Welcome to Keetoo (the “App”) and the website www.bundles.keetoo.com (the “Site”) brought to you by The Vimal Group Plc, having its registered office at 7 Savoy Court, London WC2R 0EX, with company number 10109277 (“us”, “we” or “our”). In this App and Site Terms of Use (“Terms of Use”), “you” and “your” means you the person using or visiting the App or the Site.
These Terms of Use, together with our Privacy Policy, set out how you may use the App and the Site, and the Keetoo Kredits (“Kredits”) made accessible through the App and the Site, including the purchase of Kredits to attractions and for use at restaurants as detailed on the App and Site (“Keetoo Pricing (the “Services”).
Our Privacy Policy is an essential part of these Terms of Use, please read both our Privacy Policy and these Terms of Use carefully before you submit your order to us.
The App is currently available via the Apple App Store and via Google Play (together the App Stores). By downloading, accessing and/or using the App, the Site and Services, you agree to be bound by these Terms of Use in addition to any usage rules or terms of services which may apply between you and the applicable App Store that you access the App from, including without limitation Apple’s App Store Usage Rules and Google Play Terms of Services (the “App Store Terms”). You acknowledge and agree that neither Apple Inc. or Google Inc. as may be applicable (the “App Store Providers”) are party to these Terms of Use (other than in the situation as set out in Clause 17.3) and that these Terms of Use are concluded between you and us only.
We may vary these Terms of Use from time to time. However, if we do, we will notify you of any variations that are going to be made by us reasonably in advance of the date on which such variations take effect. We will also invite you to accept our new Terms of Use, if you do not accept such variations then you will no longer be able to access or use the App or use the Site.
1. ABOUT US AND COMPLAINTS
1. This App and the Site are owned and operated by The Vimal Group Plc, having its registered office at 7 Savoy Court, London WC2R 0EX with company number 10109277.
2. If you would like to contact us concerning your Order or if you have any queries or if you have a complaint about anything contained in the App or the Site, please contact us using the following details:
Email: hello@keetoo.com
Address: 7 Savoy Court, London WC2R 0EX
Telephone: +44 (0) 845 685 5188
3. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your Order.
2. ACCESS TO THE APP AND THE SITE AND LICENSE RESTRICTIONS
1. The App, the Site and the Services are intended for use in the United Kingdom only. We have the right to reject your registration or terminate your account if you are not resident in the United Kingdom.
2. If you are under the age of 18, please do not use the App or the Site. By using the App or the Site you confirm to us that you are 18 years old or over and a resident in the United Kingdom.
3. The App and the Site are currently made available to you for your personal, non-commercial use, free of charge, although we do of course charge for Services you order via the App and/or the Site. You agree that we can change this at a later date as long as we let you know in plenty of time before we start charging for use of the App or the Site.
4. Subject to your continued compliance with these Terms of Use and any applicable App Store Terms, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, revocable, perpetual licence to access and use: (a) the Site; and (b) the App on the device you used to download the App and on any other compatible device registered to your applicable App Store account (each a “Device”), each for your own personal, non-commercial use, except that in the case of the App it may be accessed, acquired, and used by other accounts associated with you via family group sharing.
5. If you breach any provision of these Terms of Use, this licence will immediately terminate and you must immediately cease use of the App and the Site.
6. You are responsible for obtaining (at your own cost) all necessary devices and telecommunications services required to access the App and the Site. You are also responsible for ensuring that no person uses your Device to access the App or the Site without your permission. We will be entitled to assume that anyone who accesses the App or the Site using your Device has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons whilst using your Device.
7. If the App does not download on to your Device successfully, you should:
7a. if you downloaded the App via the Apple App Store, contact Apple as soon as possible using the “Report a Problem” link in the invoice that will be provided to you by Apple following the completion of the App’s download. Apple may, after investigating the reason for the App’s failure to download to your Device successfully and determining that the reason for such failure is due to Apple’s App Store and not due to a breach by you of these Terms of Use or Apple’s App Store Terms of Service (as amended from time to time), provide you with a replacement download of the App if such failure can be resolved; or
7b. if you downloaded the App via Google Play, contact us as soon as possible using the contact details set out in Clause 1.2.
