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Privacy Policy
This is the document that describes how your Privacy related information is being collected, stored and processed by us when you visit Site, register and use services on www.kokonut.com ("Site", "Website") (referred to as the "Company", "We", "our", "us").
You should read this Privacy Policy together with Terms of Service and any other legal documents referred to it, since this is the best way for you to understand how we process personal information, including the sensitive one, collected from all users and visitors of the Site when they visit and use Site and Services, including Optional Services ("Services").
1. Information collection and use
1.1 What information we collect and how we use it. Categories
Contact Information. During your engagement with us you provide us with an e-mail which shall be deemed as Contact Information. It will be used in case our Support Team needs to contact you or to confirm orders, process a refund, renewal or notify you of most up-to-date news for our Site or Services, events, discounts, etc. Thus, Contact Information will be accessible to our Support Team, Marketing specialists and providers.
Payment Data. Information that enables processing of your payments to us is Payment Data. It includes billing address, name, mask of the card, verification information, IP address. Also, if you want to simplify your future payments, you may choose an option on Payment page to store the payment token.
Third Party information. While we may use third party services on our Website, such service providers may employ cookies and web beacons to understand effectiveness of their services. Company also receives information about you and/or your activities from third-party partners whom we work with in compliance with their Privacy Policies.
1.2. Sharing, disclosure of information
As it is described in this document, we always keep your information secure and protected and only use it to make service more effective and comfortable to you. However, there are situations where this information may be disclosed. This section describes of when, on what grounds and to whom it can be disclosed.
If required by law. Rights enforcement. We reserve the right to retain for a period permitted by law or disclose any information indicated in this Policy and acquired during your usage of Services and Site to (i) comply with applicable laws, keep accurate records, resolve disputes, prevent fraud, enforce our Agreements, (ii) protect or defend Company's or affiliated entities or third party's rights or property, (iii) protect someone's safety, health or for any other legally permissible purpose.
We may also use and disclose this information to certain institutions, entities or natural persons in cases where we need to establish proof of use, proof of identity, proof of services provision or related circumstances whichever the case may be. This situation may occur if you dispute your payment to your financial institution, for example.
To trusted third parties. We may use trusted third parties to provide us with certain services related to Site, like data hosting, payment processing, advertising, analytics and security services. These third parties will have access to certain information about you, but only where this is necessary for those third parties to provide their services to us.
For example, when you initiate a transaction on our behalf, you enter certain payment data in the special window, which is managed by a payment gateway provider, this information is used by this provider to commence the transaction.
Most of the information which may be shared and described in this Policy is personally non-identifiable. That means that it is barely real to connect this information with particular natural person.
Where we share personal data to these third parties, we ask and require them to implement appropriate organizational and technical security measures for protection against unauthorized disclosure of personal data, and only to process personal data to the extent necessary.
Business transfer. In case of Company or Website or business is transferred to another legal or natural person, reorganization, assignment, joint venture, sale or merger of any part of our corporation, your information may be transferred along with it as part of our database asset.
1.3. Retention of information.
Since your personal information is provided to us on the basis of your consent and for the purposes of using the Site and Services, we need it only for as long as you are our client. In case you withdraw your consent and request us to delete your information, we shall stop processing it and delete some of it. However, we shall retain legally relevant information for protection against legal acts or for enforcement of our rights. For this purposes, that information shall be in a safeguarded and inaccessible form for a period of three years.
2. Age limitation.
Use of Website and/or Services is not allowed for persons under age of eighteen or of another applicable age of majority according to applicable law in your region. We do not knowingly collect any personal information from such users and, if it comes to our attention that we have collected any personal information from a minor, all such information shall be deleted in the fastest available way.
3. Cookies.
The Company does use "Cookies" files which are commonly used on most of the websites for the same reasons - to improve your experience of using our Website and Services. For a more detailed information, please review our Cookies Policy. You will also find there several options of how you can disable or block any such Cookies. If you choose not to disable or block usage of any such Cookies or similar internet technologies and continue using Website and Services, you indicate your consent to our use of the abovementioned technologies and to our use of any personal data hereunder, that has been collected using these technologies.
4. Cross Boarder Data Transfer.
Information, described in this Privacy Policy is stored and processed through providers located in the United States of America. We utilize appropriate safeguards such as Standard Contractual Clauses approved by the European Commission, or another legally approved mechanism, to ensure the lawful transfer of your personal data outside of the EEA.
5. Data Security.
We take commercially reasonable security measures to protect the information from loss, misuse, alteration or destruction. We use HTTPS/SSL encryption to ensure customers' sensitive data is protected. Credit card details submitted by customers are handled securely via HTTPS to ensure maximum confidentiality. Access to such data is limited by need of authorized personnel. However, no method of transmission over the Internet or method of electronic storage is fully secure and, therefore, the Company cannot guarantee absolute security of your information and we shall accept no liability for any unintentional disclosure or loss of such information. You transfer information to and from the Site at your own risk.
6. Rights, Control & Opt-Out.
You are authorized to be in control of your information. To do that, please read this section, since it describes how and where you can do that. If you wish to see, change or delete you Profile Information, you may do so right on your Profile page. During the registration on Site is the moment you give a consent to this Privacy Policy as well as set-up the basic preferences for your personal information use. If you wish to modify preferences, withdraw your consent or delete your information, you should address to Data Management page. Please, bear in mind, that since our Site and Services basically rely on your personal information, deleting key categories of your information would render impossible the provision of Services in essence.
