Terms Of Website Use
Please read these Terms & Conditions carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference. By using our site, you confirm that you accept these Terms & Conditions and that you agree to comply with them. If you do not agree to these Terms & Conditions, you must not use our site.
Other Applicable Terms
- If you purchase the service from our site, these Terms & Conditions will apply to the sales.
Information About Us
- www.trykong.com is a site owned and operated by Kong 365 Ltd. ("We"). We are registered in England and Wales under company number 8185010 and have our registered office at Kong, 21 Tollgate, Chandlers Ford, Eastleigh, Hants, SO53 3TG. Our VAT number is 180 2088 25.
- We are a limited company.
Changes To These Terms & Conditions & Our Site
- We may revise these Terms & Conditions at any time by amending this page.
- Please check this page from time to time to take notice of any changes we made, as they are binding on you.
- We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
- We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing Our Site
- Our site is made available free of charge and Kong’s core features will be free for the life of your store, however, some additional features, services, themes, apps and power-ups service available through our site may be chargeable if you require them.
- We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our site.
- You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these Terms & Conditions and other applicable terms and conditions, and that they comply with them.
How Does The Service Work?
Your Account & Password
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms & Conditions.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
- When you create your store, you will be provided with a default theme. You will be provided with access to our theme editor, which will allow you to customise the appearance of your store.
- You may also, from time to time, purchase themes developed by Kong or third party theme developers from our Theme Store.
- You will also be able to purchase additional features, services, themes, apps and power-ups if required. Details of these will be made available on our site as and when they become available.
- Your shop will be publicly available on a sub-domain of kong365.com owned by trykong.com. You will also be able to point your own domain at your store if you choose to do so. Please contact us at email@example.com in the event you require further information.
Payment For The Service
- Kong is free to use and you can open and start running your store via trykong.com.
- Our additional features, services, themes, apps and power-ups may be free, use recurring payments or one-off payment, and you will be billed at the intervals as set out on our website. You can terminate paid features, services, themes, apps and power-ups at any time (Please see Termination below).
- Payment for additional services, themes, apps and power-ups will take place via a third party billing platform. We do not keep or store any of your payment details. You will receive an invoice from Kong 365 Ltd in respect of your payments.
- Once your store is created you may use the service to sell your goods or services to customers.
- Customers may purchase goods or services via your store. In order for you to receive payment for the goods or services that you sell, you may either use your PayPal account or you may set up a merchant account through www.trykong.com. Please contact us at firstname.lastname@example.org in the event you require further information.
- We will provide you access to a control panel that will allow you to review how your
store is doing. The control panel has a dashboard which will show you statistics
relating to your stores performance, and will allow you to monitor, amongst other
- You inventory and goods/product categories;
- Your customers’ recent orders;
- Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the standards set out in these Terms & Conditions.
- You warrant that any such contribution does comply with such standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. For the avoidance of doubt, we will only make your content available to third parties for the purposes of marketing/re-marketing, and will use our reasonable endeavours to jointly promote your shop and our site. Please contact us at email@example.com in the event you require further information.
- We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
- We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these Terms & Conditions.
- The views expressed by you or other users on our site do not represent our views or values.
- When communicating with other users of our site you must be polite and professional.
- You must not publish any material on your store which is offensive, adult, or illegal in nature, including any material which infringes the intellectual property rights of any third party.
- You may use this site and your store to sell goods or services of any kind except for those listed below.
- We restrict the use of your store in respect of the following goods or services, such
good or services falling outside our acceptable use policy:
- Get-Rich-Quick Schemes;
- Credit repair or protection (Including identity theft protection);
- Mortgage reduction services;
- Real estate seminars;
- Chain letters;
- Free gifts, prizes, sweepstakes or the winning of a contest as an inducement to purchase goods or services;
- Collection agencies or firms recovering or collecting past due receivables;
- Sports forecasting, betting or odds making;
- Lotteries and gambling, including Internet gambling or gaming;
- Any illegal goods or services, including good or services providing peripheral support of illegal activities, such as the sale of drug paraphernalia or weaponry;
- Sexually-oriented or pornographic goods or services, including companion or escort services, adult or sexual oriented Internet messaging, telephone conversations or websites, adult-themed bars or nightclubs, adult magazines or books, massage parlours, or miscellaneous adult entertainment;
- Modelling services;
- Bars or nightclubs;
- Flea Markets (Defined as firms or individuals operating from a booth, on a part-time basis with no lease or telephone availability, whether indoor or outdoor);
- Fortune tellers or horoscope readers;
- Religious organisations;
- Military organisations;
- Non face-to-face sale of tobacco and alcohol products or prescription drugs;
- Minor charities;
- Money service businesses (Except Western Union);
- Businesses selling door-to-door, fulfilment house (Offering goods for sale, or order taking, on behalf of one or more 3rd parties), inbound telemarketing in response to a postcard or similar offer, outbound telemarketing or facsimiles, pyramid selling or multi-level marketing, or soliciting cardholders when they contact call centres to purchase products of other direct marketers (‘Up-sell’);
- Businesses using a sales force that is remunerated on a commission only basis;
- Personal security services (Including bodyguards or private detectives);
- Bail Bondsmen;
- Cosmetic surgery;
- Timeshare or travel clubs;
- Third party payment processors (Aggregators);
- E-wallets or digitally stored value;
Intellectual Property Rights
- We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of our site in breach of these Terms & Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- We do not control what you publish on your store. You warrant that you are the owner or the licensee of all intellectual property rights in the material published on your store.
- We are not responsible for any infringing intellectual property rights that you publish on your store, and you agree to indemnify us against any and all losses that we may incur as a result of you publishing infringing material on your store.
- If we are notified that you have published infringing material on your store, we reserve the right to remove such material without any notice to you, and take any further action that we may deem necessary to protect ourselves from any and all proceedings being brought against us by third parties.
- You agree that any material that you publish to your store can be used by us for the online promotion of either trykong.com or your store. In this respect you grant us a non-exclusive licence to use any images, text, video or other digital content that may be published on your store. This licence will be perpetual until your store ceases trading.
No Reliance On Information
- The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
- Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation Of Liability
- Nothing in these Terms & Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
- We will not be liable to any user for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if foreseeable,
arising under or in connection with:
- Use of, or inability to use, our site; or
- Use of or reliance on any content displayed on our site.
- If you are a business user, please note that in particular, we will not be liable for:
- Loss of profits, sales, business, or revenue;
- Business interruption;
- Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation; or
- Any indirect or consequential loss or damage.
- If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
- We assume no responsibility for the content of your store, and in the event that your store and the sale of goods or services via your store does not fall within our acceptable use policy and results in us incurring losses of any kind, you agree to indemnify us against such losses.
- We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- You may request the termination of your site at any time by contacting us at firstname.lastname@example.org.
- We do not guarantee that our site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
- You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking To Our Site
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
- We reserve the right to withdraw linking permission without notice.
- If you wish to make any use of content on our site other than that set out above, please contact email@example.com
Third Party Links & Resources In Our Site
- Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
- We have no control over the contents of those sites or resources.
- If you are a consumer, please note that these Terms & Conditions, their subject matter and their formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
- If you are a business, these Terms & Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
To contact us, please email firstname.lastname@example.org.
Thank you for visiting our site.