These terms and conditions (referred to as this "Agreement" or "Terms and Conditions") apply to all products and services supplied by kgb Deals, Inc. or kgb Shopping, Inc., both of which are corporations organized under the laws of the State of Delaware and with an address at c/o 655 Madison Ave., Third Floor, New York, New York, 10065 (kgb Deals, Inc. and kgb Shopping, Inc. are collectively referred to as "kgb").
We may be contacted as described in Section 23 below.
Your use of the kgbdeals Website (as defined below) and/or placing of an Order with kgb shall constitute Your acceptance of these Terms and Conditions.
ACCORDINGLY, YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY AND, IF YOU DECIDE TO CONTINUE TO USE THE KGBDEALS WEBSITE OR DECIDE TO PLACE AN ORDER WITH KGB, YOU SHOULD PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
You may only use the kgbdeals Website or place an Order if You are 18 years of age or older. If You do not agree with these Terms and Conditions, or if You are under the age of 18, You should immediately refrain from using the kgbdeals Website and should not place an Order with kgb.
Generally, as explained further in Section 19 of these Terms and Condition (below), kgb acts as an agent on behalf of Merchants when providing the Voucher Service. As such, any services or products referred to on a Voucher are to be provided by the Merchant (and not by kgb) and will be subject to any terms and conditions applicable to that Merchant.
However, as explained further in Section 20 of these Terms and Conditions (below), kgb may alternatively provide goods for sale directly to its customers. Such sales will be offered as part of the "KGB Home" and "KGB Outdoor" services. Where this is the case, the contract for the provision of the goods shall, if your Order is accepted, be directly between You and kgb. Where the kgb Home and kgb Outdoor Service is applicable, this will be expressly stated as part of the order process on the kgbdeals Website. If this is not stated as part of the order process, kgb will be providing the Voucher Service to You.
UNLESS EXPRESSLY STATED OTHERWISE ON THE KGB WEBSITE, SERVICES AND PRODUCTS WILL BE PROVIDED TO YOU BY THIRD PARTY MERCHANTS AND NOT BY KGB.
The following terms when used in these kgbdeals Terms and Conditions or any document referred to herein shall have the following meaning:
"Affiliate" means in respect of a party, any company or other business entity controlled by, controlling or under the common control of that party and for the purposes of the definition of "Affiliate" "control", shall mean the direct or indirect power to direct or cause the direction of the management and policies of a company or other business entity, whether through ownership of 50% or more of the voting interest, by contract, or otherwise (and "controlling" and "controlled" shall be construed accordingly). In relation to kgb, Grape Technology Group, Inc shall be considered to be an "Affiliate".
"kgb" means, collectively, kgb Deals, Inc. and kgb Shopping, Inc., each a corporation organized under the laws of the State of Delaware, with an address at c/o 655 Madison Ave., 3d Floor, New York, NY 10065, and its subsidiaries.
"kgb Home or kgb Outdoor Order" mean Your offer to purchase items offered by kgb for sale on the kgbdeals Website under the headings of 'kgb Home' or 'kgb Outdoor' and, where the context requires, the contract formed by kgb's acceptance of such offer.
"kgb Home and kgb Outdoor Service" means the offering and provision of goods directly by kgb to a customer pursuant to the offerings known as the 'kgb Home' and 'kgb Outdoor' as further described in Section 20, excluding, for the avoidance of doubt, the Voucher Services.
"kgb Website" means any of the websites operated by kgb for the provision of the Services, including, but not limited to www.kgbdeals.com, and any websites of business affiliates of kgb on which kgb Vouchers are offered or on which goods are offered directly by directly by kgb to a customer pursuant to the offerings known as the 'kgb Home' and 'kgb Outdoor' as further described in Section 20.
"Merchant" means a merchant offering to sell goods and/or services at a discounted rate via the Voucher Service.
"Order" means a kgb Home or kgb Outdoor Order and/or a Voucher Order.