You may also request a copy of your information stored by us on the same Data Management page or through a request to our Support Team. If you wish to opt-out of receiving promotional or similar communication e-mails from us, you may do so following the link in any such e-mail which will lead you to Subscription management. Also you may withdraw your consent on the same Data Management page where most of your control options are available in a simple form. You may also manage Cookies and similar internet technologies as described in our Cookies Policy. You have the right to lodge complaints about the data processing activities carried out by us before a competent data protection authority.
7. Changes.
Please note that we may amend this Privacy Policy and such changes will become effective upon their publication on the Site. Your continued use of the Site shall certify your acceptance of such changes, so please get back here from time to time and review this Policy to be up to date.
You should read this Privacy Policy together with Terms of Service and any other legal documents referred to it, since this is the best way for you to understand how we process personal information, including the sensitive one, collected from all users and visitors of the Site when they visit and use Site and Services, including Optional Services ("Services").
1. Information collection and use
1.1 What information we collect and how we use it. Categories
Contact Information. During your engagement with us you provide us with an e-mail which shall be deemed as Contact Information. It will be used in case our Support Team needs to contact you or to confirm orders, process a refund, renewal or notify you of most up-to-date news for our Site or Services, events, discounts, etc. Thus, Contact Information will be accessible to our Support Team, Marketing specialists and providers.
Payment Data. Information that enables processing of your payments to us is Payment Data. It includes billing address, name, mask of the card, verification information, IP address. Also, if you want to simplify your future payments, you may choose an option on Payment page to store the payment token.
Third Party information. While we may use third party services on our Website, such service providers may employ cookies and web beacons to understand effectiveness of their services. Company also receives information about you and/or your activities from third-party partners whom we work with in compliance with their Privacy Policies.
1.2. Sharing, disclosure of information
As it is described in this document, we always keep your information secure and protected and only use it to make service more effective and comfortable to you. However, there are situations where this information may be disclosed. This section describes of when, on what grounds and to whom it can be disclosed.
If required by law. Rights enforcement. We reserve the right to retain for a period permitted by law or disclose any information indicated in this Policy and acquired during your usage of Services and Site to (i) comply with applicable laws, keep accurate records, resolve disputes, prevent fraud, enforce our Agreements, (ii) protect or defend Company's or affiliated entities or third party's rights or property, (iii) protect someone's safety, health or for any other legally permissible purpose.
We may also use and disclose this information to certain institutions, entities or natural persons in cases where we need to establish proof of use, proof of identity, proof of services provision or related circumstances whichever the case may be. This situation may occur if you dispute your payment to your financial institution, for example.
To trusted third parties. We may use trusted third parties to provide us with certain services related to Site, like data hosting, payment processing, advertising, analytics and security services. These third parties will have access to certain information about you, but only where this is necessary for those third parties to provide their services to us.
For example, when you initiate a transaction on our behalf, you enter certain payment data in the special window, which is managed by a payment gateway provider, this information is used by this provider to commence the transaction.
Most of the information which may be shared and described in this Policy is personally non-identifiable. That means that it is barely real to connect this information with particular natural person.
Where we share personal data to these third parties, we ask and require them to implement appropriate organizational and technical security measures for protection against unauthorized disclosure of personal data, and only to process personal data to the extent necessary.
Business transfer. In case of Company or Website or business is transferred to another legal or natural person, reorganization, assignment, joint venture, sale or merger of any part of our corporation, your information may be transferred along with it as part of our database asset.
1.3. Retention of information.
Since your personal information is provided to us on the basis of your consent and for the purposes of using the Site and Services, we need it only for as long as you are our client. In case you withdraw your consent and request us to delete your information, we shall stop processing it and delete some of it. However, we shall retain legally relevant information for protection against legal acts or for enforcement of our rights. For this purposes, that information shall be in a safeguarded and inaccessible form for a period of three years.
2. Age limitation.
Use of Website and/or Services is not allowed for persons under age of eighteen or of another applicable age of majority according to applicable law in your region. We do not knowingly collect any personal information from such users and, if it comes to our attention that we have collected any personal information from a minor, all such information shall be deleted in the fastest available way.
3. Cookies.
The Company does use "Cookies" files which are commonly used on most of the websites for the same reasons - to improve your experience of using our Website and Services. For a more detailed information, please review our Cookies Policy. You will also find there several options of how you can disable or block any such Cookies. If you choose not to disable or block usage of any such Cookies or similar internet technologies and continue using Website and Services, you indicate your consent to our use of the abovementioned technologies and to our use of any personal data hereunder, that has been collected using these technologies.
4. Cross Boarder Data Transfer.
Information, described in this Privacy Policy is stored and processed through providers located in the United States of America. We utilize appropriate safeguards such as Standard Contractual Clauses approved by the European Commission, or another legally approved mechanism, to ensure the lawful transfer of your personal data outside of the EEA.
5. Data Security.
We take commercially reasonable security measures to protect the information from loss, misuse, alteration or destruction. We use HTTPS/SSL encryption to ensure customers' sensitive data is protected. Credit card details submitted by customers are handled securely via HTTPS to ensure maximum confidentiality. Access to such data is limited by need of authorized personnel. However, no method of transmission over the Internet or method of electronic storage is fully secure and, therefore, the Company cannot guarantee absolute security of your information and we shall accept no liability for any unintentional disclosure or loss of such information. You transfer information to and from the Site at your own risk.
