Effective date: These Terms take effect when they are published on the Websites.
1. About these Terms
These Terms of Service (the “Terms”) govern your use of www.kensingtonmediahouse.com (the “Marketing Site”) and shop.kensingtonmediahouse.com (the “Store” and, together with the Marketing Site, the “Websites”).
The Websites are operated by Kensington Media House Limited, trading as Kensington Media House (“KMH”, “we”, “us”, or “our”), a private company limited by shares registered in Ireland under company number 687906, with its registered office at Jackson’s Cross, Cahir Road, Clonmel, Co. Tipperary, E91 DP66, Ireland.
By accessing or using the Websites, you agree to these Terms. If you use a Website on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” includes that organisation. If you do not agree to these Terms, do not use the Websites.
Two different Website functions. The Marketing Site promotes KMH’s retention-marketing services. The Store sells digital products. These Terms distinguish between them. A separate written agreement governs any agency-services engagement between KMH and a client; that signed agreement prevails over these Terms in relation to those services.
2. Marketing Site information is not an agency-services contract
The Marketing Site is marketing and general information about KMH’s services. An inquiry, booking request, proposal discussion, newsletter subscription, or other interaction with the Marketing Site does not create a client, agency, employment, partnership, fiduciary, or other contractual relationship with KMH.
If you engage KMH for services, the scope, deliverables, fees, payment terms, performance commitments, intellectual-property rights, data-protection obligations, and liability terms will be set out in a separate written agreement signed by authorised representatives of both parties. Nothing on the Marketing Site changes, extends, or overrides such an agreement.
3. Our services and Website content
KMH provides retention-marketing services to ecommerce brands, including email marketing, SMS marketing, CRM and retention strategy, lifecycle and flow architecture, campaign execution, analytics and reporting, consulting, and training.
The Websites may include case studies, testimonials, client examples, insights, and statements about results. They describe past experience in particular circumstances and are not a prediction, projection, promise, or guarantee of your result. Outcomes depend on factors outside KMH’s control, including your product, market, pricing, list quality, existing marketing, and implementation of recommendations.
Any performance guarantee, service level, deliverable, timeline, fee, or other commitment must be expressly set out in a separate written agreement signed by KMH. The Websites do not themselves create such a commitment.
The Websites provide general information only. They are not legal, financial, tax, investment, employment, medical, or other professional advice. You should obtain advice appropriate to your own circumstances before acting on Website information.
4. Store orders and contract formation
The Store offers digital products for purchase. Product descriptions, pricing, currency, taxes, and any applicable delivery charges are displayed in the Store or at checkout. We may correct pricing, description, or availability errors before we accept an order.
Submitting an order is an offer to buy the selected digital product. A contract is formed only when we confirm acceptance of your order by email or make the product available for download or access, whichever occurs first. We may decline or cancel an order before acceptance where permitted by law, including where we cannot obtain payment authorisation, a product is unavailable, information is inaccurate, or we reasonably suspect fraud or misuse.
You must provide accurate and complete order, billing, and contact information. You authorise us and our payment provider to charge the payment method you provide for the total displayed at checkout. We do not store full payment-card details.
5. Delivery of digital products
Unless the product description states otherwise, digital products are made available electronically after payment has been accepted. Delivery may be by download, email, account access, or another method stated at checkout.
You are responsible for ensuring that your device, internet connection, software, and email settings are suitable for receiving and using the digital product. If you have a genuine delivery or access problem, contact us promptly at privacy@kensingtonmediahouse.com and provide your order reference.
6. Cancellation, withdrawal, and refunds for digital products
If you are purchasing as a consumer, you may have statutory cancellation, withdrawal, refund, repair, replacement, or other rights that cannot be excluded by these Terms. Nothing in this section limits those rights.
Where applicable law gives you a right to cancel a contract for digital content during a cooling-off period, we will present the relevant consent and acknowledgement at checkout before we begin immediate digital delivery. By expressly requesting immediate delivery and acknowledging the consequences at checkout, you may lose the statutory cancellation right once supply of the digital content begins, to the extent permitted by applicable law.
If you do not give that consent and acknowledgement, or if mandatory law gives you a remedy, your statutory rights remain unaffected. We will provide a refund or other remedy where required by law, including where a digital product is not supplied as agreed or does not meet mandatory legal standards.
Because digital products can be copied after delivery, we do not offer discretionary refunds simply because you have changed your mind after immediate digital delivery has begun, except where required by law or expressly stated in a product-specific offer. This does not affect your legal rights.
7. Licence to digital products
When you lawfully purchase a digital product, KMH grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use that product for your own internal business or personal use, subject to these Terms and any product-specific licence terms.
Unless we expressly agree otherwise in writing, you must not copy, resell, redistribute, publish, share, lend, rent, lease, sublicense, make available, adapt, extract, or create derivative works from a digital product. You must not remove ownership notices, use a product to develop or market a competing product, or permit others to use it through your access.
Your licence begins when the digital product is made available and continues while you comply with these Terms. We may suspend or terminate the licence for material breach, fraud, or unlawful use. Termination does not affect any statutory consumer rights.