"Restaurant" means a Merchant that offers food and/or beverages for sale in the course of its business and is making such food and/or beverages available to purchasers of Vouchers.
"Services" means, collectively, the Voucher Services and the kgb Home and kgb Outdoor Service and any other services available in the kgb Website. Where applicable in this Agreement any reference to usage, receipt or provision of the Services shall be deemed to include any access to and/or usage of the kgb Website and any entry and participation in giveaways and prize promotions offered from time to time on the kgb Website.
"We" or "Our" means kgb.
"Voucher" means a voucher issued by kgb to you on behalf of a Merchant which entitles you to purchase the Merchant's products and/or services at a discounted rate.
"Voucher Order" means Your offer to purchase a Voucher via the Voucher Service.
"Voucher Service" means the online discount voucher service operated by "kgb" via the kgb Website, consisting of information and advertising services, content and transaction capabilities provided by kgb, affiliates and business partners of kgb and other third parties.
"Web" means the public internet.
"You" means you, the end user of the Service. "Your" shall be construed accordingly.
3. Service Availability
You acknowledge that interruptions in the kgb Website and/or other events may occur that are beyond the control of kgb, and that kgb shall not be responsible for any data lost while transmitting information on the Web or otherwise. While kgb aims to make the kgb Website accessible at all times it may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of kgb, access to the kgb Website may be interrupted, suspended or terminated from time to time.
4. Equipment, Account Management and Security
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the kgb Website and You will be solely responsible for all charges related thereto and for printing any Vouchers which are purchased as part of the Voucher Service. kgb shall not be liable for any damage to Your equipment resulting from Your use of the kgb Website or printing of Vouchers.
You are required to create an account in order to use the kgb Website. This is required so We can provide You with easy access to print Your Voucher Orders, view your past purchases, modify Your preferences, and to ensure permissible use of the kgb Website and Voucher Service.
You are responsible for protecting the confidentiality of Your password(s), if applicable.
5. Your Use of the kgb Website
You shall ensure that Your use of the kgb Website will at all times be in accordance with all applicable laws. You agree not to post or transmit through the kgb Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without kgb's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by You that in kgb's sole discretion restricts or inhibits any other end user of the kgb Website from using or enjoying the kgb Website is strictly prohibited. You agree not to use the kgb Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of other end users of the kgb Website to become users of other on- or offline services directly or indirectly competitive or potentially competitive with kgb. For Your protection, kgb reserves the right, in its sole discretion, to void or reverse any transaction that kgb suspects may be fraudulent. Any kgbkash awarded in connection with such transaction may also be voided or reversed, in the sole discretion of kgb.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of kgb, its Affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Intellectual Property
All content located on or in the kgb Website is the exclusive property of kgb or is used with the express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE KGB WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF KGB IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject You to civil and / or criminal penalties.
The kgb Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and other content of kgb protected by copyright as a collective work under the United States copyright laws. kgb owns a copyright in the selection, coordination, arrangement and enhancement of all such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for Your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of kgb and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the kgb Website shall not be deemed to be in the public domain but rather the exclusive property of kgb, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of kgb, unless otherwise stated.
You shall not upload, post or otherwise make available on the kgb Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. kgb does not have any express burden or responsibility to provide You with indications, markings or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the kgb Website, You warrant that the owner of such material has expressly granted kgb the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user's personal use. You hereby grant kgb the right to edit, copy, publish and distribute any material made available on the kgb Website by You.
The foregoing provisions of Section 6 apply equally to and are for the benefit of kgb, its Affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
"kgb" is a trademark of Grape Technology Group, Inc., an Affiliate of kgb Deals, Inc. and kgb Shopping, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the kgb Website are the property of their respective owners.
EXCEPT FOR (i) THE WARRANTIES WHICH ARE STATED IN THESE TERMS AND CONDITIONS; AND (ii) WARRANTIES WHICH KGB IS OTHERWISE REQUIRED TO PROVIDE TO YOU BY LAW (WHICH ARE KNOWN AS YOUR "STATUTORY RIGHTS"), NO OTHER WARRANTIES ARE PROVIDED BY KGB IN RELATION TO THE SERVICES.
