Terms and Conditions for End User of Kooble

Notice

Please read these terms and conditions very carefully before proceeding to join Kooble. By registering for Kooble’s services you are deemed to have accepted these terms and conditions and will be legally bound by them whether or not you choose to read them and they will continue to apply every time you use Kooble.

The Restaurant Service

These terms apply to your use of the restaurant reservation service (the “ Restaurant Service”) operated by The Online Booking CoOperative for Scotland Limited (“Kooble”). The Restaurant Service may be used to secure reservations at participating restaurants and make bookings or purchase goods or services from other Offer Providers. The reservations and bookings are processed through Kooble’s database and through software installed at Kooble’s offices. Once a reservation or booking is made through the Restaurant Service, it will be confirmed onscreen and automatically to your e-mail address.

Warranties and Liability

You acknowledge that the Service is being made available to you free of charge and that Kooble makes no representations or warranties, express or implied, regarding the Restaurant Service and all representations, undertakings, warranties, terms and conditions whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. Except as provided in this Agreement, Kooble shall not be liable to you for any claims whatsoever including but not limited to those arising from loss of profits, business, revenue, goodwill, anticipated savings and/or any other indirect, special or consequential loss or damage whether arising under contract, negligence or otherwise out of or in connection with the Restaurant Service. In particular, Kooble accepts no responsibility or liability for the acts or omissions of participating restaurants which all operate independently of Kooble. Kooble neither excludes nor limits its liability for death or personal injury caused by its own negligence or any other liability the exclusion or limitation of which is expressly prohibited by law.

Prepaid Services, including Big Deal, Spa & Beauty, Hotels, Self Catering and Events where payment is made to Kooble.

In these terms “Offer Provider” is the generic term for Hotel, Spas and Self Caterers and other operators. In relation to Prepaid Services, Kooble is acting as a collection agent for payment of sums due to those Offer Providers. Accordingly, Kooble do not control, offer or manage the provision of any goods or services purchased by you from such Offer Providers. The contract therefore which will govern the purchase by you of goods and services from the relevant Offer Provider will at all times be that of the Offer Provider whose terms and conditions details will be available directly from the relevant Offer Provider. In that regard, save as provided in these terms and conditions, any decision relating to cancellation or returns will accordingly be in the hands of the relevant Offer Provider and will be in accordance with the Offer Provider’s terms and conditions of business. The Offer Provider shall be fully responsible for any and all injuries, damages, illnesses, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Offer Provider. As the provider of the Kooble platform, Kooble does not own, control, offer or manage any listings or tourism services. Kooble is not a party to the contracts entered into directly between customers and Offer Providers; nor is Kooble a real estate broker, travel agency, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. Kooble is not acting as an agent in any capacity for any Member, except as with regarding the provision of payment services. You waive, and release Kooble from any claim, liabilities, damages, or injury arising from or related to any act or omission of an Offer Provider in connection with services or goods provided via Kooble Prepaid Services and also in connection as it relates to compliance with any laws relating to the redemption of the Prepaid Services or any part thereof.

Nothing in these terms waives your rights under card scheme rules in relation to chargebacks.

Prepaid Services, including Big Deal, Spa & Beauty, Hotels, Self Catering and Events where payment is made to the Offer Provider, e.g “Pay on arrival”.

In these terms “Offer Provider” is the generic term for Hotel, Spas and Self Caterers and other operators. In relation to Prepaid Services, Kooble is not acting as a collection agent for payment of sums due to those Offer Providers. Kooble does not control, offer or manage the provision of any goods or services purchased by you from such Offer Providers. The contract therefore which will govern the purchase by you of goods and services from the relevant Offer Provider will at all times be that of the Offer Provider whose terms and conditions details will be available directly from the relevant Offer Provider. In that regard, save as provided in these terms and conditions, any decision relating to cancellation or returns will accordingly be in the hands of the relevant Offer Provider and will be in accordance with the Offer Provider’s terms and conditions of business. The Offer Provider shall be fully responsible for any and all injuries, damages, illnesses, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Offer Provider. As the provider of the Kooble platform, Kooble does not own, control, offer or manage any listings or tourism services. Kooble is not a party to the contracts entered into directly between customers and Offer Providers; nor is Kooble a real estate broker, travel agency, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. Kooble is not acting as an agent in any capacity for any Member, except as with regarding the provision of payment services. You waive, and release Kooble from any claim, liabilities, damages, or injury arising from or related to any act or omission of an Offer Provider in connection with services or goods provided via Kooble Prepaid Services and also in connection as it relates to compliance with any laws relating to the redemption of the Prepaid Services or any part thereof.

