Terms and Conditions
This shopify app (App) is operated by Italics Bold Pty Ltd ABN 36 633 190 708 trading as “Kooee Reviews” or its successors and assignees (we, our or us). It is available at: https://kooee.reviews/ and may be available through other addresses or channels, including on our mobile application.
The App is a service that it optionally used by Shopify website owners (The Client).
Background
(A) Kooee Reviews has skill, knowledge and expertise in the collation, presentation and analysis of consumer feedback, market research and reputation management, particularly in relation to businesses with a strong online presence.
(B) The Client operates a business in which customer email addresses are held and linked to a sale or other business transaction. Kooee Reviews provides a plugin for collection of reviews and operates a website on which feedback can be displayed through which customers interact with the Client.
1. Consumer Details
1.1 You will provide us with the Consumer Details for all relevant transactions within a period of one month of the transaction date.
1.2 You will ensure that the Consumer Details are accurate and error free as far as is reasonably possible.
1.3 We will use the Consumer Details to send one email only asking for Feedback. We will not make further contact with any Consumer except:
1.3.1. with the previous written consent of you and/or the Consumer;
1.3.2. where details of that Consumer have been provided to us by a third party;
1.3.3. as required by law or by any court, tribunal or administrative body of competent jurisdiction; and/or
1.3.4. to inform the Consumer of a response you have made to his/her comments; and/or
1.3.5. for the purpose of satisfying our obligations under these Terms and Conditions.
2 Rights
All company names, brands and other company trademarks and the website belongs to either Kooee Reviews or third parties and can only be used for business purposes after a preceding permission from us or third parties respectively. Rights to our free use of contributions are nontransferable, without time limit and with no territorial limits towards us, upon sending the contribution to us. The website’s content cannot be copied and displayed anywhere else on the internet.
3 Indemnity
Customers shall indemnify Kooee Reviews against any loss or damage suffered or incurred by Kooee Reviews as a result of any third-party claim (including any claim or allegation by any governmental authority) that:
(a) the use of any content provided by Customer infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;
(b) Kooee Reviews use of Consumer data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or
(c) any email message sent or caused to be sent by Kooee Reviews on behalf Customer violates any applicable law, rule or regulation.
Customer shall not bring any claim against Kooee Reviews arising from or related to any User Content, including without limitation, any claim that the User Content is defamatory, offensive or otherwise harmful. Customer shall indemnify Kooee Reviews against any loss or damage suffered or incurred by Kooee Reviews as a result of any such claim, whether such claim is brought by Customer, any of Customer’s affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders, or other associated third parties.
4. Limitation of Liability
4.1 Neither party excludes any Loss in respect of personal injury or death, fraudulent misrepresentation or any other Loss that may not be lawfully excluded or limited under Australian law.
4.2 Neither party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data or any indirect, consequential or special Loss whatsoever.
5. Personal Information
Our processing of personal data is carried out according to the law of personal data. Users can contact us if they request information about what data that are processed about them or if they wish to have the information deleted or rectified. Furthermore, registered users can at any time withdraw their consent, which can happen by contacting support@kooee.reviews. Withdrawal of consent will be considered as a request to be deleted as a user altogether.
We have initiated a number of technical and organisational arrangements to ensure that personal information that is being processed does not delete, disappear, deteriorate or gets into the hands of unauthorised parties.
Client agrees to comply with its obligations under EU Data Protection Directives as a data controller and any other legislation and/or binding regulations implementing or made pursuant to them (“Data Protection Requirements”).
When enabling the Review Collection Services, the Client is – in accordance with the Data Protection Requirements – regarded as a Data Controller of the Consumers’ personal data, which is provided to Kooee Reviews. When Client uses the Review Collection Services Kooee Reviews is regarded as the data processor. This entails that Kooee Reviews shall only act by instructions from Client in regard to the provided personal data about the Consumers. It is the sole responsibility of Client to provide such instructions to Kooee Reviews. Kooee Reviews shall make the necessary security measures to comply with the obligations of a data processor, including ensuring that the information is not (i) accidentally or unlawfully destroyed, (ii) lost, altered or damaged, (iii) disclosed to or accessed by any unauthorized person, (iv) misused or (v) in other ways treated in violation of the Data Protection Requirements. On Client’s request, Kooee Reviews will, in line with and to the extent provided for in the Data Protection Requirements, supply Client with sufficient information for Client to assure that the above-mentioned technical and organizational security measures have been made. All data collected and processed about Consumers after a verified copy of a review is published on Kooee Reviews website (www.kooee.reviews) are processed by Kooee Reviews as a data controller.
Kooee Reviews is not responsible for and assumes no liability for the Consumers’ conduct on or use of the Kooee Reviews Service, including the content published by the Consumers (such content, “User Content”). Kooee Reviews does not and cannot control or monitor the User Content and Kooee Reviews does not endorse any User Content, nor does the opinions expressed in the User Content represent the opinions of Kooee Reviews, its affiliates, or any of its or their officers, directors, employees, contractors or shareholders.
The Agreement shall not be regarded as an approval, endorsement or recommendation of Client, Client’s products or services by Kooee Reviews. Client may not market itself or by other way give public declarations in conflict with the above.
Client’s use of the Kooee Reviews Service must at all times comply with all applicable laws, rules and regulations. Client warrants to Kooee Reviews that its use of the Kooee Reviews Service will in no way cause Kooee Reviews to violate any applicable laws, rules or regulations or to violate the privacy rights of any third party.
When writing a review your name and/or email address will still be visible to the company being reviewed via the client dashboard even if it is set to publish anonymously.
6. Disclaimer
Kooee Reviews does not produce or publish contributions on the App. Kooee Reviews cannot be held accountable for the reviews and comments made on the App. If you would like to remove or discuss an issue with the App, please email support@kooee.reviews.
Kooee Reviews accepts no responsibility for the accuracy or completeness of contributions published by registered users on the website, including contributions of technical, external or any other cause may be changed or deleted in connection with the publication on the website or the following.
Kooee Reviews does not read through or edit contribution added to the website and can in no way be held responsible for the content of these contributions. Should the contributions contain links to third parties, Kooee Reviews will accept no responsibility for the contents of the link in question.
Kooee Reviews recommendations and reference to concrete companies, e-shops, etc. is only guiding and Kooee Reviews can in no way be held responsible if the guiding recommendation turns out to be incorrect, misleading or similar.
Kooee Reviews can in no case be made to compensate for use of the website or code, including loss of revenue, working loss, market interruptions, loss of goodwill or similar losses. Furthermore, Kooee Reviews cannot be made to pay compensation or similar as a result of errors or downtime.
Kooee Reviews reserves the right to revise these terms at any time, as well as the right to close the website as a result of own assessment and without warning.
We reserve the right to delete reviews that are solicited from external websites.
Reviews solicited outside of the Kooee Reviews ecosystem may be flagged and moderated.