8. Except as expressly set out in these Terms of Use or as permitted by any local law, you agree:
8a. not to copy the App or the Site except where such copying is incidental to normal use of the App or the Site, or where it is necessary for the purpose of back-up or operational security;
8b. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or the Site;
3. USE OF THE APP AND THE SITE
1. You must:
1a. not provide false personal information when creating and maintaining your Account profile on the App or the Site.
1b. not use the App or the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you;
1c. not infringe our Intellectual Property Rights (as defined in Clause 12.1 below) or those of any third party in relation to your use of the App or the Site;
1d. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Site; and
1e. not use the App or the Site in a way that could damage, disable overburden, impair or compromise our systems or security or interfere with other users.
2. You hereby grant to us a non-exclusive, royalty-free, sub-licensable, transferable, irrevocable (other than in relation to your personal data, which shall be a revocable licence) to the information, content and data you provide to us via the Site and/or App for our use in relation to the Services. For more information about how we will use your data please see our Privacy Policy
3. You agree to comply with all reasonable instructions that we may give you regarding your use of the App and the Site.
4. YOUR ACCOUNT
1. If you would like to purchase Services from us, you must create an account with us via our App or the Site (we call this your “Account”).
2. When registering for an Account, you must provide us with true, accurate, and complete data about yourself and keep this information up to date, otherwise we might not be able to process your Order.
3. Your Account is personal to you and so you must keep your Account username and password confidential, and must not disclose it to any other person or entity.
4. If you think that someone other than you has accessed your Account without your permission or if you lose your username or password, you must let us know immediately using the Contact details in Clause 1.2 above.
5. ORDERING SERVICES FROM US
1. You can make an order to purchase Services from us directly via your Account by providing us with all of the necessary information that we need to confirm your order (your “Order”) as set out in our App or on the Site.
2. You can pay for your Order by using credit or debit cards and any other methods as indicated on our App or the Site from time to time, and you will have to tell us your preferred payment method when you submit your Order to us.
3. Depending on your payment method, you may be directed to a payment gateway e.g. Stripe, Paypal via our App or the Site to make payment, once this has been completed you’ll return to our App or the Site (as applicable), if you are paying using debit or credit cards you will remain on our Site where you will be invited to review the total amount payable for your Order before clicking ‘Buy Now/Order with obligation to pay’ to authorise the payment to be taken and to place your Order.
4. You confirm to us that the payment card you use is yours or that you have been specifically authorised to use it to purchase your Order.
5. Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us (let’s refer to an accepted Order as our “Contract”).
6. We will assign an Order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the Order number whenever you contact us about your Order.
7. If we are unable to accept your Order, perhaps because the Services you’ve requested aren’t available or because your payment method was unsuccessful, our App or Site will let you know and obviously won’t charge you. However, we have to reserve the right to reject Orders in our sole discretion.
8. To claim any discount offered on Kredits you must purchase Kredits from the Keetoo App or Site, where you will be required to add the discount/promo code, which will then deduct the appropriate value from your purchase, before checkout. Once purchased, (if you haven’t already)you will then be required to download the app to use the Kredits.
6. SERVICES PRICING
1. All Services that we displayed in our App and on the Site are priced in Pounds Sterling, inclusive of VAT, unless expressly stated otherwise but are subject to availability.
2. The Price of your Order will be the price indicated on the order pages when you placed your Order, and will also be detailed in the email confirmation we send you.
3. We may update our Services prices and charges from time to time but these changes won’t affect any existing Contracts.
7. PROVISION OF THE SERVICES
1. Once we have accepted your Order, you will be sent an email to the address you provided in your Order, inviting you to download the Keetoo App (if you haven’t already downloaded the Keetoo App), once you have downloaded and opened the Keetoo App, your Order of Keetoo Kredits will be available in your account in the Keetoo App.