Nothing in these terms waives your rights under card scheme rules in relation to chargebacks.

Payment Service Providers.

Payments may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the payment services, and Kooble is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms of use. Please review them before using your payment method.

14 day period

Under Scottish law you have a right to cancel your transaction with Kooble within 14 days of your receipt of your confirmation email, providing that you have not used the services or goods in whole or in part. If you wish to obtain a refund from Kooble within this period then please email us at customercare@koobleit.com. This “cooling off” period expires 14 days after the day you receive your goods. However, if this period expires on a non-working day, your deadline is extended till the next working day. This does not apply to salon appointments, booked accommodation or events. Once a booking has been made or an event purchased the terms and conditions of the relevant service provider will be applicable. Most salons or spas will have a 24-hour cancellation policy unless otherwise stated. No refunds or re-scheduled appointments will be offered after this period.

The Offer Provider is obliged to honour the booking in compliance with law. After 14 days, no refund will be provided, except if you have not received the goods because the relevant Offer Provider has gone out of business or becomes insolvent or because the Offer Provider refuses to honour the promised services on the booked date. In such cases Kooble may be able to refund you the purchase price of the voucher. In order to receive the refund, you must send an email to: customercare@koobleit.com, forwarding the email that we sent you with the booking or purchase and explaining how it is that you have been unable to obtain the services or goods.

Please note that you have an obligation to make your booking for Pre Paid Offers in a timely manner and ther principle of “first come first served” may apply. If you leave it until late in the duration of the validity period, the Offer Provider may be unable to give you the date and time you request or may be unable to give you any availability at all. In such circumstances, no refund will be provided.

Whilst Kooble goes to great effort to provide accurate information, item names, descriptions, prices, and allergenic warnings on this website, the menus and descriptions are ultimately provided by the Offer Providers. If you are in doubt about allergy warnings or the contents of a dish or ingredients in a service, it is best to confirm with the Offer Provider directly prior to ordering.

Kooble will not be liable for any negligent act or omission, by any Offer Provider contracting with you for the provision of their goods and services, nor will Kooble be liable for any misrepresentation made by the relevant Offer Provider to you. Kooble will accept liability solely for matters which arise as a result of our negligence and/or our breach of any duty to exercise care in making arrangements as agent of the relevant Offer Provider to collect sums due by you to the relevant Offer Provider under your contract with the relevant Offer Provider. Kooble will not however be liable for any consequential, indirect or special loss so incurred by you.

