Terms of Use

KING KONGTENT’S WEBSITE TERMS OF USE

Last Modified: 24 September 2020

  1. Your Acceptance Welcome to the Terms of Use for King Kongtent. This is an agreement (“Agreement”) between King Kongtent, the owner and operator of www.kingkongtent.com.au website and any associated services offered (collectively the “Website”) and you (“you”, “your” or “user(s)”), a user of the Website. Throughout this Agreement, the words “King Kongtent,”  “us,”  “we,” and “our,” refer to our company, King Kongtent, as is appropriate in the context of the use of the words. By clicking “I agree”, accessing, or using the Website you agree to be bound by this Agreement and the Privacy Policy.  We may amend our Terms of Use or the Privacy Policy and may notify you when we do so.  If you do not agree to the Terms of Use or the Privacy Policy please cease using our Website immediately.

 

  1. User Information and Accounts Users may be required to register and create an account to access some of our services. Your information will be collected and disclosed in accordance with our Privacy Policy. All users are required to provide truthful and accurate information when registering for our Website and must be over the age of 18.  Users may only register for one account per user.  We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify King Kongtent immediately of any unauthorized use of your account or any other breach of security. King Kongtent will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.  If you are registering on behalf of your company, you represent and warrant that you are authorized by your company to create an account on your company’s behalf and you represent and warrant that you are authorized by your company to incur financial obligations and enter into legally binding agreements on behalf of your company.

 

  1. Access and Services Grant to You After registering and properly paying where required, we grant you a personal, non-exclusive, revocable, limited access the Website and to use any of our services. As a user, you do not receive any ownership interest in any portion of the Website; you merely receive the aforementioned revocable access as stated. All rights not explicitly granted are reserved for King Kongtent.  If you breach any of our usage guidelines, as stated below, we may revoke your access to use our Website at our discretion. 

 

  1. Services Through the Website, King Kongtent may offer SEO services or other services. King Kongtent uses reasonable efforts to provide these services to you; however, all services provided depend on innumerable factors and market variables that are outside of King Kongtent’s direct control. For these reasons, all services offered are not guaranteed and are offered “as-is”. Where you decide to use any services offered by the Website, you agree that we make no guarantees including but not limited to web placement, rankings, or any profits.  You understand that the services offered may have variance, be inexact, or be otherwise incorrect and need adjustments.  An increase in search engine ranking, increase in business, or any other associated benefits are neither implied nor guaranteed.  Website rankings or results may vary by region, search engine, or fluctuate based on factors outside of our control.  Due to the nature of our services, you agree:
  • King Kongtent is not responsible for any changes made to a user’s website that adversely affects the search engine rankings of the user’s website.
  • King Kongtent has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future and user may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
  • King Kongtent cannot and does not guarantee any position change, fixed position, or position increase for any keyword, phrase, or search term.
  • King Kongtent makes no representations as to any profits or increased business as related to a user’s use of the services.
  • King Kongtent has no control over any actions or inaction by any search engines related to a user’s website or a website’s ranking. You agree to release us from any liability that we may incur for providing you any services offered via Website. You agree that any service or any other information found on the Website may be inaccurate, unsubstantiated or possibly even incorrect. You agree to release us from any liability that we may have to in relation to your use of our Website.

 

  1. User Obligations For any users that wish to purchase any services offered via the Website, you agree that you will promptly cooperate and provide to King Kongtent access, software codes, data, documents, content, art, and/or other information needed by us to provide any services to you. Your failure to cooperate or assist us may prevent the completion of any services offered. Where you fail to cooperate with King Kongtent, you agree that no refunds may be granted.

 

  1. Use of the Website When using our Website, you agree to the following:
  • You may not copy, distribute or disclose any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”;
  • You may not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Website;
  • You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
  • You may not use automated bots or other software to send more messages through our Website than humanly possible;
  • You may not share your access with any other parties;
  • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Website or any portion of it;
  • You may not access our Website in an attempt to build a similar or other competitive product;
  • You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You may not collect or harvest any personally identifiable information, including account names, from the Website;
  • You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Website;
  • You may not use the Website for any purposes that are misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing;
  • You may not violate any requirements, procedures, policies or regulations of networks connected to King Kongtent;
  • You may not violate any law or regulation and you solely are responsible for such violations;
  • You agree that you will not hold King Kongtent responsible for your use of our Website; and
  • You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Website, including the de-indexing or de-caching of any portion of our Website from a thirty party’s website, such as by requesting its removal from a search engine.