FOR ANY GOODS WHICH ARE PROVIDED AS PART OF A KGB HOME OR KGB OUTDOOR ORDER, WE WARRANT THAT THE GOODS ARE OF SATISFACTORY QUALITY AND ARE FIT FOR THE PURPOSE WHICH THOSE GOODS ARE COMMONLY USED.
ALL OTHER WARRANTIES WHICH CAN BE EXCLUDED BY LAW ARE HEREBY EXCLUDED BY KGB TO THE MAXIMUM EXTENT PERMISSIBLE.
IN PARTICULAR, NEITHER KGB, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE VOUCHER SERVICE OR KGB WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE VOUCHER SERVICE OR KGB WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, VOUCHER SERVICE OR MERCHANDISE PROVIDED THROUGH THE VOUCHER SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, THEREFORE, THE ABOVE EXCLUSIONS MAY NOT BE APPLICABLE TO YOU.
NOTHING IN THIS SECTION 8 OR ELSEWHERE IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF ANY PARTY FOR (I) DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
FOR THE AVOIDANCE OF DOUBT, AND AS MENTIONED ABOVE, NOTHING IN THIS AGREEMENT AFFECTS YOUR STATUTORY RIGHTS.
SUBJECT TO THE FOREGOING STATEMENTS WHERE KGB DOES ACCEPT LIABILITY, THE REMAINDER OF THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT KGB IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU ACKNOWLEDGE THAT THE MERCHANT (AND NOT KGB) IS THE PROVIDER OF ANY SERVICES OR PRODUCTS REFERRED TO IN A VOUCHER. ACCORDINGLY, EXCEPT AS DESCRIBED ABOVE, IN NO EVENT SHALL KGB, OR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE VOUCHER WITH THE MERCHANT OR THE KGB WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER KGB, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE (UNLESS THEY HAVE ACTED FRAUDULENTLY OR RECKLESSLY), OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR INDIRECT OR CONSEQUENTIAL DAMAGES.
KGB IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU, ANOTHER USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THE KGB WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY KGB. FURTHERMORE, KGB RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE IN ITS SOLE DISCRETION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, THEREFORE, THIS SECTION 8 MAY NOT BE APPLICABLE TO YOU. IN SUCH JURISDICTIONS, KGB'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold harmless kgb, its Affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of Your use of the kgb Website.
kgb shall have the right at any time to change or discontinue any aspect or feature of the Service including, but not limited to, Merchant deals, content, hours of availability and equipment needed for access or use. Further, kgb may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
kgb reserves the right at all times to discontinue or modify this Agreement as we deem necessary or desirable without prior notification to You. Such changes may include, among other things, the adding of certain fees or charges. However, any such changes will not affect any Order which has been placed by You and accepted by kgb. Such Orders will be fulfilled in accordance with the terms of the Agreement that were in effect when Your Order was accepted.
We suggest that You re-read this Agreement from time to time in order that You stay informed as to any such changes. If We make changes to this Agreement and You continue to use the Service, You will be deemed to have agreed to any such changes. Any deletions or modifications to this Agreement shall be effective immediately upon kgb posting them on the kgb Website. Any use by You of the Service after such notice shall be deemed to constitute acceptance by You of such modifications.
kgb shall have the right, but not the obligation, to monitor the content of the kgb Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Service, to determine compliance with this Agreement and any operating rules established by kgb, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, kgb shall have the right to remove any material that kgb, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read Your communications without Your knowledge. kgb does not control or endorse the content, messages or information found in any Community, and, therefore, kgb specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content. Generally, any communication which You post to kgb (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by kgb as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the kgb Website, You grant kgb the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.
Information which you submit as part of the Order process will be used to complete your order and to contact you regarding its progress. It may also be used for any other purpose which you have consented to.