6. Rights, Control & Opt-Out.
You are authorized to be in control of your information. To do that, please read this section, since it describes how and where you can do that. If you wish to see, change or delete you Profile Information, you may do so right on your Profile page. During the registration on Site is the moment you give a consent to this Privacy Policy as well as set-up the basic preferences for your personal information use. If you wish to modify preferences, withdraw your consent or delete your information, you should address to Data Management page. Please, bear in mind, that since our Site and Services basically rely on your personal information, deleting key categories of your information would render impossible the provision of Services in essence.
You may also request a copy of your information stored by us on the same Data Management page or through a request to our Support Team. If you wish to opt-out of receiving promotional or similar communication e-mails from us, you may do so following the link in any such e-mail which will lead you to Subscription management. Also you may withdraw your consent on the same Data Management page where most of your control options are available in a simple form. You may also manage Cookies and similar internet technologies as described in our Cookies Policy. You have the right to lodge complaints about the data processing activities carried out by us before a competent data protection authority.
7. Changes.
Please note that we may amend this Privacy Policy and such changes will become effective upon their publication on the Site. Your continued use of the Site shall certify your acceptance of such changes, so please get back here from time to time and review this Policy to be up to date.
Terms and Conditions
These Terms of Service, together with our Community Rules, Privacy Policy and any other terms specifically referred to in any above documents or other regulations shown on Site, constitute a legally binding agreement (the "Agreement") between You ("You", "Member") and KOKONUT ("Service Provider", "KOKONUT", "We", "Ours", "Us") in relation to your use of the Site and Services (hereinafter referred to as "Singles Community Platform", "Community Platform" or "Platform")
These Terms of Service ("Terms") govern your use of web site at www.kokonut.com ("Site") and all related tools, services, applications, data, software, APIs (which may be also subject to own Terms of Service) and other Services provided by us.
Acceptance.
Please read these Terms of Service, Community Rules, Terms for Optional Services, Privacy Policy very carefully.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT OR ANY PART OF IT, DO NOT USE THE SITE OR ANY OF ITS SERVICES.
By accessing or using the Singles Community Platform, registering an account in any of available ways or by viewing, accessing content from or to the Singles Community Platform, you represent and warrant that you have read and understood the Terms of Service, Community Rules, Privacy Policy, Terms for Optional Services and each and any other part of this Agreement and will abide by them.
By using any of the Services, as defined below, accessible through the Site, you become a Member and agree to, and are bound by this Agreement for as long as you continue to use the Platform.
Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
Our Services include, but are not limited to provision of access to interactive content, Internet-marketing and communication services, optional or additional services offered by or on behalf of KOKONUT (collectively referred to as "Services").
We may offer additional services or revise any of the Services, at our discretion, and this Agreement will apply to all additional or revised Services. We also reserve the right to cease offering any of the Services at all times.
Changes to Terms of Service.
We reserve the right to change, alter, replace or otherwise modify these Terms of Service at any time. The date of last modification is stated at the end of these Terms of Service and is deemed Effective Date of the revised version. It is your responsibility to check this page from time to time for updates. You will have no obligation to continue using the Singles Community Platform following any such change, but if you do not terminate your account as described in the Term and Termination section below, your use of the Singles Community Platform after such change will constitute your acceptance of the revised Terms of Service and the whole Agreement.
Admissibility.
By using the Site and Services, you represent and warrant that you are eighteen (18) years old or more, or of applicable age of majority in your jurisdiction and that you are eligible under your jurisdiction law to use our Singles Community Platform.
You will only use the Services in a manner consistent with this Agreement and all applicable local, state, national and international laws and regulations. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Registration for, and use of, the Site and Services are void where prohibited. You are responsible for determining whether the use of the Services is legal for you in your jurisdiction.
You may not authorize others to use your membership, and You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your user names and/or passwords.
Commercial Use.
This Singles Community Platform is for personal use of individual Members and Registered Users only and you are not allowed to advertise or solicit any Member or Registered User to buy or sell any products or services through the Platform or Services provided. You are not allowed to transmit any chain letters, junk or spam e-mail to other users. You will not use any contact data or other information obtained from the Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Service Provider.
Proprietary Rights.
You hereby acknowledge and agree that KOKONUT is the owner, licensee or authorized user of highly valuable Intellectual Property in, including but not limited to, Site, Platform, Services, database, protected by Copyright materials, patents, trademarks (registered and unregistered trademark rights) or other information and materials protected by law (collectively, "Confidential Information"). KOKONUT retains all proprietary rights in the Services and Platform and all Confidential Information.
You are hereby strictly prohibited to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Platform, without the prior written authorization to do so from the owner of such proprietary rights.
Third-Party Web Sites.
Site may contain links to third-party web sites, including without limitation, advertisers, which are not under our control or scope of responsibility for the content thereof or any links contained in a linked site, or any changes or updates to such websites. Your access to and use of any third-party sites and their services is governed by the terms, conditions, disclaimers, and notices found on each such site. We do not control, endorse, or accept responsibility for third-party services or web-sites. Any dealings between you and any third party in connection with a third-party service, including such party's privacy policies and use of your personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Platform with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Platform.
