Kiss the Hippo Coffee reserves the right to modify this Site and modify or amend this Agreement at any time. All changes will be effective immediately upon their posting on this Site. Material changes will be posted conspicuously on this Site. Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.
If you do not agree to this Agreement, do not access or use this Site, and instead, contact Kiss the Hippo Coffee in writing as set forth below for desired information.
Use of Site
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, Kiss the Hippo Coffee hereby grants you a limited, revocable, non-transferable and non-exclusive licence to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third-party, except as explicitly permitted by Kiss the Hippo Coffee in advance. Any breach of this Agreement shall result in the immediate revocation of the licence granted in this paragraph without notice to you.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Kiss the Hippo Coffee in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Kiss the Hippo Coffee in advance. Kiss the Hippo Coffee reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Kiss the Hippo Coffee believes that customer conduct violates applicable law or is harmful to Kiss the Hippo Coffee's interests.
You may not submit content to the Site or use it in any manner that:
- Is offensive, violent, promotes racism, bigotry, hatred, harassment or physical harm of any kind against any group or individual;
- Is libellous or slanderous;
- Is intended to cause commercial harm to us or to benefit a third-party at our expense;
- Exploits people in a sexual or violent manner, is pornographic or contains nudity, violence or offensive subject matter or contains a link to a website containing such material;
- Involves any automated use of the system such as, but not limited to, using scripts to add friends or send comments or messages;
- Collects others' names, personal information or contact information by electronic or other means for the purpose of sending unsolicited communications;
- Constructs any links from any page on our website to any other site on the internet, or frames any page from our website on any other website;
- Uses any automated or computerised process we have not previously authorised to access, obtain or download data or content;
- Circumvents or modifies, attempts to or assists another in circumventing or modifying any security technology or software that is part of our website;
- Interferes with any standard technical measures used by copyright owners to identify and protect copyrighted works;
- Transmits or disseminates any kind of material that contains viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of any computer software or hardware or telecommunication systems of third parties, interrupt the normal execution of communications, interfere with or interrupt the services provided on this website otherwise permits the unauthorised use of or access to a computer or a computer network; or
- Uses the website and its services in a manner inconsistent with any and all applicable laws and regulations.
We have the right, but no obligation, to remove any submitted content for any reason. We may, at our sole discretion, remove any content that violates these terms and or is deemed to be objectionable or inappropriate for any reason.
Kiss the Hippo Coffee may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorised to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Kiss the Hippo Coffee has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorised by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Kiss the Hippo Coffee of any unauthorised use of your password or identification or any other breach or threatened breach of this Site's security.
All copyrightable text, graphics, charts, photographs, icons, images, audio, video, software (collectively, “content”), belongs exclusively to Kiss the Hippo Coffee or its Content suppliers. The design, collection, selection, arrangement, and assembly of all Content on this Site (the “Compilation”) belong exclusively to Kiss the Hippo Coffee or its Software suppliers. The Content, the Compilation and the Software are all protected by U.K. and pending international copyright laws. The distinctive and original layout and presentation of this Site also constitute protectable trade dress under applicable law. In addition, many proprietary names and marks belonging to Kiss the Hippo Coffee appear through this Site. This Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. The use of any Kiss the Hippo Coffee trademark or service mark without the express written consent of Kiss the Hippo Coffee is strictly prohibited. You may not use any Kiss the Hippo Coffee trademark or service mark in any way that is likely to cause confusion. You may not use Kiss the Hippo Coffee's trademarks or service marks that in any way disparages or discredits Kiss the Hippo Coffee. Any unauthorised use of any trade dress, marks or any other intellectual property belonging to Kiss the Hippo Coffee or any third-party is strictly prohibited and will be prosecuted to the fullest extent of the law.
Kiss the Hippo Coffee is the owner of numerous trademarks, logos, emblems, and trade dress, all of which represent our vision to provide specialty coffees. We own several trademarks and service marks that have been registered with the United Kingdom Patent and Trademark Office. These include Kiss the Hippo Coffee, among others. You may refer to Kiss the Hippo Coffee’s trademarks in a manner that is not misleading and clearly acknowledges Kiss the Hippo Coffee's ownership of our marks. By using this website, you acknowledge our ownership of our marks and agree not to challenge our rights. You may not use any of Kiss the Hippo Coffee's marks or trade dress in any manner that would lead to confusion as to the source of any product or service, in any manner that would falsely suggest that Kiss the Hippo Coffee is affiliated with, endorses, or sponsors any product or service, or in any manner that would disparage our marks and brand. Our website may include references to marks that belong to other parties. These marks are the property of their respective owners, which may or may not be affiliated or connected with us in some way. We do not authorise you to use any third party’s marks.
