TERMS AND CONDITIONS OF USE

Hello and welcome to KIKOS! Please read these Terms and Conditions of Use (“Terms”) carefully as they constitute the legal agreement between you and KIKONCEPT LTD, as if you had signed them.


1. Introduction

Thank you for choosing KIKOS, the trading name of KIKONCEPT LTD. These Terms govern your access to and your use of the mobile application, website, content, products, and services ("Services") made available by KIKONCEPT LTD ("KIKONCEPT", the “Company”, “We”, “Us” and “Our”), a company established under the Laws of England and Wales.

By accessing or using the Services, you acknowledge that you have read, understood and accepted these Terms and thereby confirm your agreement to be bound by them. If you don’t agree (or cannot comply) with these Terms and you are not willing (or able) to be bound by them, you may not access or use the Services in any manner whatsoever. KIKONCEPT may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services, at any time and for any reason.

These Terms, along with any information made available by us specifically referred to herein comprises the entire agreement between you and Us and supersedes all prior agreements, representations and understandings of the parties, written or oral.

Occasionally we may, in our discretion, modify these Terms in order to adapt to the ever developing technological and commercial environment and comply with any relevant legislation in force. When we make material changes to the Terms, and before these changes take effect, we’ll provide you with prominent notice as appropriate under the circumstances (e.g. by displaying a notice within the mobile application or sending you an email) with mention of the date of effect. Your continued use of the Service after the date of effect will constitute your acceptance of the changes. Please therefore ensure you pay close attention to any such notice. If you do not wish to accept and be bound by the new version of Terms, you should not continue to access or use the Services after such date of effect.

2. Subject

The Company has developed a platform (“Platform”) accessible in the form of a mobile application and an associated website (www.kikosapp.com) which are designed to be used by persons who wish to participate in the chartering (or shared chartering) of day trips on recreational boats. The Company's role is in essence that of an intermediary (agent) between (i) such persons who use the Platform (“Users”) and (ii) professional providers of day trips (“Suppliers”). These Terms assume that you are a User and any reference to a User or Users is a reference to you as well.

More specifically, the Platform lists a number of available day trips for the benefit of the Users and prompts them to express their interest (if any) in one or more of these trips. The Platform subsequently tries to group Users together into a trip where they have expressed common interest. If such a group is formed, the Platform notifies the relevant Users within such a group and asks them to confirm their wish to participate in and share the trip. If all Users confirm, the trip is booked,the Users proceed to payment and the Platform sends to the Users a confirmation email.

There is no subscription fee to the Users for downloading and/or using this Platform.

In exchange for this service, the Company through its Platform charges the Suppliers a commission over the value of the trip fare (“Services Fees”). The Company however has no control over the price of the trip fare itself, which is solely determined by the Suppliers.

3. Registration on the Platform and Account Creation

You may navigate through the first stages of the Platform and view the details of available day trips without the need to register your details and create an account with KIKOS. You will be asked to do so only when you wish to submit to the Platform the day trips of your interest, at which point you implicitly instruct the Platform to try and group you with other Users for the purpose of sharing a day trip with them. The Platform will use your registered details to notify you in the event that you can share such a day trip.

You may register your details by completing the relevant fields in the Platform's registration page. Alternatively, you can log in to your Facebook, Google or Instagram account (“Social Media Account”) via the Platform. At the time of registration, we will ask you to read through these Terms as well as a Privacy Notice which offers a short summary of our Privacy Policy. We will also urge you to review our full Privacy Policy. You will not be allowed to register unless you have read through these Terms and the Privacy Notice and have explicitly consented to them.

When creating your Account, regardless of the method chosen, you agree to provide accurate and true information so that the Platform can communicate with you without obstacle as it attempts to satisfy your instruction to take part on a day trip.

The Company may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification with some of the information you provide on your profile.

You recognise and accept that any reference on the Platform or the Services to “verified” information, or any similar term, means only that a user has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the boat and/or the User with whom you are considering travelling. The Company cannot guarantee the truth, reliability or validity of the information provided during the verification procedure.