Disclaimer of warranty.
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SERVICE PROVIDER PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, SITE OR PLATFORM (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KOKONUT DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. KOKONUT DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
SERVICE PROVIDER DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AT THE PLATFORM OR VIA SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY, OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SERVICE PROVIDER (iii) ADOPT OR ACCEPT ANY RESPONSIBILITY FOR ACCURACY, COMPLETENESS OR AUTHENTICITY OF INFORMATION PROVIDED IN PROFILES OF ANY AND ALL MEMBERS OR REGISTERED USERS. UNDER NO CIRCUMSTANCES WILL SERVICE PROVIDER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM OR SERVICES, OR TRANSMITTED TO OR BY ANY MEMBERS OR REGISTERED USERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM AND/OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OR MEMBERS OF THE PLATFORM AND SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF REGISTERED USERS OR MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR MEMBERSHIP, OR, IF YOU HAVE NOT PAID US FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
KOKONUT and our contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Service Provider and its Partners will have no liability to you arising from any incorrectly verified information.
Partners.
KOKONUT has a number of Partners who are independent partners and are not our agents or employees ("Partners"), which are entitled to perform own verification of users willing to be a part of the Singles Community Platform and, subsequently, to grant them access to Platform by registering them on the Platform ("Registered Users"). We accept such Registered Users performing our own verification of provided information for their profile accounts, but these verification methods shall not be presumed exceptional and error-free, thus we shall not bear any responsibility for the correctness or authenticity of information available in Registered Users profiles.
Under no circumstances, we shall be liable or responsible for the willful or negligent acts and/or omissions of any Partner or any of its respective employees, agents, servants or representatives including, without limitation, their failure to verify information provided by and about any Registered User or Member.
Indemnification.
You hereby agree to indemnify, defend and hold harmless KOKONUT, its successors, assignees, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
(i) any violation by you of these Terms of Service, Agreement on whole or our Community Rules;
(ii) any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from You posting Content to the Platform, and/or your making available thereof to other users, Registered Users or Members of the Platform, and/or the actual use of Your Content by other users of the Platform or linked Services in accordance with this Agreement and the parameters set by you with respect to the distribution and sharing of Your Content;
(iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of KOKONUT.
Arbitration Agreement.
For the purposes of this Arbitration Agreement, "KOKONUT" means KOKONUT and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents. "Dispute" means any dispute, claim, or controversy between you and KOKONUT regarding any aspect of your relationship with KOKONUT, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.
Class Action Waiver. The parties hereto expressly agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and KOKONUT specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Member of Platform and/or user of KOKONUT Services, including optional or premium Services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
You and KOKONUT each hereby agreed to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, parties to it might otherwise have had a right or opportunity to bring Dispute in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You hereby give up those rights. Other rights that you would have had if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator's decision is much more limited than in court, and in general an arbitrator's decision may not be appealed for errors of fact or law.
Any dispute, controversy or claim arising out of or relating in any way to the agreement including without limitation any dispute concerning the services, including Premium or Optional Services, Platform, validity, interpretation, enforceability or breach of the agreement, shall be exclusively resolved by binding arbitration upon a submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the agreement, you shall notify KOKONUT in writing thereof and that notice shall include (a) your name, (b) your address, (c) a written description of the Dispute, and (d) a description of the specific relief you seek. Within forty-five (45) days of such notice KOKONUT shall try to resolve the Dispute. Should the dispute not be resolved within forty-five (45) days after such notice, you may pursue your Dispute to arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
All disputes between you and KOKONUT shall be resolved by binding arbitration. Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court.
The arbitration shall be conducted by one arbitrator. If the Parties are not able to agree upon the selection of an arbitrator, within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the London Court of International Arbitration ("LCIA") shall select the arbitrator in accordance with the terms of this agreement. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
The arbitrator shall have three years of experience in online services provision and also shall have served as an arbitrator at least three times prior to their service as an arbitrator in this arbitration. The arbitration shall be conducted in accordance with the then existing rules of the LCIA. The arbitration shall be conducted in LCIA, London, UK. The laws of the United Kingdom shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the LCIA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Except as may be required by law, you, nor your representative may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of KOKONUT.
The arbitrator shall have no authority to award punitive, special and indirect damages. The arbitrators shall not be entitled to issue injunctive and other equitable relief.
The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys' fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrator, and shall be awarded as part of the arbitrator's award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. This Section shall survive the termination or cancellation of this Agreement.
A breach or violation of any of the promises or agreements contained in this Agreement may result in irreparable and continuing damage to KOKONUT for which there may be no adequate remedy at law and you agree that the Company is therefore entitled to seek extraordinary relief in court, including but not limited to preliminary or permanent injunction, temporary restraining orders, as well as such other and further relief as may be appropriate and in addition to and without prejudice to any other rights or remedies that KOKONUT may have for a breach hereof.
Data protection, privacy and cookies.
All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by us in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. Our use of cookies, and how to disable cookies, is explained in our Privacy Policy and Cookies Policy. By accepting these Terms of Service and using the Platform, you also accept the terms of the Privacy Policy and Cookies Policy.
Term and Termination.