 

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Website may at our discretion be terminated or suspended.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Website, but King Kongtent reserves the right to suspend or terminate any account at any time without notice or explanation.

 

  1. User Content Your ability to submit or transmit any information through the Website, including but not limited to data, information, images, references, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content.   You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted.  We provide industry standard security for our Website but we cannot guarantee the absolute safety and security of any such User Content.  Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Website may be modified, edited, or removed at our discretion. When submitting any User Content to our Website you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.  Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations. When you submit any User Content to us, you grant King Kongtent, its partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Website. Additionally, you grant to King Kongtent a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Website any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Website.

 

  1. Privacy Policy We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into this Agreement, and it governs your access to and use of the Website.  Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Website you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

 

  1. Website Availability Although we try to provide continuous availability to you, we do not guarantee that the Website will always be available, work, or be accessible at any particular time.  Additionally, King Kongtent is under no obligation to provide the services to any users and may suspend a user’s access to the Website at any time and at our discretion. Only users who are eligible to use our Website may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Website will work to the functionality desired by you or give you any desired results.

 

  1. Modification of Website We reserve the right to alter, modify, update, or remove our Website at any time.  We may conduct such modifications to our Website for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. 

 

  1. Payments Portions of the Website or specific services offered may require payment and you agree to pay for all costs, fees, and taxes listed. User authorizes King Kongtent or its third party payment processors to charge their method of payment at the time of purchase. Please be aware that purchases are completed via our third party payment processors.   Where applicable, you must agree to our third party payment processors terms and conditions for processing payments. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current.   Where you have failed to pay or where payments are overdue, King Kongtent may suspend or terminate your access to any services of the Website, without liability to us.

 

  1. Taxes King Kongtent may charge you taxes for any purchases, you agree to pay any and all applicable taxes for your use and purchase of the services.  Additionally, where requested by us, you agree to provide us tax documentation to support any claims of on-time tax payment.

 

  1. Subscription Plans and Automatic Renewals For your convenience some services offered by King Kongtent may be made on a recurring subscription basis (“Paid Subscription”). Where you decide to purchase any Paid Subscriptions, your payment information shall be logged and you will be charged monthly for any Paid Subscriptions. YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT AT THE EXPIRATION OF YOUR INITIAL PAID SUBSCRIPTION, YOUR PAID SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL MONTHLY SUBSCRIPTION PERIODS (OR FOR THE SAME PERIOD AS YOUR INITIAL PAID SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON A RENEWABLE BASIS FOR THE PAID SUBSCRIPTION PLAN SELECTED BY YOU.  If you wish to cancel your Paid Subscription please cancel through your dashboard or notify us by submitting a ticket.   Upon cancellation of a Paid Subscription, portions of the Website may become immediately inaccessible. Where your Paid Subscription has been cancelled or expired, we have no liability to you for any deleted, inaccessible, modified, or removed User Content.

 

  1. Pricing and Price Increases The pricing for any service or Paid Subscription is listed on King Kongtent’s Website. King Kongtent may increase the price of any Paid Subscriptions or services, at our discretion and we reserve the right to do so at any time. In the event of a price increase, King Kongtent shall notify you and you will have the chance to accept or reject any price increase.  Please notify us if you intend to reject a price increase.  Where you have rejected a price increase, you may be unable to access portions of the Website. You agree that King Kongtent has no obligation to offer any services or Paid Subscriptions for the price originally offered to you at sign up.

 

  1. Refunds As we offer online services, we cannot offer refunds for any Paid Subscriptions or any paid services.  Please be aware that all purchases are final. However, King Kongtent wants you to be satisfied with our services and thus we offer a 30 Day Satisfaction Guarantee.  If you are dissatisfied with any of our services, please contact us by submitting a ticket within thirty (30) days of receiving your order report. Once we have received your communication, we will communicate with you to understand your concerns and will assist in rectifying any dissatisfaction caused by our services. Please note, with our PPC Management service: while our satisfaction guarantee applies to the management fee, we are unable to offer refunds for any ad spend paid to Google. Once ad spend payments are made to Google, they are final.

 

  1. Deliverables When using the Website, user may be entitled to receive press releases, blog posts, or other creative content (collectively the “Deliverables”) upon purchase of our services.  Contingent on complete and timely payment, King Kongtent shall assign to user all right, title, and ownership interest to any Deliverables purchased by the user.  Where user has failed to pay for any Deliverable in a timely manner, King Kongtent reserves the right to withhold or demand the return of any Deliverable from the user. Unused promotional and non-promotional Deliverables will expire after 1 year. If there are any discrepancies, please contact King Kongtent by submitting a ticket.

