Terms & Conditions
Welcome to kangaroos.com (the "Website"). There are a few rules that our visitors must follow when using our Website, so we ask all our visitors to read our Terms and Conditions carefully.
This Website is brought to you by Pentland USA Inc. ("KangaROOS", or "we" or "us") and all rights, including copyright, in the content of the Website is owned or controlled by KangaROOS.
KangaROOS and its affiliates provide access to the Website subject to the Terms and Conditions set out on this page.
If you have any comments or queries relating to this Website, please contact us via email or post at:
Pentland USA Inc.
Website Terms and Conditions of Use
1. What do I agree to by entering the Website?
You are invited to use the Website on the basis of the Terms and Conditions of use set out below.
By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.
KangaROOS may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.
If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.
2. The Features
The Website may offer the following features to you: competitions, prize draws, video clips, downloading of screensavers, desktops and sound files (the "Features").
3. Conditions of Using Features on the Website
You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:
- not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another's privacy, racially or ethically or religiously insulting or otherwise unlawful;
- not to use Features on the Website for any purpose which would be considered a criminal offence, or give rise to civil liability or which is or may be damaging to the rights or interests of any User or other party;
- not to post or transmit material on the Website which is technically harmful (eg computer viruses, corrupted data, Trojans, worms or any other harmful software or data);
- if you or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the website moderator as soon as possible; and
- that all Features will be used entirely at your own risk and KangaROOS accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.
If KangaROOS is informed or has any reason to believe that any of the Features on our Website are being used by a user other than in accordance with these Terms and Conditions, KangaROOS reserves the right to suspend or permanently prevent access by the user to the Features and shall have no liability to the user whatsoever in such event.
4. Sending Us Information
By submitting your Material to this site, you also warrant that:
- you have the right to make it available to KangaROOS;
- the Material is not defamatory; and
- the Material does not infringe any law.
You agree to indemnify KangaROOS against all legal fees, damages and other expenses that may be incurred by KangaROOS as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above. You may not violate, plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights.
This means that all stories, mixes, comments, suggestions, ideas, graphics or other information sent to us can be used by it as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your Material for any purpose. So remember don't send us your Material if you don't want us to use it or the world to know it.
6. Website Content Accuracy and Permitted Use
KangaROOS makes every effort to ensure that the content of the Website is accurate and up-to-date, but KangaROOS does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.
KangaROOS may remove material or Features from the Website at its own discretion, at any time and without any notice. The material on the Website may be out of date and KangaROOS makes no commitment to update such material.
KangaROOS grants you a limited licence to access and make personal non-commercial use of this Website. The licence does not allow you to download, extract or re-utilise (other than page caching) or modify it, or any portion of it, except with express written consent of KangaROOS. This licence expressly prohibits any resale or commercial use of this Website or its contents; any derivative use of this Website or its contents; and/or any use of data mining, robots or similar data gathering and extraction tools.
This Website or any portion of this Website may not be reproduces, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without KangaROOS' express written consent.
You may not frame or use similar techniques to enclose any trade mark, logo, or other proprietary graphic or trade mark as part of the link without our express written consent.
You may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) to promote or encourage traffic to any other website.
Any use of the Website or extracts of the Website other than in accordance with this clause 6 is strictly prohibited.
7. Links to and from other websites
The Website may contain links to third party websites, and likewise third party websites may contain links to the Website. KangaROOS is not responsible for the availability of, or any content or material contained in, or obtained through, any such third party websites. If you decide to access any third party website linked to the Website, you do so entirely at your own risk. Any questions or comments relating to third party websites should be addressed directly to the operator of those third party websites.
You may not include a link to this Website or display any of its contents, in any format, in any other website without KangaROOS' written consent. Such consent, if given, may be withdrawn, without notice, at any time and in this event you must remove the relevant link and/or content within 24 hours.
8. Copyright, legal statement and database rights
All content and compilation of such content included on the Website, including without limitation text, graphics, logos, button icons, images and software, is the property of KangaROOS or its subsidiaries, its affiliates or its content suppliers and is protected by UK, European and International laws.
All software used on this Website is the property of KangaROOS, our affiliates or our software suppliers and is protected by UK, European and International copyright laws.
You may not extract and/or re-utilise parts of the contents of the Website without KangaROOS express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this Website. You also may not create and/or publish your own database which features substantial (e.g. our prices and product listings) parts of this Website.
Please also refer to our Legal Statement below.
9. Legal Statement
Pentland USA Inc. is a subsidiary of Pentland Brands plc.
KangaROOS and the Kangaroo device are registered trade marks of and used under licence from Asco Group Limited unless stated otherwise.
www.kangaroos.com is a registered domain name of Pentland Brands plc.
Registered Office: 8 Manchester Square, London W1U 3PH. Company Registration Number: 02982897.
10. Intellectual Property Rights
You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website ("Intellectual Property Rights") shall remain at all times vested in KangaROOS and that these are protected by copyright and other laws and International treaty provisions.
You may not create and/or publish your own database which features substantial parts of this Website.
Users may not, other than in accordance with these Terms and Conditions, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from KangaROOS to do so.
All trade marks appearing on the Website are used by KangaROOS with permission from the relevant trade mark owners and nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.
Nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.
11. Limitation of Liability
The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an "as is" and "as available" basis.
While KangaROOS takes all reasonable steps to ensure that the Website is properly functioning at all times, KangaROOS does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.
KangaROOS has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and KangaROOS shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.
KangaROOS shall not be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including, but not limited to, installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.
Nothing in these Terms and Conditions shall exclude or limit KangaROOS liability for death or personal injury caused by negligence or fraud or misrepresentation as to a fundamental matter or any liability which cannot be excluded or limited under applicable law.
12. Governing Law
Your use of the Website and these Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England.
By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
If any of the provisions of these Terms and Conditions are deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
Â© Pentland USA Inc. All Rights Reserved.