Competitions

1. These terms and conditions apply to all competitions (unless and to the extent that) the competition states otherwise.
2. Unless otherwise specified, competitions are open to UK and ROI residents aged 18 or over except employees of Kooble Ltd, and their families, agents or any other person(s) connected with the competition, including third-party promotional partners.
3. Unless otherwise specified, entry is limited to one per person. The winner is responsible for ensuring they are able to accept the prize as set out and in accordance with these terms and conditions, in the event they are unable to do so then Kooble reserves the right to redraw the prize. Entry is free but entrants should be aware that they may be subject to local call charges depending on their own individual arrangements for Internet access.
4. By entering, all eligible entrants agree to abide by each and all these terms and conditions. Misrepresentative or fraudulent entries will invalidate an entry. Kooble reserves the right, with or without cause, to exclude entrants and withhold prizes for violating any of these terms and conditions. Kooble reserves the right to amend these terms and conditions. Any amendments will be published on the Website.
5. Unless otherwise specified, the winner(s) will be drawn at random from all correct entries received before the closing date. Winners will be notified within 28 days after the closing date. All reasonable endeavours will be made to contact the winner during this time. If a winner cannot be contacted or is not available, Kooble reserves the right to re-draw another winner from the correct entries which were received before the closing date.
6. Kooble reserves the right to publish entries (including parts of entries) other than the winning entry and publication does not necessarily mean the entrant has won a prize.
7. Entrants will retain copyright in their submitted entries, however, by entering, all entrants license Kooble a worldwide royalty-free perpetual license to edit, publish and use each entry in any and all media (including print and online) for publicity and news purposes.
8. Kooble will not be liable for any failure of receipt of entries. Kooble Ltd takes no responsibility for any entries that are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid. Entries will not be acknowledged or returned.
9. Other than death or personal injury arising from the acts or omissions of Kooble Ltd or its employees, Kooble will not be liable for any loss or damage arising out of the winner’s (or their guests’) enjoyment of the prize.
10. There is no cash or other alternative to the prize stated and the prize is not transferable and no part or parts of the prize may be substituted for other benefits, items or additions.
11. By entering, any subsequent prize winners agree to allow the free use of their names, photographs and general locations for publicity and news purposes during this and future promotions by Kooble or any associated or subsidiary company.
12. Uses of personal data received by Kooble in the course of the promotion are subject to the privacy policy found on the Website. Winners’ names may be published on the Website or associated websites.
13. Winners may be required to submit valid identification before receiving their prize.
14. Kooble’s decision is final and binding on the entrants. No correspondence will be entered into. 16. Kooble reserves the right at any time to cancel, modify or supersede the competition (including altering prizes) if, in our sole discretion, a competition is not capable of being conducted as specified. Kooble reserves the right to withdraw a prize if for any reason the Service Provider is unable to fulfill the service.
15. Competition rules published on the Website form part of these rules. Promoter: (address above).

Intellectual property

Any comments which you provide to Kooble become the intellectual property of Kooble, are copyright to them and may be used in any form whatsoever in perpetuity.

Modification

Kooble may at any time modify these terms and conditions. Any modifications will become effective on either the posting of the modified terms and conditions on the Site or on notification to you.

Termination

Kooble reserves the right to terminate the Service and/or your use of the Service at its discretion without notice.

Governing Law

This Agreement is deemed to have been made in Scotland and is governed by Scottish law. Any dispute relating to this Agreement will be referred to the Scottish courts. If you require any further information please address your inquiry to customercare@Koobleit.com

Privacy Policy

The koobleit.com website (the “Site”) is owned by The Online Booking CoOperative for Scotland Limited (“Kooble”). Kooble is committed to protecting the privacy of anyone who uses the Site and to complying with the Data Protection Act 1998. Subject to the provisions of this privacy policy, any personal information provided by you will be treated as confidential by Kooble; except: a – where you have registered through a co-partner of Kooble in which case any personal information will be shared with them, b – should you be in breach of contract with one of our offer providers, for example, failing to honour a cheque or making a fraudulent credit card payment. This privacy policy only relates to the Site and does not extend to your use of the Internet outside of the Site, in particular, this privacy policy does not relate to any sites which you may link to using the hypertext connections within the Site. Kooble reserves the right to modify this privacy policy at anytime and will notify guests of such amendments through the Site. Kooble collects information from Site guests in order to help Kooble provide a high quality service and to ensure that the Site is both appealing and informative. In order to operate the service booking information will be supplied to participating offer providers. Information which you supply may also be used by Kooble to compile profiles of user preferences and needs. By using the Site you consent to such use. Kooble may send you information and in addition, if you have consented, may pass your details to carefully selected third parties who may from time to time send you information on products and services that may be of interest to you. If at any time you wish to change your subscriber details, please log into my guest account or if you would like further details about the data Kooble has compiled about you, contact customercare@Koobleit.com

Kooble is registered with The Data Protection Agency