TERMS & CONDITIONS

WEBSITE TERMS OF USE

1                     Introduction to our website terms of use

1.1                 These terms of use (together with the documents referred to in them) set out the terms that apply to you when using this website“http://www.kitoit.com” or “http://www.kitoit.co.uk”  and all associated web pages (the “Site”).

1.2                 You should read these terms of use carefully before using the Site (whether as a guest or registered user) because they will apply to your use of it. For the avoidance of doubt, “use” or “using” of our Site includes (but is not limited to) accessing, browsing or registering to use the Site.

1.3                 By using the Site, you confirm that you accept, and will comply with our terms of use and the other applicable terms listed in clause 1.6 (below).

1.4                 If you do not agree to these terms of use, then you must not use the Site.

1.5                 We will be happy to answer any questions about our terms of use or the Site and you can contact us using the details below:

  • Address:  Kito IT Limited, Chapel House, 5th Floor, 18 Hatton Place, London EC1N 8RU.
  • E-mail:       info@kitoit.com
  • Tel: 020 7956 9911

Other applicable terms

1.6                 In addition to these terms of use, we also refer you to the following important documents:

§  Privacy Policy – This document explains how we use any personal data collected from you. By using the Site, you consent to us using your data for the purposes referred to in our Privacy Policy.

§  Cookie Policy – This document sets out information about the cookies (small files used to collect information about how you browse the Site) on the Site.

§  Acceptable Use Policy – This document sets out the permitted uses and the prohibited uses of the Site. When using the Site (such as any message forum, help desk ticket request or any other interactive services), you must comply with the Acceptable Use Policy.

1.7                 The documents listed above together with these website terms of use will all apply to your use of the Site (referred to together as the “Terms”).

2                     Information about us

2.1                 The Site is operated by Kito IT Limited, a company incorporated and registered in England and Wales with company number 08357511 (“we”, “us” or “our”). You may contact us using the information set out at clause 1.5 (above).

3                     Changes to our Terms

3.1                 These Terms are dated 1st November 2014. No changes to our Terms are valid or have any effect unless agreed by us in writing. We may vary these Terms from time to time. Our new Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to take notice of these changes.

4                     Content on the Site and accessing the Site

4.1                 In these Terms, the word “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site.

4.2                 We may update the Site from time to time, and may change the Content at any time. Whilst we aim to ensure that the material on the Site is up to date and accurate please note that the Content on the Site may be out of date at any given time and we are under no obligation to update it. We therefore do not guarantee the accuracy of any Content and any reliance you may place on the Content is at your own risk.

4.3                 We do not guarantee that the Site will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

5                     Restrictions on your use of the Site

5.1                 This Site and the Content is maintained for your personal use and general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.

5.2                 As a condition of your use of the Site, you agree:

  • to comply with our Acceptable Use Policy;
  • not to use the Site for any purpose that is unlawful under any applicable law, prohibited by these Terms or in a manner that infringes the rights of, or restricts or inhibits the use and enjoyment of, the Site by any third party;
  • not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as expressly permitted by us or as expressly provided under applicable law; and
  • that you are solely responsible for all costs and expenses that you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.

5.3                 We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms or any applicable law.

6                     Intellectual Property Rights

6.1                 This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us or where relevant, our licensors. We and our licensors reserve all of our intellectual property rights (which include without limitation all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

6.2                 Nothing in these Terms grants you any rights in the Site other than as is necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Content.

7                     Your account and password

7.1                 If you choose, or you are provided with, a user identification code password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party other than within your organisation (where relevant).

7.2                 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions in our Terms.

7.3                 If you know or suspect that anyone other than you knows your user identification code or password then you must promptly notify us using our contact details in clause 1.5.

8                     Submitting information to the Site

8.1                 Whenever you make use of a feature that allows you to upload Content to our Site, or to make contact with other users of the Site, you must comply with the Content standards set out in our Acceptable Use Policy.

8.2                 You warrant that any such contribution complies with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage that we suffer as a result of your breach of warranty.

8.3                 Any Content that you upload to the Site will be considered non-confidential and non-proprietary, we will therefore have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the Content standards set out in our Acceptable Use Policy. However, the views expressed by other users on our site do not represent our views or values.

8.4                 You must not misuse the Site by knowingly introducing trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

9                     Hyperlinks, third-party sites and linking to our Site

9.1                 The Site may contain hyperlinks or references to third-party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no responsibility for any Content, material or information contained on them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third-party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third party site.

9.2                 We encourage you to link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other site.

9.3                 We reserve the right to withdraw our linking permission without notice.

10                  Limitation of our liability

10.1              Nothing in our Terms seeks to exclude or limit our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by the laws of England and Wales

10.2              Subject to clause 10.1 (above), we do not provide any guarantees, conditions or warranties as to the accuracy of the information or Content on the site nor do we accept liability for loss or damage incurred by users of the Site, whether direct, indirect or consequential, whether caused by tort, breach of contract or otherwise, in connection with our Site, its use, the inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it. This includes any loss of:

  • income or revenue;
  • business;
  • profits or contracts;
  • anticipated savings;
  • data;
  • goodwill;
  • tangible property; or
  • wasted management or office time.

10.3              We accept no liability for any failure to comply with these Terms where such failure is beyond our reasonable control.

10.4              We will not be liable for any loss or damage caused by a virus that may infect your computer equipment, data or other property due to your use of our Site or to your downloading of any Content on it, or any website linked to it.

11                  General

11.1              If any part of these Terms is or becomes unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms will not be affected.

11.2              If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise that right.

11.3              These Terms contain the entire understanding and agreement between us in relation to your use of our Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you us to you which is not set out in these Terms.

11.4              You may not assign, sub-license or otherwise transfer any of your rights or obligations in these Terms to any other person.

12                  Governing Law and Jurisdiction

12.1              These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the law of England and Wales. Any dispute arising under these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.