TERMS AND CONDITIONS OF USE

Last Modified on Aug 9, 2023

Welcome to the www.Koo.toys website (the “Site”). This Terms of Use (this “ToU” or “Agreement”) describes the terms and conditions applicable to your access and use of the Site and the services made available through or in connection with the Site (collectively, the “Service”). This ToU sets forth the terms and conditions under which KABOOM ASIA LIMITED provides you access to the Site and the Service.

In this ToU, “KABOOM“, “we”, “us” and “our” means KABOOM ASIA LIMITED, a limited company registered in HONG KONG SAR.

KABOOM may amend this ToU at any time by posting the amended Terms of Use on the Site, and you agree that you will be bound by any changes to this ToU. For your convenience, the date of last revision is included at the top of this page. KABOOM may make changes to the Site and/or the Service at any time. You understand that KABOOM may discontinue or restrict your use of the Site and/or Service for any reason or no reason with or without notice.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your agreement to these ToU. If you do not agree to these ToU, do not use this Site. KABOOM may modify these ToU at anytime. Viewers and users of this Site under the age of 18 must obtain parental consent.

Restrictions On Use of Materials

This Site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by KABOOM and/or its affiliates for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices. You agree not to license, reproduce, publicly perform, publish, create derivative works from, distribute, transfer, sell or re-sell any information, content, or services obtained from or connected to the Site in any way whatsoever.

If you download software from the Site, the software, including all files and images, contained in or generated by the software, and accompanying data (together referred to as “Software”) are deemed to be licensed to you by KABOOM, for your personal, non-commercial home use only. KABOOM does not transfer either the title or the intellectual property rights to the Software and KABOOM retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form (this sentence does not apply to the extent that applicable national law may provide you with non-excludable rights to do any of the acts to which it refers). All trademarks and logos are owned by KABOOM or its licensors and you may not copy or use them in any manner.

You agree that you will not, in connection with your use of the Site, Software and/or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Software, Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy and/or publicity).

Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Service or any copy of the Software; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software and/or the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Software and/or Service, including, without limitation, through sublicense, to any other entity without the prior written consent of KABOOM; and/or (iv) make any false, misleading or deceptive statement or representation regarding KABOOM and/or the Software and/or Service.

You may not connect to or use the Site and/or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or Service or otherwise attempt to disrupt the Site and/or Service or any other person’s use of the Site and/or Service; and/or (b) attempt to gain unauthorized access to the Site, Service, accounts registered to other users, or the computer systems or networks connected to the Site and/or Service. Furthermore, you may not use the Site and/or Service to develop, generate, transmit or store information that: (i) belongs to another person and to which you do not have any right to; (ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iii) harm minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) impersonate another person; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding KABOOM and/or the Software and/or Service; (viii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (ix) threatens the unity, integrity, defense, security or sovereignty of Hong Kong, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; and/or (x) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).

You agree that you will not (a) intercept, examine or otherwise observe any proprietary communications protocol used by the Site Software, whether through the use of a network analyzer, packet sniffer or other device; and/or (b) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Software, the Site and/or the Service.

This Site is controlled and operated by KABOOM from its offices within Hong Kong.  KABOOM makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws of Hong Kong, if and to the extent local laws are applicable. Software from this Site is subject to applicable local laws of Hong Kong. No software from this Site may be downloaded or otherwise exported or reexported into (or to a national or resident of) any other country to which Hong Kong has embargoed trade activities.  By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or sanction.

Disclaimers and Limitation of Liability; Forward-Looking Statements

KABOOM may change, move or delete portions of, or may add to, this Site from time to time.

TO THE FULL EXTENT PERMITTED BY LAW, THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. KABOOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

KABOOM has no duty or policy to update any information or statements contained on this Site and, therefore, such information or statements should not be relied upon as being current as of the date you access this Site. Moreover, any portion of the materials available on this Site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this Site, the Software and to the products described on this Site.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KABOOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KABOOM DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. KABOOM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMITTED BY LAW, YOU (AND NOT KABOOM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

TO THE FULL EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KABOOM BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS, EVEN IF KABOOM OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT  SHALL KABOOM TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO KABOOM, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Links to Other Web Sites

KABOOM makes no representation whatsoever regarding the content of any other web sites which you may access from this Site. When you access a non- KABOOM web site, please understand that it is independent from KABOOM and that KABOOM has no control over the content on that web site. A link to a non- KABOOM web site does not mean that KABOOM endorses or accepts any responsibility for the content or use of such web site.

Submissions

Should any viewer of a document on this Site respond to KABOOM with information including feedback data, such as questions, comments, suggestions, or the like regarding the Site, or the content of any item, such information shall be deemed to be non-confidential and KABOOM shall have no obligation of any kind with respect to such information. In addition, KABOOM shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, KABOOM shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by KABOOM’s Privacy Policy.

In consideration of KABOOM ‘s continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to KABOOM without any compensation. You agree to execute any and all documents that KABOOM may reasonably request in connection with confirming KABOOM’s ownership of and unlimited right to use such ideas, concepts, know-how and techniques.

You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this Site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and/or (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this Site by you.

Indemnification

You agree to indemnify, defend and hold KABOOM and/or its affiliates harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Site or any breach by you of this ToU or any other policies that KABOOM may issue for the Site from time to time.

Termination

This ToU is effective unless and until terminated by either you or KABOOM. You may terminate this ToU at any time by no longer using this Site, provided that all prior uses of this Site shall be governed by this ToU. KABOOM may terminate this ToU at any time and without notice, and accordingly deny you access to this Site, in KABOOM ‘s sole discretion for any reason or no reason, including your failure to comply with any term or provision of this ToU t. Upon any termination of this ToU by either you or KABOOM, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this ToU or otherwise.

Governing Law and Jurisdiction

Regardless of which jurisdiction you reside, this ToU shall be governed by, and will be construed under, the laws of Hong Kong, without regard to choice of law principles. All disputes arising out of or related to your use of the Site shall be subject to the exclusive jurisdiction of the Court of law located within Hong Kong and you agree to submit to the personal jurisdiction and venue of such courts.

Dispute Resolution

Any dispute arising out of or in connection with this ToU, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered as per Arbitration and Conciliation act 1996, or any amendment thereto, by the Mumbai Centre for International Arbitration (“MCIA”)  in accordance with the Arbitration Rules of the MCIA (“MCIA Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.

(a) The number of arbitrators shall be three.

(b) The seat, or legal place, of arbitration shall be Hong Kong

(c) The language to be used in the arbitration shall be English.

General.

1. ToU Revisions.

This ToU may only be revised in a writing signed by KABOOM, or published by KABOOM on the Site.

2. No Partnership.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and KABOOM as a result of this ToU or your use of the Site.

3. Assignment.

KABOOM may assign this ToU, in whole or in part, to any person and/or entity at any time with or without your consent. You may not assign the ToU without KABOOM prior written consent, and any unauthorized assignment by you shall be null and void.

4. Severability.

If any provision or part-provision of these ToU is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this ToU shall not affect the validity and enforceability of the rest of these ToU.

5. No Waiver.

Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

6. Entire Agreement

This ToU, including the documents and/or policies expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site.