2. Your Kredits will remain valid for 12 months after purchase. Your Kredits will be active once you first use them at a participating venue, your Kredits will expire after 6 months from first redemption. The date and time of expiry of your Kredits can at all times be viewed in you r Account section on the app whenever you are logged into your account.
<3. We may change the App and the Site from time to time, including to: (a) reflect changes in relevant laws and regulatory requirements; and (b) implement minor technical adjustments and improvements, for example to address a security threat, therefore we may update or require you to update the App from time to time.
<4. We can’t be responsible for delays outside of our control but if we let you know that there’s a substantial risk of delays to the provision of the Services and if you can’t wait for your Services, you can contact us to cancel your Contract and ask for a refund of any Services not performed or provided.
8. CHANGES TO YOUR BOOKING
1 If you wish to make a change to your Order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of your Order or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (please see Clause 9 for more information).
2. We may need to change your Order:
2a. if the information you have provided us in the Order is not correct or incomplete; and
2b. to reflect changes in relevant laws and regulatory requirements,
but in any event we will notify you and obtain your approval before any changes (including the price) to your Order are made. If you are unhappy with these changes, you may then contact us to end the Contract before the changes take effect and receive a refund for any Services not provided.
9. CHANGING YOUR MIND ABOUT YOUR BOOKING
1. Please note that these terms reflect our goodwill guarantee, which is more generous than your legal rights under the Consumer Contracts Regulations. This goodwill guarantee does not affect your legal rights.
2. Our goodwill guarantee: You have the right to cancel your Order and receive a full refund for any reason within 30 days from the day the Contract was made (i.e the day that you received an email from us accepting your Order). However, once you have activated your Keetoo Kredits you cannot change your mind, even if the 30 day period is still running.
3. If you would like to cancel your Order, you can let us know by emailing us at help@keetoo.com or contacting us using the details set out in Clause 1.2 above.
4. If you cancel your Order and you are due a refund we will refund you by the method you used to pay for the Services, as soon as possible and this will be no later than 14 days’ from the date you tell us that you’re cancelling your Order.
10. PROBLEMS WITH THE SERVICES
1. You have a legal right to end the Contract because of something we have done wrong, including if we have breached these Terms of Use.
2. We are under a legal duty to supply you with Services that conform with our Contract and which are carried out with reasonable care and skill, and Keetoo Kredits must be as described, fit for purpose and of satisfactory quality. Your right to cancel set out in Clause 9 above does not affect your legal rights as a consumer. For more information please see https://www.citizensadvice.org.uk/.
3. If you have any questions or complaints about the Services that you’ve received, or the Services provided are not what you ordered, please contact us immediately using the details set out at Clause 1.2 above with your details and a description of the problem.
4. We may need to cancel your Contract in the event that you did not provide us with accurate or complete information, including your personal information, or other Order information, or if you otherwise break our Contract. We will first contact you to try and obtain or correct the information in question or resolve the problem, however if we are unable to contact you after a number of attempts or otherwise unable to resolve the problem, we may cancel your Contract and make a refund to you for any Services not provided.
11. THIRD PARTY WEBSITES
1. The App and the Site may contain content from and links to various websites. These Terms of Use will not apply to your use of any website that you access via the App or the Site. Your use of any such website may be subject to additional terms and conditions, which we suggest you read carefully before proceeding.
2. Third party websites are in no way approved, vetted, checked or endorsed by us or by the applicable App Store Provider and you agree that neither we nor any App Store Provider shall be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such websites. Links do not necessarily imply that we are or that the App or the Site is affiliated to or associated with such third party websites. If you decide to visit any other website, you do so at your own risk.
12. INTELLECTUAL PROPERTY
1. For the purposes of these Terms of Use, “Intellectual Property Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
2. All Intellectual Property Rights in and to the App and the Site and any and all features, content, materials and information made available via the App and the Site are owned by and shall remain owned by us or our licensors at all times.
