Introduction

This website is owned and maintained by Kinetic Solutions Limited (“KSL”). The use of this website is subject to the following terms and conditions, which you should read carefully. By using this website, you agree to be legally bound by these terms and conditions. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

By using this website and agreeing to these terms and conditions, you consent to KSL’s use of your information in accordance with the terms of the “Privacy Policy” that can be viewed here.

By using this website and agreeing to these terms and conditions, you consent to KSL’s use of cookies in accordance with the terms of the “Cookies Policy” that can be viewed here.

The website is operated by KSL, registered in England and Wales with its registered office at 249 Silbury Boulevard, Milton Keynes, MK91NA VAT number is GB 716 1456 47. Company number is 03169474.

Main trading address is 249 Silbury Boulevard, Milton Keynes, MK91NA.

License to use website

Unless otherwise stated, KSL and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-licence material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to this website without KSL’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without KSL’s express written consent.

Restricted access

Access to certain areas of this website is restricted. KSL reserves the right to restrict access to areas of this website, or indeed this entire website, at KSL’s discretion.

If KSL provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@kineticsoftware.com.

KSL may disable your user ID and password in KSL’s sole discretion without notice or explanation.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  KSL makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, KSL does not warrant that:

• this website will be constantly available, or available at all;
• use of this web site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection; or
• The information on this website is complete, true, accurate, or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require legal, financial, or other professional advice, you should consult an appropriate professional.

Limitations of liability

KSL will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if KSL has been expressly advised of the potential loss.

Where the website contains links to other sites and resources provided by third parties, these links are provided for your information only. KSL has no control over the contents of those sites and resources.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit KSL’s liability in respect of any:

• death or personal injury caused by KSL’s negligence;
• fraud or fraudulent misrepresentation on the part of KSL; or
• matter which it would be illegal or unlawful for KSL to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to KSL a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant KSL the right to sublicense these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, KSL, or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

KSL reserves the right to edit or remove any material submitted to this website, or stored on KSL’s servers, or hosted or published upon this website.

Notwithstanding KSL’s rights under these terms and conditions in relation to user content, KSL does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Other parties

You accept that, as a limited liability entity, KSL has an interest in limiting the personal liability of its directors and employees.  You agree that you will not bring any claim personally against KSL’s directors or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect KSL’s directors, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as KSL.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify KSL and undertake to keep KSL indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by KSL to a third party in settlement of a claim or dispute on the advice of KSL’s legal advisers) incurred or suffered by KSL arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to KSL’s other rights under these terms and conditions, if you breach these terms and conditions in any way, KSL may take such action as KSL deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.

Variation

KSL may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

KSL may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

KSL does not guarantee that the website, or any content on it, will be free from errors or omissions.

Assignment

KSL may transfer, sub-contract or otherwise deal with KSL’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and jurisdiction

If you are a business, please note that these terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer, please note that these terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales. However, if you are a resident of Scotland, you may also bring proceedings in Scotland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

Contact us

If you have any questions about these terms and conditions, please:

• write to us by email to info@kineticsoftware.com
• write to us by post to 249 Silbury Boulevard, Milton Keynes, Buckinghamshire, MK9 1NA; or
• call us on +44 1908 067000