You may terminate this Agreement at any time by sending a written notice to us via authorized e-mail confirming such termination, or by deleting your account and thereafter by ceasing to use the Platform. If you have a subscription for certain Optional or Premium Services and terminating this Agreement before the end of such subscription, we are unable to offer any refund for any unexpired period of your subscription if not stipulated under our Refund Policy.
We may suspend your access to the Platform and/or terminate this Agreement at any time if (a) you are deemed to be a infringer as described above; (b) you are in breach of any of the material provision of these Terms of Service or our Community Rules or the Agreement in whole (c) KOKONUT elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or (d) in other reasonable circumstances as determined by us at our discretion. If your account is suspended or terminated by KOKONUT pursuant to (a) or (b) above, you will not be entitled to any refund for any unexpired Optional or Premium services. If your account is terminated pursuant to (c) or (d), refunds may be payable at our reasonable discretion.
This Agreement will remain in full force and effect as long as You use the Platform being a Member to Singles Community Platform. You may terminate Your membership at any time, for any reason according to procedure of termination.
We may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided for at registration, or to any other email address provided by You to us.
Miscellaneous.
This Agreement, which you accept upon registration for the Platform, Services, including Optional or Premium Services, and any applicable payment, renewal, optional or additional Services terms, comprise the entire agreement between you and KOKONUT regarding the use of this Service, superseding any prior agreements between you and KOKONUT related to your use of this Platform or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of KOKONUT to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Contact information:
KOKONUT Group, Inc.
12657 Alcosta Blvd., Suite #500
San Ramon, CA 94583
United States
Customer Service Toll-Free: +1-800-736-2562
General Inquiries: info@kokonut.com
These Terms of Service ("Terms") govern your use of web site at www.kokonut.com ("Site") and all related tools, services, applications, data, software, APIs (which may be also subject to own Terms of Service) and other Services provided by us.
Acceptance.
Please read these Terms of Service, Community Rules, Terms for Optional Services, Privacy Policy very carefully.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT OR ANY PART OF IT, DO NOT USE THE SITE OR ANY OF ITS SERVICES.
By accessing or using the Singles Community Platform, registering an account in any of available ways or by viewing, accessing content from or to the Singles Community Platform, you represent and warrant that you have read and understood the Terms of Service, Community Rules, Privacy Policy, Terms for Optional Services and each and any other part of this Agreement and will abide by them.
By using any of the Services, as defined below, accessible through the Site, you become a Member and agree to, and are bound by this Agreement for as long as you continue to use the Platform.
Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
Our Services include, but are not limited to provision of access to interactive content, Internet-marketing and communication services, optional or additional services offered by or on behalf of KOKONUT (collectively referred to as "Services").
We may offer additional services or revise any of the Services, at our discretion, and this Agreement will apply to all additional or revised Services. We also reserve the right to cease offering any of the Services at all times.
Changes to Terms of Service.
We reserve the right to change, alter, replace or otherwise modify these Terms of Service at any time. The date of last modification is stated at the end of these Terms of Service and is deemed Effective Date of the revised version. It is your responsibility to check this page from time to time for updates. You will have no obligation to continue using the Singles Community Platform following any such change, but if you do not terminate your account as described in the Term and Termination section below, your use of the Singles Community Platform after such change will constitute your acceptance of the revised Terms of Service and the whole Agreement.
Admissibility.
By using the Site and Services, you represent and warrant that you are eighteen (18) years old or more, or of applicable age of majority in your jurisdiction and that you are eligible under your jurisdiction law to use our Singles Community Platform.
You will only use the Services in a manner consistent with this Agreement and all applicable local, state, national and international laws and regulations. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Registration for, and use of, the Site and Services are void where prohibited. You are responsible for determining whether the use of the Services is legal for you in your jurisdiction.
You may not authorize others to use your membership, and You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your user names and/or passwords.
Commercial Use.
This Singles Community Platform is for personal use of individual Members and Registered Users only and you are not allowed to advertise or solicit any Member or Registered User to buy or sell any products or services through the Platform or Services provided. You are not allowed to transmit any chain letters, junk or spam e-mail to other users. You will not use any contact data or other information obtained from the Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Service Provider.
Proprietary Rights.
You hereby acknowledge and agree that KOKONUT is the owner, licensee or authorized user of highly valuable Intellectual Property in, including but not limited to, Site, Platform, Services, database, protected by Copyright materials, patents, trademarks (registered and unregistered trademark rights) or other information and materials protected by law (collectively, "Confidential Information"). KOKONUT retains all proprietary rights in the Services and Platform and all Confidential Information.
You are hereby strictly prohibited to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Platform, without the prior written authorization to do so from the owner of such proprietary rights.
Third-Party Web Sites.
Site may contain links to third-party web sites, including without limitation, advertisers, which are not under our control or scope of responsibility for the content thereof or any links contained in a linked site, or any changes or updates to such websites. Your access to and use of any third-party sites and their services is governed by the terms, conditions, disclaimers, and notices found on each such site. We do not control, endorse, or accept responsibility for third-party services or web-sites. Any dealings between you and any third party in connection with a third-party service, including such party's privacy policies and use of your personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Platform with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Platform.
Disclaimer of warranty.