4. Submission of Payment Details and Payments

Navigating through the Platform; viewing day trips; submitting one or more day trips of interest to the Platform for the purpose of instructing it to group you with another User; and registering your details, are free of charge. However, a booking is charged once (i) the Platform has notified you that it has successfully grouped you with other User(s) on a specific day trip, (ii) it has asked you to confirm your continued interest in joining this trip and (iii) you have confirmed that you would like to proceed with the booking.

Following your confirmation to proceed with a booking, you will be asked how you would prefer to make payment: (A) by paying the Supplier directly or (B) by paying electronically through the Platform.

If you choose option A, you will be connected to the Supplier who will advise you what payment methods are acceptable to them.

If you choose option B, you will be redirected to the specialised portals of Paypal (please read carefully the terms and conditions of PayPal at www.paypal.com) or MangoPay (please read carefully the terms and conditions of MangoPay at https://www.mangopay.com/terms/Mangopay_Terms-EN.pdf) so that you input your payment details. Such details will be handled and stored directly by Paypal or MangoPay; they will not be stored by the Platform and will not be visible to it.

Regardless of the method you choose to submit your payment details and make payments, the use of such method is not governed by these Terms. Furthermore, the Company does not guarantee the security of any such method and bears no liability in case of losses or damages that you might incur by using such method.

Please note that all payments taken on debit or credit card will be taken in EUR and so if you are a User whose payment card is not denominated in this currency, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Booking fees and any additional expenses may be subject to applicable local taxes. The Supplier accepting the booking is solely responsible for the collection, reporting, and payment of any applicable taxes.

5. Cancellation Policy

If you book a trip and cancel it for whatever reason you will not be entitled to a refund. If you book a trip and the trip is cancelled by fault of the Supplier or force majeure (such as rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, adverse weather conditions, fires, floods, laws, regulations, acts, demands or orders of any government or agency, seizure of the boat under legal process, inability to obtain fuel, boat damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or docking approvals, lack of clearances or permits by governmental authority, or any other cause which is beyond the control of the Company and the contracting parties) then you will be entitled to a full refund.

In case of adverse weather conditions, the Supplier may decide at any moment to alter the schedule details of the trip in order to protect the safety of all passengers on board and to maintain the quality of the experience. Such schedule alterations will not be considered a cancellation of the booked trip.

6. Insurance

The Company will not be responsible for any costs incurred by any passenger before, during or after your trip as a consequence of inappropriate or insufficient travel insurance being purchased.

The Company is also not involved in any contract for the insurance of any boat or boat trip listed on the Platform. The Suppliers are exclusively responsible for the insurance of their boats. Copies of the relevant insurance documentation may be available for inspection by you prior to your booking or the start of your trip, provided you explicitly request for them and on reasonable notice.

In the event that you or a passenger travelling under your booking cause damage to the boat before, during or after the trip, the Supplier or any member of crew will point out the damage to you or the passenger who caused the damage. In the event that the damage is not covered by the boat's insurance, you will be fully liable for such damage and will duly make full financial reparation to the Supplier. For this purpose, and at its earliest convenience, the Supplier or the Company on behalf of the Supplier will provide you with copies of all issued invoices related to restoration repairs.

7. Disclaimer

The Platform constitutes solely an electronic “meeting-place”, on which Suppliers can post day trips and Users can request to join one or more of these trips. The Platform therefore serves only as a third party intermediary.

The Company (i) does not own, exploit, supply or manage any of the boats listed in the Platform, (ii) does not offer any trips on the Platform or act in the capacity of carrier, (iii) is not party to any agreement between you and any Supplier(s), (iv) has no control over the behaviour of any User or Supplier, and (v) has no control over the validity, legality or truthfulness of any of the trips displayed on the Platform; therefore, you recognise that its role is limited to facilitating access to the Platform and that it cannot assume any liability for any of the trips listed in the Platform. You also recognise that all Users and Suppliers act under their sole and full responsibility.

Furthermore, any other person that is included to a User's booking and is expected to participate in the trip along with the User, recognises that they are fully bound by and comply with these Terms as if they were the User.

The Company disclaims all representations and warranties, express, implied or statutory, not expressly set out in this Agreement. In addition the Company makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services, or that the Services will be uninterrupted or error-free. The Company does not guarantee the quality, suitability, safety or ability of third party providers, such as the Suppliers. You agree that the entire risk arising out of your use of the Services and any service or good requested in connection with the Services, remains solely with you, to the maximum extent permitted under applicable law.