As between you and us, we own and reserve all right, title, and interest in and to our website. This includes the copyright in the software and code that allow you to operate the website and the copyright in all content including text, graphics, and images. We hereby grant you a limited non-revocable licence to use our website for personal non-commercial use. You may not copy, distribute, perform or display publicly, prepare derivative works based from, or use our website except as expressly provided in these terms and conditions unless you receive our prior written permission. You may not use our website to collect data or account or other information. You may not reverse engineer any part of our website. We reserve the right to terminate your license to use this website if you do not comply with these terms and conditions.
Risk of Loss; Terms of Sale
Termination and Effect of Termination
In addition to any other legal or equitable remedies, Kiss the Hippo Coffee may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Kiss the Hippo Coffee shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United Kingdom. This Site may contain products or references to products that are not available outside of the United Kingdom. Any such references do not imply that such products will be made available outside the United Kingdom. Kiss the Hippo Coffee makes no representations that the materials on this Site are appropriate or available for use in other countries besides the United Kingdom. If you access and use this Site outside the United Kingdom you are solely responsible for complying with your local laws and regulations.
Accuracy of Information
We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site are accurate, complete, current, or error-free. All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Kiss the Hippo Coffee makes all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time.
We may make changes in information about price and availability without notice. The price displayed on the website may differ from the price for the same item sold as in-store merchandise. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Kiss the Hippo Coffee shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Kiss the Hippo Coffee shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kiss the Hippo Coffee shall immediately issue a credit to your credit card account in the amount of the charge.
In no event shall Kiss the Hippo Coffee or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Site or any linked website or to any material, information, data, products, or services obtained through this Site, or otherwise arising out of your use of this Site, your inability to use this Site or any decision made or action taken by you in reliance of any information, advice or materials provided on this Site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Kiss the Hippo Coffee has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the Site.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Kiss the Hippo Coffee shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Kiss the Hippo Coffee shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kiss the Hippo Coffee shall immediately issue a credit to your credit card account in the amount of the charge.
Third Party Links
If you operate another website and are interested in linking to our Site, you agree to be bound by the following rules:
(1) the link must be a text-only link clearly marked;
(2) the link must “point” to the URL “http://www.kissthehippo.com” and not to any other pages;
(3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of Kiss the Hippo Coffee;
(4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with Kiss the Hippo Coffee’s names and marks;
(5) the link, and use thereof, may not create the false appearance that an entity other than Kiss the Hippo Coffee is associated with or sponsored by Kiss the Hippo Coffee;
(6) the link, when activated by a user, must display this site full-screen and not with a “frame” on the linked website; and
Kiss the Hippo Coffee respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Arbitration If A Dispute Arises(“Arbitration Agreement”)
Any legal dispute between you and Kiss the Hippo Coffee concerning or arising out of these Terms shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. However, either you or Kiss the Hippo Coffee may bring any individual claim in small claims court consistent with the jurisdictional and limits that may apply, as long as it is brought and maintained as an individual claim. You may opt out of this Arbitration Agreement within the first 60 days after the earliest of the first time you (a) make a purchase from the Site; (b) sign up for any service provided by Kiss the Hippo Coffee and (c) purchase an Kiss the Hippo Coffee gift card, including without limitation the Rewards Program, by sending a signed letter to Arbitration Opt-Out, Attn: Legal, Unit 33 Woodall Road, Redburn Industrial Estate, Enfield, London, EN3 4LQ. The letter should include your printed name, address, and the words “Reject Arbitration”.
Either party may initiate arbitration, which shall be conducted by the Chartered Institute of Arbitrators (“CIArb”) pursuant to its Arbitration Act 1996 code of practice, as modified by this Arbitration Agreement. The Arbitration Act 1996 is available on the Legislation Gov website https://www.legislation.gov.uk/ukpga/1996/23/content. In the event the Chartered Institute of Arbitrators is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration service provider. Unless you and Kiss the Hippo Coffee agree otherwise, any arbitration hearing shall take place in the city of London. If you live outside the United Kingdom, any arbitration will take place in a London county court. We encourage you to call Kiss the Hippo Coffee in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court; however, any relief must be individualised to you and shall not affect any other customer. You and Kiss the Hippo Coffee also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Kiss the Hippo Coffee hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private solicitors general lawsuit or private solicitors general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Kiss the Hippo Coffee will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of solicitors’ fees and expenses against you.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Arbitration Act 1996 and other applicable laws. The law applies to any aspect of these Terms and Conditions, or to any disputes and claims that are covered by the Arbitration Agreement; except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
You agree that Kiss the Hippo Coffee's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Kiss the Hippo Coffee shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Kiss the Hippo Coffee may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, solicitors’ fees.