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SERVICE PROVIDER PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, SITE OR PLATFORM (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KOKONUT DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. KOKONUT DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
SERVICE PROVIDER DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AT THE PLATFORM OR VIA SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY, OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SERVICE PROVIDER (iii) ADOPT OR ACCEPT ANY RESPONSIBILITY FOR ACCURACY, COMPLETENESS OR AUTHENTICITY OF INFORMATION PROVIDED IN PROFILES OF ANY AND ALL MEMBERS OR REGISTERED USERS. UNDER NO CIRCUMSTANCES WILL SERVICE PROVIDER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM OR SERVICES, OR TRANSMITTED TO OR BY ANY MEMBERS OR REGISTERED USERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM AND/OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OR MEMBERS OF THE PLATFORM AND SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF REGISTERED USERS OR MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR MEMBERSHIP, OR, IF YOU HAVE NOT PAID US FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
KOKONUT and our contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Service Provider and its Partners will have no liability to you arising from any incorrectly verified information.
Partners.
KOKONUT has a number of Partners who are independent partners and are not our agents or employees ("Partners"), which are entitled to perform own verification of users willing to be a part of the Singles Community Platform and, subsequently, to grant them access to Platform by registering them on the Platform ("Registered Users"). We accept such Registered Users performing our own verification of provided information for their profile accounts, but these verification methods shall not be presumed exceptional and error-free, thus we shall not bear any responsibility for the correctness or authenticity of information available in Registered Users profiles.
Under no circumstances, we shall be liable or responsible for the willful or negligent acts and/or omissions of any Partner or any of its respective employees, agents, servants or representatives including, without limitation, their failure to verify information provided by and about any Registered User or Member.
Indemnification.
You hereby agree to indemnify, defend and hold harmless KOKONUT, its successors, assignees, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
(i) any violation by you of these Terms of Service, Agreement on whole or our Community Rules;
(ii) any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from You posting Content to the Platform, and/or your making available thereof to other users, Registered Users or Members of the Platform, and/or the actual use of Your Content by other users of the Platform or linked Services in accordance with this Agreement and the parameters set by you with respect to the distribution and sharing of Your Content;
(iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of KOKONUT.
Arbitration Agreement.
For the purposes of this Arbitration Agreement, "KOKONUT" means KOKONUT and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents. "Dispute" means any dispute, claim, or controversy between you and KOKONUT regarding any aspect of your relationship with KOKONUT, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.
Class Action Waiver. The parties hereto expressly agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and KOKONUT specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Member of Platform and/or user of KOKONUT Services, including optional or premium Services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
You and KOKONUT each hereby agreed to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, parties to it might otherwise have had a right or opportunity to bring Dispute in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You hereby give up those rights. Other rights that you would have had if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator's decision is much more limited than in court, and in general an arbitrator's decision may not be appealed for errors of fact or law.
Any dispute, controversy or claim arising out of or relating in any way to the agreement including without limitation any dispute concerning the services, including Premium or Optional Services, Platform, validity, interpretation, enforceability or breach of the agreement, shall be exclusively resolved by binding arbitration upon a submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the agreement, you shall notify KOKONUT in writing thereof and that notice shall include (a) your name, (b) your address, (c) a written description of the Dispute, and (d) a description of the specific relief you seek. Within forty-five (45) days of such notice KOKONUT shall try to resolve the Dispute. Should the dispute not be resolved within forty-five (45) days after such notice, you may pursue your Dispute to arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
All disputes between you and KOKONUT shall be resolved by binding arbitration. Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court.
The arbitration shall be conducted by one arbitrator. If the Parties are not able to agree upon the selection of an arbitrator, within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the London Court of International Arbitration ("LCIA") shall select the arbitrator in accordance with the terms of this agreement. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
The arbitrator shall have three years of experience in online services provision and also shall have served as an arbitrator at least three times prior to their service as an arbitrator in this arbitration. The arbitration shall be conducted in accordance with the then existing rules of the LCIA. The arbitration shall be conducted in LCIA, London, UK. The laws of the United Kingdom shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the LCIA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Except as may be required by law, you, nor your representative may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of KOKONUT.
The arbitrator shall have no authority to award punitive, special and indirect damages. The arbitrators shall not be entitled to issue injunctive and other equitable relief.
The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys' fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrator, and shall be awarded as part of the arbitrator's award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. This Section shall survive the termination or cancellation of this Agreement.
A breach or violation of any of the promises or agreements contained in this Agreement may result in irreparable and continuing damage to KOKONUT for which there may be no adequate remedy at law and you agree that the Company is therefore entitled to seek extraordinary relief in court, including but not limited to preliminary or permanent injunction, temporary restraining orders, as well as such other and further relief as may be appropriate and in addition to and without prejudice to any other rights or remedies that KOKONUT may have for a breach hereof.
Data protection, privacy and cookies.
All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by us in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. Our use of cookies, and how to disable cookies, is explained in our Privacy Policy and Cookies Policy. By accepting these Terms of Service and using the Platform, you also accept the terms of the Privacy Policy and Cookies Policy.
Term and Termination.
You may terminate this Agreement at any time by sending a written notice to us via authorized e-mail confirming such termination, or by deleting your account and thereafter by ceasing to use the Platform. If you have a subscription for certain Optional or Premium Services and terminating this Agreement before the end of such subscription, we are unable to offer any refund for any unexpired period of your subscription if not stipulated under our Refund Policy.
