Terms of Service

1. Acceptance of Terms

By accessing this website (kangaroo-marketing.com) or engaging Kangaroo Trade Marketing Ltd for services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please discontinue use of the site and do not instruct us.

These Terms apply to the website and to any services provided by Kangaroo Trade Marketing Ltd unless a separate written agreement is in place, in which case that agreement takes precedence.

2. About Us

Kangaroo Trade Marketing Ltd is a private limited company registered in England and Wales (Company No. 17149602) with its registered office at 71-75 Shelton Street, London, WC2H 9JQ.

We are an advertising agency (SIC 73110) providing trade marketing, brand strategy, digital advertising, shopper marketing, creative production, and related services.

3. Our Services

Information on this website is provided for general informational purposes only. It does not constitute an offer to provide services. Any engagement of our services requires a separate written agreement or signed proposal.

We reserve the right to modify, suspend, or discontinue any aspect of our website or service offering at any time without notice.

4. Engagements & Service Contracts

All client engagements are subject to a signed Statement of Work (SOW) or service agreement. Key provisions will include:

• Scope of services, deliverables, and milestones.
• Project timeline and acceptance criteria.
• Fees, payment schedule, and expenses policy.
• Ownership of deliverables and intellectual property terms.
• Confidentiality obligations and data processing arrangements.

No work will commence until a written agreement has been executed by both parties.

5. Fees & Payment

Fees are as agreed in the applicable SOW or proposal. Unless otherwise agreed:

• Invoices are payable within 30 days of the invoice date.
• Late payments accrue interest at 8% above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998.
• We reserve the right to suspend services for overdue invoices.
• Out-of-pocket expenses (media spend, third-party production, travel) will be agreed in advance and invoiced at cost.

All fees are quoted exclusive of VAT unless otherwise stated. VAT will be applied at the prevailing UK rate where applicable.

6. Intellectual Property

6.1 Client Materials

You retain all intellectual property rights in materials you provide to us (e.g. brand assets, product information, existing creative). You grant us a non-exclusive licence to use such materials solely to perform the agreed services.

6.2 Agency Deliverables

Upon receipt of full payment for a project, we assign all intellectual property rights in the agreed deliverables to you, unless the SOW specifies otherwise. Background IP (pre-existing tools, methodologies, and frameworks we use to deliver work) remains our property.

6.3 Portfolio Use

We may reference your company name and describe the nature of our engagement (without disclosing confidential information) for our own marketing and business development purposes, unless you request otherwise in writing.

7. Confidentiality

Both parties agree to keep confidential all information designated as confidential or which by its nature is clearly confidential, including business plans, strategies, financial data, and customer information. This obligation survives termination of any agreement for a period of 3 years.

Confidentiality does not apply to information that: (a) is or becomes publicly available; (b) was already known to the receiving party; (c) is disclosed with written consent; or (d) is required to be disclosed by law.

8. Client Obligations

To enable us to deliver services effectively, clients are expected to:

• Provide timely, accurate, and complete information and materials.
• Designate an appropriate point of contact with sufficient authority to make decisions.
• Review and approve deliverables within agreed timeframes.
• Ensure all materials provided to us do not infringe third-party rights.
• Comply with all applicable laws in connection with the use of our services.

9. Disclaimers

This website is provided "as is" without warranties of any kind. We do not warrant that the site will be uninterrupted, error-free, or free of viruses. We make no guarantees as to the accuracy or completeness of site content.

Marketing outcomes depend on many factors outside our control. We do not guarantee specific commercial results from campaigns or strategies we deliver.

10. Limitation of Liability

To the maximum extent permitted by law, Kangaroo Trade Marketing Ltd's aggregate liability arising out of or in connection with any agreement or the use of our website shall not exceed the total fees paid by you in the 12 months preceding the claim.

We are not liable for: (a) indirect, consequential, or punitive damages; (b) loss of revenue, profit, or goodwill; (c) loss of data; or (d) any matter beyond our reasonable control.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by English law.

11. Termination

Either party may terminate a service agreement in accordance with the termination provisions set out in the relevant SOW. In the absence of specific provisions:

• Either party may terminate for material breach giving 14 days' written notice to remedy; if not remedied, termination takes effect immediately.
• We may terminate immediately if you fail to pay any undisputed invoice within 60 days of the due date.

On termination, all outstanding fees for work completed become immediately due and payable. We will return or destroy confidential materials on request.

12. Governing Law

These Terms and any agreement between us are governed by the laws of England and Wales. Any dispute arising shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Changes to These Terms

We may update these Terms from time to time. The current version will always be available at kangaroo-marketing.com/terms. Continued use of our website following any update constitutes acceptance of the revised Terms.

14. Contact