13. License Grant
By posting communications on or through the kgb Website, You shall be deemed to have granted to kgb a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
kgb may terminate this Agreement and/or the continued provision of the Services at any time. However, any such termination will not affect any Order which has been placed by You and accepted by kgb. Such Orders will be fulfilled in accordance with the terms of the Agreement that were in effect when Your order was accepted.
Without limiting the foregoing, kgb shall have the right to immediately terminate any of Your passwords or accounts in the event of any conduct by You which kgb, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement.
The provisions of this Section 15 as well as Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 19, 20 and 21 will survive termination of this Agreement.
16. Third Party Content
kgb, similar to any Web service provider, is a distributor (and not a publisher) of content supplied by third parties and end users. Accordingly, kgb has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of kgb. Subject to Section 8, neither kgb nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through the kgb Website represents the opinions and judgments of the respective information provider, end user, or other user not under contract with kgb. kgb neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on kgb by anyone other than authorized kgb employee spokespersons while acting in official capacities.
Under no circumstances will kgb be liable for any loss or damage caused by Your reliance on information obtained through the kgb Website unless we have acted fraudulently or recklessly. It is Your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through kgb.
The kgb Website may contain links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to You and not as an endorsement by kgb of the contents on such third-party sites and kgb hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk. Unless You have executed a written agreement with kgb expressly permitting You to do so, You may not provide a hyperlink to the kgb Website from any other website. kgb reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, along with the terms and conditions set forth on the Voucher and the terms and conditions set forth on the face of the offer, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
kgb's headquarters are in New York, New York. Legal issues arising out of, but not exclusive to your usage of the Service shall be governed by and in accordance with the laws of the State of New York (exclusive of its rules regarding conflicts of laws). By using the Service you agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the kgb Website shall be finally settled by arbitration in New York under the rules of arbitration of the American Arbitration Association.
Any dispute related to these Terms and Conditions, the kgb Website or the Service must be submitted to arbitration and you must bring any claims in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
For Florida residents purchasing Vouchers where the Merchant is a healthcare provider: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment. In most states, businesses not exclusively owned by physicians are prohibited from practicing medicine.
By placing a Voucher Order, You make an offer to us to purchase the Vouchers You have selected on the terms and conditions stated in Section 19 below.
By placing a kgb Home or kgb Outdoor Order, You make an offer to us to purchase the relevant goods You have selected on the terms and conditions stated in Section 20 below.
A contract of supply will only be formed when Your Order is confirmed by kgb. We are not obligated to accept that Order.
This Section 19 applies to the Voucher Service only. The Voucher You purchase via the Voucher Service is redeemable for the goods and/or services of a specific Merchant. You acknowledge and accept that the Merchant, not kgb, is the seller of the goods and/or services and is solely responsible for redeeming any Voucher You purchase. You further acknowledge and accept that kgb acts as an agent on behalf of the Merchant and shall not be liable to You for the non-performance or any default of the Merchant.
Your usage of Vouchers purchased by You via the Voucher Service shall be subject to the terms and conditions set forth on the kgb Website that are specific to the deal being offered, the terms and conditions set forth on the Voucher, and to the following additional terms and conditions (unless otherwise prohibited by applicable law):
(i) Terms and Conditions for All Vouchers
- All Vouchers printed from the kgb Website or any website associated with kgb are promotional Vouchers that are offered to You below their face value and are subject to the terms and conditions of kgb and the participating Merchant.
- This Agreement incorporates by reference the legal terms and conditions set forth on the face of each Voucher and also the legal terms and conditions set forth on the face of the offer. In the event of any conflict between these Terms and Conditions and any terms and conditions set forth on either the face of the offer or on the Voucher itself, these Terms and Conditions shall prevail.
- The holder and issuer of a Voucher is the Merchant. As a holder and issuer of the Voucher, the Merchant is fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect You, whether caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers.
- Vouchers are not redeemable for cash unless required by law.
- Vouchers are redeemable in their entirety only and may not be redeemed incrementally. You are not eligible for cash back or a credit for partial redemption of a Voucher.