We may suspend your access to the Platform and/or terminate this Agreement at any time if (a) you are deemed to be a infringer as described above; (b) you are in breach of any of the material provision of these Terms of Service or our Community Rules or the Agreement in whole (c) KOKONUT elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or (d) in other reasonable circumstances as determined by us at our discretion. If your account is suspended or terminated by KOKONUT pursuant to (a) or (b) above, you will not be entitled to any refund for any unexpired Optional or Premium services. If your account is terminated pursuant to (c) or (d), refunds may be payable at our reasonable discretion.
This Agreement will remain in full force and effect as long as You use the Platform being a Member to Singles Community Platform. You may terminate Your membership at any time, for any reason according to procedure of termination.
We may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided for at registration, or to any other email address provided by You to us.
Miscellaneous.
This Agreement, which you accept upon registration for the Platform, Services, including Optional or Premium Services, and any applicable payment, renewal, optional or additional Services terms, comprise the entire agreement between you and KOKONUT regarding the use of this Service, superseding any prior agreements between you and KOKONUT related to your use of this Platform or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of KOKONUT to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Contact information:
KOKONUT Group, Inc.
12657 Alcosta Blvd., Suite #500
San Ramon, CA 94583
United States
Customer Service Toll-Free: +1-800-736-2562
General Inquiries: info@kokonut.com
Refund Policy
First and foremost, let us thank you for using our Services. Nothing makes us happier than a happy Member, and as such we promise to do our best to deliver an amazing customer experience. We did our best to make our Refund Policy as friendly as possible.
If you have a need to consider refund, please read this Policy carefully. But before you continue reading this Policy, we would like to draw your attention and remind you the following.
You understand that we make NO guarantees, either express or implied, regarding the results rendered by our agency.
THUS, we provide NO refunds by reason of not meeting your expectations while using the Site, or Services or dissatisfaction with services rendered. We insist that you read our Terms and Conditions of Service again for full and comprehensive understanding of the Services nature.
EXCEPT AS EXPRESSLY stated in this Refund Policy and Terms and Conditions of Service, fees paid, Credits purchased and Credits spent are NOT REFUNDABLE.
However, always keep in mind that we may provide exceptional refunds not outlined in this Policy at our sole and absolute discretion depending on the situation and the circumstances.
TO HANDLE YOUR REQUEST FOR REFUND EASILY, firstly, you should look through Sections 1 and 2 of this Policy in order to find out whether you have grounds for refund and the type of refund you are entitled to (guaranteed or voluntary, money or Credits refund). Once done, please see Section 3 for conversion rate if you are entitled to money refund against Credits and check whether you have observed TIME LIMITS for such request provided in Section 4 of the Policy. Finally, explore Section 5 to find out what a Request for Refund must contain and read the example we provide for your convenience.
1. Guaranteed refunds.
1.1. Money Refund upon Cancellation.
Money refund will only be made where you want to cancel any of your Credits purchase within fourteen (14) days of your payment to us.
The following criteria will then be used to determine the validity and amount of such refund:
If you have not redeemed any amount of Credits for the Services, we will refund your fees paid for Credits in full.
If you redeemed any amount of Credits for the Services, we will provide a refund for unused Credits in the amount calculated according to Section 3 Credits Conversion Rate of this Policy.
1.2. Other Money Refund.
We will refund your fees paid for Credits in full if:
(a) there was a duplicate payment;
(b) the transaction was not authorized by you if confirmed by our internal investigation.
*Technical Issue - an event or a series of events that take place on our side, as Service provider, for a short or substantial period of time which caused defective Services provision, such as technical problems with online chat, sending letters, video streaming, gifts delivery or other.
2. Voluntary refunds.
Please note that any and all voluntary refunds are not guaranteed and provided by us at our sole and absolute discretion on case by case basis.
2.1. Money Refund upon Your Termination or Termination by Us.
If you applied for account termination, we may refund you the value of any unused Credits for which you have previously paid.
If your account or access to the Services is terminated by us for no reason or if we discontinue availability of some or all of the Services, you may be refunded the value of any unused Credits for which you have previously paid.
For the purpose of this Section the amount of refund shall be calculated according to Section 3 Credits Conversion Rate of this Policy.
We NEVER provide a refund to you if your account is terminated by reason of violation of our Terms and Conditions of Service.
2.2. Credits Refund.
We may refund the Credits spent by you back to your Member's account if you find the provided Services to be deficient but not more than 50 Credits in total per single reported issue.
3. Time limit for refund request.
Any Request for Refund, either in Credits or money, shall be submitted not later than fourteen (14) days following the occurrence of reason for refund request. For refunds pursuant to the first paragraph of Section 2.1. of this Policy Refund Requests shall be submitted within one hundred and eighty (180) days following any purchase of Credits. If you fail to comply with the said time limit, your Request for Refund shall not be honored and no refund may be provided.
4. Refund procedure.
If you believe that you are entitled to refund, please send a Request for Refund to our authorized support e-mail: support@kokonut.com
Request for Refund shall contain all of the following:
(a) date of the request;
(b) precise formulation of all reasons for respective request;
(c) your name and a copy of your registration details;
(d) relevant information and any supporting evidence where applicable.
Our support may request any additional information if we reasonably believe that you submitted insufficient evidences in your Request for Refund.