3. These Terms of Use are not intended to prevent you taking personal copies of any information from the App or the Site or disclosing such information free of charge, to friends or relations for non-commercial purposes.
13. WARRANTIES AND DISCLAIMERS
1. We will exercise all reasonable skill and care in providing the App, the Site and the Services to you. However, we are not able to guarantee the availability of the App, the Site or the accuracy, completeness, currency or reliability of any features, content, materials or information on the App or the Site that derives from third parties (including any of our licensors or third-party partners).
2. Except as expressly provided in these Terms of Use, the App, the Site and all features, content, materials and information provided through them are provided on an “as is” basis without guarantee of any kind and any conditions, statements and warranties (including any warranty of reliability, completeness, accuracy or non-infringement) are excluded to the fullest amount permissible by law.
3. We will use reasonable endeavours to check that our Services are suitable for your Order, however we cannot guarantee that our Services will always meet your requirements. Therefore, we advise you to check any features, content, materials and/or information provided to you through the App and the Site as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
14. LIMITATION OF LIABILITY
1. We (and not the applicable App Store Provider) are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights as summarised in Clause 10.1.
3. If the Keetoo Kredits or App is defective and damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
4. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5. Without limiting the effect of Clause 14.3, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your device or any other property when you are using the App or the Site. The downloading or other acquisition of any features, content, materials or information made available via the App or the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your device or loss of data that results from the downloading or acquisition of any such materials.
6. You acknowledge and agree the applicable App Store Provider has no obligation whatsoever to provide any maintenance and/or support services with respect to the App and the Site. Any maintenance and/or support queries should be addressed to us using the contact details set out in Clause 1.2. We will respond to customer support enquiries within three (3) working days, and within 24 hours to any concerns identified as critical by an App Store Provider.
7. We, and not the App Store Provider, shall be responsible to you for any failure of the App or the Site to comply with any product warranties relating to the App or the Site, whether expressed or implied by law, and which we are not permitted to exclude or disclaim because of applicable law. If the App fails to conform to any such warranty:
7a. If you downloaded the App via the Apple App Store, you may notify Apple, and Apple will refund the purchase price for the App to you, if any, however notwithstanding the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App or the Site; or
7b. If you downloaded the App via Google Play, you should contact us as soon as possible using the contact details set out in Clause 1.2.
8. We, and not the applicable App Store Provider, will be solely responsible for addressing any claims that you or any third party may have with respect to the App, the Site or your possession or use of the App, or the Site including, but not limited to any:
8a. product liability claim
8b. Intellectual Property Rights claim brought against you by a third party;
8c. claim that the App or the Site fails to conform to any applicable legal or regulatory requirements; and
8d. claim arising under consumer protection or similar legislation.
15. TERMINATION
1. We may remove the App or the Site or cease providing any of the features, content, materials, information or services provided via the App or the Site at any time in our absolute discretion for any reason whatsoever.
2. You may uninstall the App from your Device at any time.
3. Neither Clause 15.1 nor Clause 15.2 will affect an existing Contract and any accrued rights and liabilities of either you or us as at the time of such removal or uninstallation.
16. DATA PROTECTION AND PRIVACY
1. We will only use any personal information that we may collect about you in accordance with our Privacy Policy. Our Privacy Policy forms an essential part of these Terms of Use and it is important that you read it.
17. GENERAL
1. Any failure or delay by us to enforce any of our rights under these Terms of Use will not be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
2. We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
3. Other than as set out in Clause 17.2, these Terms of Use are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to these Terms of Use. Notwithstanding the foregoing, you acknowledge and agree that the applicable App Store Provider (and each of its respective subsidiaries) is a third-party beneficiary of these Terms of Use and therefore may enforce its respective rights under these Terms of Use against you.
4. If any Clause or part of a Clause of these Terms of Use is or becomes invalid, illegal or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.
5. These terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
6. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit the dispute to an online resolution to the European Commission Online Dispute Resolution platform. If you are not satisfied with the outcome you can still bring legal proceedings.