- The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
- Neither the kgb nor the Merchant is responsible for lost or stolen Vouchers or a Voucher's reference number.
- Reproduction, sale or trade of a Voucher is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with these Terms and Conditions or not consistent with applicable laws will render the Voucher null and void.
- Void to the extent prohibited by law.
- Vouchers combine two separate portions: (i) a paid portion equal to the amount You paid for the Voucher (the “Paid Portion”); and (ii) a time-sensitive promotional portion for the balance of the value of the Voucher if the Voucher is redeemed by the promotion expiration date noted on the Voucher (the “Promotional Portion”). The Promotional Portion of the Voucher shall expire on the date set forth on the Voucher. The Paid Portion of any unredeemed Voucher shall be honored as a credit to purchase the goods and/or services of the Merchant equal to such amount for a period of five (5) years from the date of purchase. In some states the law may require the Merchant to honor the amount paid for any unredeemed Voucher beyond five years, in which case the Paid Portion of the Voucher will expire in accordance with the applicable law. If You have not yet redeemed Your Voucher at the time of the expiration date and You request to utilize the credit with the Merchant and the Merchant refuses to honor such credit, You should contact kgbdeals customer service and You will be refunded an amount of kgb kash equal to Your actual purchase price. See Section 21 below for terms and conditions related to kgb kash.
- kgb will provide a refund of the amount You paid for the Voucher within seven (7) business days of the delivery of the Voucher, provided that You have not redeemed the Voucher. After that time, kgb will also provide a refund of the amount You paid for a Voucher or product if the relevant Merchant goes out of business, provided that the Voucher has not expired.
- You acknowledge that kgb does not collect taxes for remittance to applicable taxing authorities. The Merchant is responsible for paying all applicable taxes to the relevant jurisdictions, including, but not limited to, sales and use tax and occupancy and room tax for any hotel Vouchers.
(ii) Additional Terms and Conditions for Restaurant-Specific Vouchers
In addition to the terms and conditions set out in (i) above, the following terms and conditions shall apply to Restaurant-specific Vouchers:
- Redemption frequency is determined by Restaurants, and shall be contained in the Voucher offer.
- It is at the discretion of the Restaurant to determine whether Vouchers can be combined with any other restaurant certificates, third party certificates, vouchers, or promotions.
- Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
- Valid for dine-in only unless otherwise stated.
- Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant. All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. For example, for customers purchasing Vouchers for Restaurants in Ohio, the redemption of the Voucher may be subject to the limitations imposed by the Ohio Revised Code Title  XLIII, Section 4301.01, which imposes a limitation of redeeming Vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Restaurant. kgb's sole role in the transaction is as a marketing agent for the Restaurant-Specific Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Restaurant, and kgb has no role in such determination or action on the part of the Restaurant.
(iii) Additional Terms and Conditions for Non-Restaurant Merchant Vouchers
In addition to the terms and conditions set out in (i) above, the following terms and conditions shall apply to non-Restaurant Vouchers:
- Voucher may be applied only to goods and/or services sold by Merchant, and may not be applied to shipping or handling charges (unless otherwise specified).
- Limit one (1) Voucher per redemption. Only one Voucher can be used per Voucher Order unless otherwise specified by Merchant.
- Vouchers cannot be combined with any other gift certificates, third party certificates, vouchers, or promotions, unless otherwise specified by Merchant.
(iv) Additional Terms and Conditions for Travel Vouchers
In addition to the terms and conditions set out in (i) above, the following terms and conditions shall apply to Vouchers for travel products and services:
- Based on the terms and conditions applicable to the sale of any travel Voucher, You may be eligible to cancel or change Your reservations, but many travel Merchants do not offer the right to make cancellations or changes (even with a fee). Any fees related to such cancellation or change will be at the discretion of the Merchant and may vary greatly among the Merchants, depending on the Merchant's internal policies, the type of deal offered and the location of the deal (among other things). You agree to pay any change or cancellation fees charged to You and You acknowledge that kgb has no liability with respect to these fees.