 

  1. Estimates Please be aware that some of our services provided may list estimated dates and timelines for delivery or completion (“Estimated Dates”).  Although, King Kongtent shall attempt to deliver all services by the Estimated Dates listed on the Website, these Estimated Dates are merely good faith estimates and are non-binding in nature. King Kongtent reserves the right to modify, alter, or extend any Estimated Dates at our discretion. King Kongtent is not responsible or liable for any failure to provide any services before any Estimated Dates listed on the Website.  King Kongtent reserves the right to automatically approve all types of orders waiting for client approval. Automatic approvals will vary with the product but will only occur after 5 days of inactivity with the order in question. Oral or written statements made by any agents, employees, or contractors of King Kongtent regarding any Estimated Dates are non-binding and do not alter any contractual agreements between King Kongtent and any users.

 

  1. Intellectual Property The name “King Kongtent”, kingkongtent.com.au, www.kingkongtent.net, www.kingkongtent.com, King Kongtent’s Website along with the design of King Kongtent’s Website and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (“Marks”), are owned by or licensed to King Kongtent, subject to copyright and other intellectual property rights under the Australian and foreign laws and international conventions. King Kongtent reserves all rights not expressly granted in and to the Website. You agree to not engage in the use, copying, or distribution anything contained within the Website unless we have given express written permission.

 

  1. Disclaimer THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER KING KONGTENT, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE WEBSITE; (2) ANY INFORMATION PROVIDED VIA THE WEBSITE; (3) THE SERVICES, OR (4) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO KING KONGTENT, OR VIA THE WEBSITE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LOST PROFITS, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. KING KONGTENT DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE INCLUDING THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. KING KONGTENT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OFFERED ARE ACCURATE, COMPLETE, OR USEFUL. KING KONGTENT DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND KING KONGTENT SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

 

  1. Limitation of Liability IN NO EVENT SHALL King Kongtent, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KING KONGTENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (1) YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE WEBSITE, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE INCLUDING THE SERVICES, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE VIA A THIRD PARTY, (5) ANY FAILURE OR DISRUPTION OF SERVICES WHETHER INTENTIONAL OR UNINTENTIONAL,  OR (6) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR WEBSITE INCLUDING OUR SERVICES.

 

  1. Indemnity You agree to defend, indemnify and hold harmless King Kongtent, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
  • your use of and access to King Kongtent’s Website including any services;
  • your violation of any term of this Agreement;
  • your interactions with any other uses or third parties; or
  • your violation of any third party right, including without limitation any copyright, property, or contractual right.

 

This defense and indemnification obligation will survive this Agreement and your use of King Kongtent’s Website. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

 

 

  1. Copyrights We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains: Your name, the name of the party whose copyright has been infringed, if different from your name, the name and description of the work that is being infringed, the location on our Services of the infringing copy, a statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law, a statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

 

  1. Choice of Law This Agreement shall be governed by the laws in force in the state of Queensland, Australia. The offer and acceptance of this contract is deemed to have occurred in the state of Queensland.

 

  1. Disputes Any dispute relating in any way to your visit to King Kongtent’s Website or the use of our services shall be submitted to confidential arbitration in Brisbane, QLD.

 

  1. Class Action Waiver You and King Kongtent agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis.  You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

 

  1. Severability In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with King Kongtent are deemed to conflict with each other’s operation, King Kongtent shall have the sole right to elect which provision remains in force.

 

  1. Non-Waiver We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

 

  1. Termination You may cancel your Paid Subscription or your account at any time via your King Kongtent’s Account dashboard or by submitting a ticket. Any refunds are subject to the refund terms contained in this Agreement. Please be aware that upon termination of your account, access to portions of our Website may be become immediately disabled. 

 

  1. Entire Agreement This Agreement along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.

 

  1. Amendments We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our Website and our Website.

 

  1. Electronic Communications The electronic communications between you and King Kongtent means, whether you visit the Website or send King Kongtent e-mails, or whether King Kongtent posts notices on the Website or communications with you via mobile notifications or e-mail.  For contractual purposes, you (1) consent to receive communications from King Kongtent in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that King Kongtent provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

 

  1. Website Issues and Support Where you have any questions, issues, or if you are having trouble accessing or using the Website, please contact us by submitting a ticket.