8. Acceptable use
You may use the Websites only for lawful purposes and in accordance with these Terms. You must not, and must not attempt to:
- breach applicable law or another person’s rights;
- obtain unauthorised access to the Websites, servers, accounts, systems, or data;
- introduce malware or other harmful code, interfere with Website operation or availability, or bypass security controls;
- scrape, harvest, systematically extract, or use automated means to access Website content or data, other than ordinary search-engine indexing;
- copy, resell, commercially exploit, or make derivative works from Website content or digital products except as expressly permitted;
- use a Website form, email address, or other contact channel to send unsolicited commercial communications, unlawful content, or harmful material; or
- impersonate another person or misrepresent your affiliation with a person or organisation.
We may suspend or restrict access where we reasonably believe it is necessary to protect the Websites, KMH, users, third parties, or legal compliance.
9. Intellectual property
The Websites and their content, including text, graphics, photographs, video, branding, logos, designs, layouts, case studies, methodologies, frameworks, templates, digital products, software, and compilations (collectively, “Content”), are owned by KMH, its licensors, or other applicable rights holders and are protected by intellectual-property and other laws.
Subject to these Terms, you may view the Websites and print or download reasonable extracts of Content for your own internal, non-commercial informational use. No other right, title, or interest is granted. “Kensington Media House”, “KMH”, and associated logo elements are trade marks or trading names of KMH or its licensors. You may not use them without prior written permission.
10. Materials, submissions, and feedback
You retain ownership of materials and information you submit to us. By submitting them, you grant KMH a non-exclusive, worldwide, royalty-free licence to use, reproduce, process, adapt, and disclose them only as necessary to respond to you, fulfil an order, operate the Websites, evaluate a potential engagement, comply with law, and otherwise as described in our Privacy Policy.
Do not submit information that is unlawful, infringing, defamatory, misleading, confidential, or proprietary unless you have the right to provide it and it is necessary for the stated purpose. You are responsible for obtaining any necessary permissions.
If you submit suggestions, comments, ideas, or feedback about KMH or the Websites, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use and incorporate it without restriction or compensation. We will not publicly identify you as the source without your permission.
11. Third-party services and links
The Websites may link to, embed, or enable access to third-party services, including payment, scheduling, social-media, recruitment, analytics, advertising, video, and communications services. We do not control and are not responsible for their content, availability, security, privacy practices, terms, or transactions. Your use of a third-party service is governed by that provider’s terms and privacy notice.
12. Privacy and cookies
Our Privacy Policy explains how we collect and use personal information. Our Cookie Policy explains how we use cookies and similar technologies. Where consent is required for optional technologies, your choices are managed through the Cookie Settings control.
13. Availability and changes to the Websites
We aim to keep the Websites available and accurate, but do not guarantee that they will be uninterrupted, secure, error-free, current, complete, or free from harmful components. We may modify, suspend, withdraw, or update all or part of the Websites at any time, including for maintenance, security, or operational reasons.
14. Disclaimers and limitation of liability
To the fullest extent permitted by law, the Websites and Content are provided “as is” and “as available.” KMH disclaims all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and availability.
To the fullest extent permitted by law, KMH and its directors, officers, employees, contractors, affiliates, licensors, and suppliers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for loss of profit, revenue, business, goodwill, data, opportunity, or anticipated savings arising from or related to your use of the Websites.
Subject to the preceding paragraphs and to the fullest extent permitted by law, KMH’s total aggregate liability arising out of or relating to the Websites or these Terms will not exceed EUR 100.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or death or personal injury caused by negligence where such liability cannot be excluded. Nothing in these Terms limits a consumer’s statutory rights, including rights in relation to digital content.
15. Indemnity
To the fullest extent permitted by law, you will indemnify, defend, and hold harmless KMH and its directors, officers, employees, contractors, affiliates, licensors, and suppliers from claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of your unlawful use of the Websites, your material breach of these Terms, or materials you submit in breach of another person’s rights or applicable law.
16. Changes to these Terms
We may update these Terms from time to time to reflect changes to the Websites, products, services, or legal requirements. The current version will be posted on the Websites. Your continued use after updated Terms are posted means that you accept them, except where applicable law requires a different notice or consent process.
17. Governing law and jurisdiction
These Terms and any non-contractual obligations arising from or connected with them are governed by the laws of Ireland. The courts of Ireland have exclusive jurisdiction over a dispute arising from or relating to these Terms or the Websites.
This clause does not affect a consumer’s right to rely on mandatory protections of the law of their country of residence or to bring proceedings in a forum that applicable law requires to be available.
18. General provisions
If a provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in force. Our failure to enforce a provision is not a waiver of it.
You may not assign or transfer your rights or obligations under these Terms without our prior written permission. We may assign these Terms in connection with a reorganisation, financing, merger, acquisition, or sale of assets.
These Terms, the Privacy Policy, the Cookie Policy, and any product-specific terms form the entire agreement between you and KMH concerning the Websites and Store purchases. They do not create rights for a third party except where a provision expressly benefits a party that may enforce it under applicable law.
19. Contact us
Kensington Media House Limited
Jackson’s Cross, Cahir Road, Clonmel, Co. Tipperary, E91 DP66, Ireland
Email: privacy@kensingtonmediahouse.com
Let’s Build a Retention Engine for Your Brand
You've seen the proof. Now let’s make it happen.