- kgb's sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and kgb has no role in such determination or action on the part of the Merchant.
(v) Additional Terms and Conditions for Product Deals
In addition to the terms and conditions set out in (i) above, the following terms and conditions shall apply to Vouchers for products:
- Your contract for the sale of goods is with the Merchant and not with kgb. Accordingly, the product is supplied by the Merchant and not kgb.
- If Your product is not working as You expected, please check the product manual and any additional instructions included with the product. If You need assistance, need missing pieces or replacement parts, need warranty information, or if You have general questions about the product's functionality, please contact the Merchant directly.
- kgb will provide a refund of the amount You paid for any product You purchased from the kgb Website within seven (7) business days of the delivery of the product (unless otherwise specified in the terms of the offer on the kgb Website). If You are eligible for a refund for Your product from kgb, You are responsible for the cost of the return shipping. Please contact us using the details set forth in Section 23 to check where the item should be returned. The item must be returned in its original packaging and you must provide kgb with proof of shipment in order to receive a refund.
- Certain products, such as downloadable software products and some personal health and hygiene products, may not be returnable due to legal restrictions. In addition, you cannot return goods made to the Your specifications or clearly personalized or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. In addition, you cannot return audio or video recordings or computer software if they are unsealed by You or newspapers, periodicals or magazines.
20. kgb Home and kgb Outdoor Deals
This Section 20 applies to the kgb Home and kgb Outdoor Service only.
To place a kgb Home or kgb Outdoor Order, you should follow the instructions on the kgb Website. By placing the Order, you are offering to buy the relevant goods and to create a contract of sale between You and kgb.
We will only deliver products to Your registered address or to the address which the payment card used for the transaction is registered. We will only deliver to addresses in the United States.
A contract for the sale of goods will only be formed upon issue of a confirmation by kgb. We have the right to refuse to accept a kgb Home or kgb Outdoor Order or to cancel a kgb Home or kgb Outdoor Order prior to delivery of the good(s) ordered if it is reasonable to do so. For example, we may cancel a kgb Home or kgb Outdoor Order if:
- we are unable to obtain payment from You; or
- we identify a product or pricing error on the kgb Website; or
- we discover that You do not meet any criteria for eligibility of the relevant purchase; or
- You fail to submit all necessary and relevant details to allow us to fulfill the kgb Home or kgb Outdoor Order; or
- the ordered products and/or services are unavailable or out of stock.
We will contact You within a reasonable period if we are cancelling a kgb Home or kgb Outdoor Order. If we have taken payment from You prior to cancelling a kgb Home or kgb Outdoor Order, we will refund the amount that You have paid in full. We will not refund or be liable for any other sums which result from the cancellation.
The prices and shipping charges applicable to kgb Home or kgb Outdoor Orders are those which are published on the kgb Website when Your kgb Home or kgb Outdoor Order is accepted. Unless stated otherwise, prices are stated in US dollars. kgb is currently obligated to remit sales tax on goods sold to residents of New York and Pennsylvania. The laws of each state specify what purchases are subject to sales tax. In addition, We are also obligated by law to collect sales tax on shipping and handling fees associated with taxable purchases shipped to an address in New York and Pennsylvania. Sales tax will be calculated based on your designated shipping address. If You live in a state other than New York or Pennsylvania, You may be responsible for paying tax in accordance with Your state's laws governing online purchases. Shipping and handling charges are shown separately.
Prices, offers and promotions on the kgb Website are subject to availability and they may be withdrawn at any time and without notice
We will not dispatch products unless we have received payment in full.
Except as described below, You are entitled to cancel or request a refund for any kgb Home or kgb Outdoor Order for any reason at any time within seven (7) business days from the day You receive the goods.
If You wish to cancel or request a refund for a kgb Home or kgb Outdoor Order You must inform us in writing that You want to do so using the contact details set out in Section 23 below. You must also keep the goods in a re-saleable condition in their original packaging and return them to us at, at Your cost, within 28 (twenty-eight) days of the day after You receive the goods. We will inform you where to return the goods after you have contacted us. Any return address will be within the United States.