You also recognise being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform.

Furthermore, when using the Platform and during a trip, you expressly represent and warrant that:

  1. you will use the Platform in accordance with this Agreement;
  2. all information supplied by you to the Platform is true, accurate, current and complete;
  3. you are at least 18 years old and that you possess the legal authority to create a binding legal obligation;
  4. you will not open more than one Account on the Platform and will not open an Account in the name of a third party;
  5. you bear sole responsibility for all activity that occurs under your Account;
  6. you will inform any other person that is included in your booking(s) about these Terms, including all laws, regulations, rules and restrictions applicable thereto;
  7. if you are booking a trip on behalf of another person, you are individually responsible for ensuring that such other person is a party to the charter agreement for the trip;
  8. you will not infringe the rights and image of the Company, notably its intellectual property rights;
  9. you will not speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Platform, that may infringe the rights of the Company or a third party or contrary to good morals;

The Platform retains the right at its sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, the violation of these Terms.

The Company shall try as far as possible to ensure the Platform is accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network.

Furthermore, the Company reserves the right to modify or suspend all or part of a User's access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.

8. Limitation of Liabilities

In its capacity as intermediary, the Company cannot be held liable for the effective occurrence of a trip, most notably owing to:

  1. erroneous information communicated by the Supplier with regard to the trip and its terms;
  2. any data transmitted through the Platform;
  3. cancellation or modification of a trip by either a User or a Supplier;
  4. the behaviour of the Users or Suppliers during, before or after the trip.

Furthermore, the Company cannot be held in any way liable for any death, injury or material damages occurred in relation to a trip, whether during, before or after the trip, and whether on or outside of the boat.

The Platform is not held liable for any obligation of the Users towards Public Authorities in relation to their professional, tax or any other activities.

The Platform cannot be held liable in case of debit/credit card fraud, unless and up until it is notified in written about such a card fraud.

Save as expressly set out in this Agreement, to the maximum extent permitted by applicable law, the Company hereby excludes all representations and warranties of any kind, either express or implied, including but not limited to any (if any) implied warranties fitness for a particular purpose and any warranties arising by statute or otherwise in law.

No waiver of any of the terms in this Agreement shall be deemed as a waiver of any other such terms set forth herein.

9. Indemnification

To the fullest extent permitted by applicable law, you undertake to indemnify and keep indemnified the Company and its directors, officers, agents and employees from and against any and all loss, damage (actual and consequential) or liability (whether criminal or civil) suffered together with any legal fees and costs on a full indemnity basis incurred by the Company resulting from (i) your use of the Services; (ii) your breach or violation of these Terms; (iii) any claim by a Supplier or boat owner resulting from deliberate or unintentional damages that were incurred on their boat by you; or (iv) your violation of the rights of any third party.

In the event of a dispute between you and a Supplier arising from separate agreements or transactions, such as a charter contract, you hereby release and hold the Company and its directors, officers, agents and employees indemnified from and against any claims, costs, demands and damages (actual and consequential) of every kind and nature including without limitation reasonable attorneys’ fees, known and unknown, arising out of or in any way connected with such disputes.

10. Intellectual Property

The Company is the sole holder of all intellectual property rights relating to the Services, the Platform, its content (notably texts, images, designs, logos, videos, sounds, data, graphics) and to the software and databases ensuring their operation.

The Company grants you a non-exclusive, personal and non-transferable right to use the Platform and the Services, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Platform and the Services.

You are prohibited from any other use or exploitation of the Platform and the Services, and their content, without the prior written permission of the Company. Notably, you are prohibited from:

  1. reproducing, modifying, adapting, distributing, publicly representing and disseminating the Platform, the Services and the content, with the exception of that expressly authorised by Us;
  2. decompiling and reverse engineering the Platform or Services, subject to the exceptions stipulated by these Terms and any other texts in force;
  3. extracting or attempting to extract (notably using data mining robots or any other similar data collection tool) a substantial part of the data of the Platform.

11. Applicable Law

These Terms are exclusively governed by and construed in accordance with the laws of England and Wales. The Vienna Convention on the International Sale of Goods of 1980 (CISG) does not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be submitted and resolved before the competent Courts of London, England.

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