All the provided information in Request for Refund shall be true and correct. Otherwise, the request shall be presumed false and, therefore, dismissed.
We shall process your Request for Refund as soon as possible, but be advised that we are entitled for a ten (10) business days period to review your request.
In the event of a refund, you agree that you may receive the money by bank transfer or Paypal.
5. Important notice.
You shall ALWAYS FIRST apply for a refund to us BEFORE applying to your bank, card issuer or payment service provider for a chargeback.
Should you in bad faith apply to your bank, card issuer or payment service provider for a chargeback without first following our Refund Policy, we may be entitled to bring legal action against you to recover from you any resulting losses that we may suffer as provided in our Terms and Conditions of Service.
In case of conflict between this Refund Policy and our Terms and Conditions of Service, Terms and Conditions of Service will prevail.
If you have a need to consider refund, please read this Policy carefully. But before you continue reading this Policy, we would like to draw your attention and remind you the following.
You understand that we make NO guarantees, either express or implied, regarding the results rendered by our agency.
THUS, we provide NO refunds by reason of not meeting your expectations while using the Site, or Services or dissatisfaction with services rendered. We insist that you read our Terms and Conditions of Service again for full and comprehensive understanding of the Services nature.
EXCEPT AS EXPRESSLY stated in this Refund Policy and Terms and Conditions of Service, fees paid, Credits purchased and Credits spent are NOT REFUNDABLE.
However, always keep in mind that we may provide exceptional refunds not outlined in this Policy at our sole and absolute discretion depending on the situation and the circumstances.
TO HANDLE YOUR REQUEST FOR REFUND EASILY, firstly, you should look through Sections 1 and 2 of this Policy in order to find out whether you have grounds for refund and the type of refund you are entitled to (guaranteed or voluntary, money or Credits refund). Once done, please see Section 3 for conversion rate if you are entitled to money refund against Credits and check whether you have observed TIME LIMITS for such request provided in Section 4 of the Policy. Finally, explore Section 5 to find out what a Request for Refund must contain and read the example we provide for your convenience.
1. Guaranteed refunds.
1.1. Money Refund upon Cancellation.
Money refund will only be made where you want to cancel any of your Credits purchase within fourteen (14) days of your payment to us.
The following criteria will then be used to determine the validity and amount of such refund:
If you have not redeemed any amount of Credits for the Services, we will refund your fees paid for Credits in full.
If you redeemed any amount of Credits for the Services, we will provide a refund for unused Credits in the amount calculated according to Section 3 Credits Conversion Rate of this Policy.
1.2. Other Money Refund.
We will refund your fees paid for Credits in full if:
(a) there was a duplicate payment;
(b) the transaction was not authorized by you if confirmed by our internal investigation.
*Technical Issue - an event or a series of events that take place on our side, as Service provider, for a short or substantial period of time which caused defective Services provision, such as technical problems with online chat, sending letters, video streaming, gifts delivery or other.
2. Voluntary refunds.
Please note that any and all voluntary refunds are not guaranteed and provided by us at our sole and absolute discretion on case by case basis.
2.1. Money Refund upon Your Termination or Termination by Us.
If you applied for account termination, we may refund you the value of any unused Credits for which you have previously paid.
If your account or access to the Services is terminated by us for no reason or if we discontinue availability of some or all of the Services, you may be refunded the value of any unused Credits for which you have previously paid.
For the purpose of this Section the amount of refund shall be calculated according to Section 3 Credits Conversion Rate of this Policy.
We NEVER provide a refund to you if your account is terminated by reason of violation of our Terms and Conditions of Service.
2.2. Credits Refund.
We may refund the Credits spent by you back to your Member's account if you find the provided Services to be deficient but not more than 50 Credits in total per single reported issue.
3. Time limit for refund request.
Any Request for Refund, either in Credits or money, shall be submitted not later than fourteen (14) days following the occurrence of reason for refund request. For refunds pursuant to the first paragraph of Section 2.1. of this Policy Refund Requests shall be submitted within one hundred and eighty (180) days following any purchase of Credits. If you fail to comply with the said time limit, your Request for Refund shall not be honored and no refund may be provided.
4. Refund procedure.
If you believe that you are entitled to refund, please send a Request for Refund to our authorized support e-mail: support@kokonut.com
Request for Refund shall contain all of the following:
(a) date of the request;
(b) precise formulation of all reasons for respective request;
(c) your name and a copy of your registration details;
(d) relevant information and any supporting evidence where applicable.
Our support may request any additional information if we reasonably believe that you submitted insufficient evidences in your Request for Refund.
All the provided information in Request for Refund shall be true and correct. Otherwise, the request shall be presumed false and, therefore, dismissed.
We shall process your Request for Refund as soon as possible, but be advised that we are entitled for a ten (10) business days period to review your request.
In the event of a refund, you agree that you may receive the money by bank transfer or Paypal.
5. Important notice.
You shall ALWAYS FIRST apply for a refund to us BEFORE applying to your bank, card issuer or payment service provider for a chargeback.
Should you in bad faith apply to your bank, card issuer or payment service provider for a chargeback without first following our Refund Policy, we may be entitled to bring legal action against you to recover from you any resulting losses that we may suffer as provided in our Terms and Conditions of Service.
In case of conflict between this Refund Policy and our Terms and Conditions of Service, Terms and Conditions of Service will prevail.