After we have received the goods, we will refund the amount paid by You for the goods (other than delivery charges you paid to have the item shipped to you, which will not be refunded).
For legal reasons, You may not cancel a kgb Home or kgb Outdoor Order:
- for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by kgb;
- for the supply of goods made to the Your specifications or clearly personalized or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;
- for the supply of audio or video recordings or computer software if they are unsealed by You;
- for the supply of newspapers, periodicals or magazines; or
- for gaming, betting or lottery services.
In addition to your cancellation and return right described above, you are also entitled to return goods to us if they are defective (and such defect is not due to the normal wear and tear of the item or misuse). If You believe that goods are defective, You must contact us using the contact details set out in Section 23 below. We will inform you where to return the goods after you have contacted us. Any return address will be within the United States. When we receive the goods, we will inspect them and will determine whether they are defective. If so, we will replace the affected goods (if they are still in stock) unless You request a refund, in which case we will provide You with a full refund (including the delivery costs to You and Your costs of returning the goods).
When You return goods to us, we will not be liable for goods which are lost or which otherwise are not delivered to us. You are advised to use a form of recorded delivery to ensure that goods are received. Proof of mailing is not proof of receipt by us.
kgbkash is the kgb deals Loyalty and Referral Program. kgb may award kgbkash for marketing or promotional purposes, for referrals, or as part of a refund for a previous purchase. If a deal is eligible for a kgbkash referral award, it will be noted on the offer page for the deal, and the amount of the award may vary from deal to deal. Although most deals are eligible for a kgbkash referral award, kgb reserves the right, in its sole discretion, to exclude some deals from the program. No kgbkash will be awarded for any deal purchased using kgbkash. All references on the kgb Websites to monetary rewards for referral invitations are for kgbkash only, not actual cash currency. kgbkash is available only to registered users of kgbdeals is not redeemable for cash and is not transferable. You may not resell kgbkash.
In order to receive a kgbkash referral award, the following conditions must be satisfied: (i) You must be a registered user of kgb deals; (ii) You must refer a kgbkash-eligible kgb deal to a friend using the unique URL; and (iii) such friend must register with kgb deals and successfully make a purchase on the kgb Website, which purchase must be such friend's first purchase with kgb deals. If all such conditions are satisfied, kgb will credit Your account with kgbkash in the amount indicated in the referred kgb deal and You will receive a notification of the award to Your registered email account. All outstanding kgbkash balances will be automatically applied to Your payment for your next subsequent purchase on a kgb Website (applying the oldest kgbkash funds first). Your kgbkash will be applied against the full or partial amount and you may use the entire balance of kgbkash in one purchase (thus it is possible to purchase a Voucher for free). You may use the balance to buy deals in multiple quantities. Your kgbkash can be used in any qualifying city in Your home country.
In addition, any kgbkash awarded in one of our special promotions is subject to the particular terms and conditions of such special promotion, which may different from the terms and conditions set forth in this Section 21.
The following restrictions also apply to Your use of kgbkash: (i) You can only earn up to $120 from friends' first purchases; (ii) unless otherwise specified, kgbkash expires exactly 60 days from the day it was first applied to Your kgbdeals account; and (iii) kgb deals reserves the right, in its sole discretion, to delete or reduce Your kgbkash account if there is a suspicion of fraud or misuse of the kgbkash Loyalty and Referral Program or a breach by You of these kgbdeals Terms and Conditions.