No right or remedy of Kiss the Hippo Coffee shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, solicitors’ fees and expenses.
No instance of waiver by Kiss the Hippo Coffee of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waivers.
As always, we have a 30-day return policy. If you are unsatisfied with any purchase you have made with us for any reason, please contact us via the information below for a full refund of the purchase price within 30 days of receipt date. Tell us your name, the order number, which items, how many of you are returning, and the reason for the return. We will reply to the email with a Return Merchandise Account number and instructions on how to send the items back to us.
Copyright Infringement Claims Procedure
We do not permit anyone to post materials on our website that infringe the copyrights of others. We have adopted and will follow the procedures outlined in the Copyright and Related Rights Regulations 2003, to address claims that copyright-protected material has been placed on our website without permission from the copyright owner.
A. Notice to Designated Agent
If you claim ownership of copyright in material posted on our website and you believe that posting it infringes your copyright -- or if you are authorised to act on behalf of a person who makes such a claim -- you may send us notice via email or regular mail, or by sending a notice in accordance with the Notice Requirements in the following Section B, to the following: Address:
Kiss the Hippo Coffee Limited.
c/o Kiss the Hippo Coffee Copyright Agent
Kiss the Hippo Coffee
Unit 33 Woodall Road,
Redburn Industrial Estate, Enfield, London
Monday – Friday: 7:00 – 18:00 GMT
Saturday– Sunday: 8:00 – 18:00 GMT
B. Notice Requirements
To be sure we are able to address your claim; you must include the following information in your notice:
- Your physical or electronic signature. The notice should be signed either by the copyright owner of the infringing work or by someone authorised to act on the copyright owner’s behalf;
- Identification of the copyrighted work you claim was infringed. If multiple copyrighted works are covered by the same notification, you may provide a representative list of the infringed works.
- Identification of where on our website the copyrighted material can be found. Please provide a complete URL and any additional information necessary to enable us to locate and identify the claimed infringing material.
- Your contact information. Please provide an address, telephone number, and, if available, an email address at which we can contact the complaining party.
- Certification of Infringement. The notice must certify that the complaining party has a good faith belief that use of the material on our website is not authorised by the copyright owner, its agent, or the law.
Certification of Accuracy. The notice must also state that the information supplied is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you fail to comply substantially with these notice requirements you may experience a delay while we seek supplemental information. In the event, we are unable to obtain supplemental information that substantially complies with these requirements we may deny your request to remove or disable the material.
- Takedown Upon Notice. Upon receipt of proper notification of claimed copyright infringement, we will respond promptly to remove or disable access to, the material.
Counter Notification. After disabling or removing the alleged infringing material, we will take reasonable steps promptly to notify the user who posted the material that the material was removed or access was disabled. Thereafter, the user may provide a counter notification. To submit a proper counter notification a user must provide:
- A physical or electronic signature of the user providing the counter notification.
- Identification of the material that was removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled.
- A statement by the user that “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
- The user's full name, address, telephone number, and username.
- If the user's address is located within the United Kingdom, the following statement: “I consent to the jurisdiction of the London County Court in which my address is located and I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.”
- If the user's address is not located within the United Kingdom, the following statement: “I consent to the jurisdiction of the London County Court for any judicial city in which Kiss the Hippo Coffee may be found and I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.”
- Actions Upon Counter Notification. Upon receipt of a counter notification of the type described above, we will promptly provide the person who gave the original notice of infringement a copy of the counter notification. We will also inform the original claimant that we will replace the removed material or cease disabling access to the material unless we receive notice, no more than 10 business days thereafter, that the claimant has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material.
- Repeat Infringers. Posting infringing materials is a violation of our website's terms and conditions. We will not permit repeated violations of this policy. In appropriate circumstances, we may terminate any user account, disable the user’s password, or take other appropriate action with respect to any user or users if we make a reasonable determination that the user or users are repeat infringers.
The Copyright and Related Rights Regulations 2003 provides for penalties against persons who knowingly materially misrepresent that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification. If you have questions about any notification or counter notification to be provided hereunder, please seek advice from knowledgeable counsel. The information presented here is provided for informational purposes only and does not constitute legal advice.
©2017-2018, Kiss the Hippo Coffee Limited, All Rights Reserved.
All information contained on this site is property of Kiss the Hippo Coffee unless otherwise noted. Any reproduction without express written consent of Kiss the Hippo Coffee is prohibited.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this site to:
Kiss the Hippo Coffee Limited.
c/o Kiss the Hippo Coffee Copyright Agent
Kiss the Hippo Coffee
Unit 33 Woodall Road,
Redburn Industrial Estate, Enfield, London