us, including notices, updates, and other information. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Reservation of Rights
31.1 We reserve all rights not expressly granted to you under these Terms. No additional rights or licenses are granted to you by implication, estoppel, or otherwise.
Interpretation
32.1 These Terms shall be interpreted in accordance with their plain meaning, and any ambiguities shall not be construed against the drafting party.
Independent Contractors
33.1 Your use of the Service does not create any agency, partnership, joint venture, employment, or franchise relationship between you and us.
Changes to Terms
34.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Entire Agreement
35.1 These Terms constitute the entire agreement between you and Kozy Reno regarding your use of the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
Contact Us
36.1 If you have any questions about these Terms, please contact us at [email].
I've reviewed the terms and conditions document for Kozy Reno, a renovation company operating in the UK. Here are some points that may need attention or amendment to ensure clarity and compliance with UK laws:
1. Governing Law (Section 8.1):
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The terms mention that disputes will be governed by the laws of "London, United Kingdom." It would be more accurate to state "England and Wales" as London is a city, not a legal jurisdiction.
2. User Age Requirement (Section 2.1):
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This is correctly set at 18 years, which aligns with UK contract law requirements.
3. Intellectual Property (Section 3.1 and 3.2):
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These sections are standard and appropriate, ensuring protection of the service's content and limiting user actions that could infringe on intellectual property rights.
4. Disclaimer of Warranties (Section 16):
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This section disclaims warranties to the extent permitted by law. It's important to ensure this does not conflict with consumer rights under UK law, particularly regarding services being as described, fit for purpose, and provided with reasonable skill and care.
5. Limitation of Liability (Sections 7.1 and 17):
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The limitations appear standard, but it's crucial they don't attempt to exclude liability for death or personal injury caused by negligence, fraudulent misrepresentation, or other liabilities that cannot lawfully be excluded under UK law.
6. User Responsibilities (Section 25):
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This section requires users to maintain accurate and complete information, which is standard. Ensure users are aware of the consequences of not maintaining this information.
7. Arbitration Clause (Section 9.1):
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The requirement for disputes to be settled by arbitration in London is clear. Ensure that this is in line with the preference for arbitration over litigation and that users are aware they are waiving their right to sue in court.
8. Data Protection and Privacy (Privacy Policy):
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It's referenced that the Privacy Policy is incorporated by reference. Ensure the privacy policy complies with the General Data Protection Regulation (GDPR) and details how user data is collected, used, and protected.
9. Modification of Terms (Section 34.1):
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It's good that users are notified of material changes with at least 30 days' notice. This should be maintained to ensure fairness and transparency.
10. Severability and Waiver (Sections 14.1 and 15.1):
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These clauses are well-drafted to handle the potential invalidity of some provisions without affecting the rest of the terms.
11. Feedback Clause (Section 26.1):
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This section allows the company to use user feedback without compensation. This is typically acceptable, but it should be clear and explicitly consented to by the users.
These are the main points to consider revising to ensure the terms are compliant, fair, and clear to users. If you need further specific legal advice, consulting with a legal professional specializing in UK commercial law would be beneficial.