22. Giveaways/Prize Promotions
From time to time we may offer a giveaway or prize promotions on the kgb Website. Each giveaway and prize promotions is to be treated separately; an entry for one giveaway or prize promotions does not entitle the entrant to entry in any other giveaway or prize promotions. These Terms and Conditions apply to each giveaway or prize promotions. Additional terms and conditions and official rules for each giveaway or prize promotions will be set forth in the "View Details" section of the page on which the giveaway or prize promotions is offered. The following rules apply to each giveaway or prize promotions offered on the kgb Website:
- No purchase is necessary. A purchase on the kgb Website will not increase Your chances of winning. You must be registered with kgb to enter. Registration is free. Users may be asked to answer one additional factual question
- All giveaways and prize promotions are open only to legal residents of the fifty (50) United States and the District of Columbia, who are of legal age of majority in their jurisdiction of residence (18 except in AL, NE (19) and MS (21)). Void where prohibited.
- Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in the same households, whether or not related) of kgb their respective parents, Affiliates, and advertising and promotion agencies are not eligible to enter.
- Only one entry per person is permitted for each giveaway or prize promotions. Any additional entries byany such person will be void. In the event of a question with respect to the identity of the winner, entries will be deemed to be made by the holder of the email account registered in connection with the winning entry.
- Odds of winning depend on the number of entries received.
- All federal, state and local taxes, as well as any other expenses not specified herein, are the winner's sole responsibility. Winners may not substitute, assign or transfer the prize, but kgb reserves the right, at its sole discretion to substitute a prize (or a portion thereof) with one of the comparable or greater value. All prize details are at kgb's sole discretion.
- The decisions of kgb are final and binding on matters related to any giveaway or prize promotions.
- Where permitted by law, winners grant kgb the right to use and publish their proper name and state of residence in connection with any giveaway or prize promotions. Acceptance of any prize also constitutes permission for kgb to use any prize winner's name, likeness and/or biographical information for advertising, trade, publicity and promotional purposes in any media now known or hereafter devised without review, notification, approval, or compensation, unless otherwise prohibited by law.
- By participating in any giveaway or prize promotions, entrants release and hold kgb and its Affiliates, officers, directors, employees and agents harmless from any and all liability, claims or actions of any kind whatsoever arising out of their participation in such giveaway or prize promotions, and their acceptance, possession, use or misuse of a prize.
- KGB IS NOT RESPONSIBLE OR LIABLE FOR: (1) ANY TYPOGRAPHICAL OR PRINTING ERRORS; (2) INCORRECT OR INACCURATE ENTRY INFORMATION, WHETHER CAUSED BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THIS PRIZE PROMOTIONS OR BY ANY HUMAN ERROR WHICH MAY OCCUR IN THE PROCESSING OF THE ENTRIES IN THIS PRIZE PROMOTIONS; (3) ANY TECHNICAL ERRORS INCLUDING, BUT NOT LIMITED TO, TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR PROBLEMS OR TRAFFIC CONGESTION; OR (4) ANY OTHER ERRORS IN THE ADMINISTRATION OF THE PRIZE PROMOTIONS. IN NO EVENT WILL KGB, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, EXPECTATION, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY GIVEAWAY OR SWEESPTAKES OR CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY. IN THE EVENT ANY PORTION OF ANY GIVEAWAY OR PRIZE PROMOTIONS IS COMPROMISED BY ANY NON-AUTHORIZED HUMAN INTERVENTION, ACTION OF ENTRANTS, OR OTHER CAUSES BEYOND THE CONTROL OF SPONSOR WHICH, IN THE SOLE OPINION OF KGB, CORRUPT OR IMPAIR THE INTEGRITY, ADMINISTRATION, SECURITY, OR OPERATION OF ANY GIVEAWAY OR PRIZE PROMOTIONS, SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO SUSPEND OR TERMINATE THE GIVEAWAY OR PRIZE PROMOTIONS AND AWARD THE PRIZES FROM ALL ELIGIBLE ENTRIES RECEIVED PRIOR TO THE ACTION OR COMPROMISE GIVING RISE TO THE SUSPENSION OR TERMINATION OF SUCH GIVEAWAY OR PRIZE PROMOTIONS.
23. Customer Support
If You wish to contact us on matters related to this policy, or any other matter related to the Services (including customer service inquiries), click here too go to our Contact Us form.
Date of last update: May 2, 2012