Terms and conditions of use
Last updated 2020-04-14
1. Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full;
accordingly, if you disagree with these terms and conditions or any part of
these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use
any of our website services, we will ask you to expressly agree to these terms
and conditions.
1.4 You must be at least 13 years of age to use our website; by using our
website or agreeing to these terms and conditions, you warrant and represent to
us that you are at least 13 years of age.
1.5 Our website uses cookies; by using our website or agreeing to these terms
and conditions, you consent to our use of cookies in accordance with the terms
of our privacy and cookies policy.
2. Copyright notice
2.1 Copyright (c) 2020 Calderwood OÜ.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and
other intellectual property rights in our website and the material on our
website; and
(b) all the copyright and other intellectual property rights in our website and
the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) use our website services by means of a web browser, subject to the other
provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of
these terms and conditions, you must not download any material from our website
or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes,
and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not
edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another
website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print
and electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed
our whole website, at our discretion; you must not circumvent or bypass, or
attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause,
damage to the website or impairment of the performance, availability or
accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or harmful
purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or
distribute any material which consists of (or is linked to) any spyware,
computer virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software;
(d) conduct any systematic orautomated data collection activities (including
without limitation scraping,data mining, data extraction and data harvesting)
on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or
other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity
(including without limitation email marketing, SMS marketing, telemarketing and
direct mailing).
4.2 You must not use data collected from our website to contact individuals,
companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our
website, or in relation to our website, is true, accurate, current, complete
and non-misleading.
5. Registration and accounts
5.1 You may register for an account with our website by completing and
submitting the account registration form on our website, and clicking on the
verification link in the email that the website will send to you.
5.2 You must not allow any other person to use your
account to access the website.
5.3 You must notify us in writing immediately if
you become aware of any unauthorised use of your account.
5.4 You must not use
any other person's account to access the website.
6. User login details
6.1 If you register for an account with our website, you will be asked to choose a user ID and password.
6.2 Your user ID must not be liable to mislead and must comply
with the content rules set out in Section 9; you must not use your account or
user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any
disclosure of your password.
6.5 You are responsible for any activity on our website arising out of any
failure to keep your password confidential, and may be held liable for any
losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 We may:
(a) suspend your
account;
(b) cancel your account; and/or
(c) edit your account details, at any time in our sole discretion without
notice or explanation.
7.2 You may cancel your account on our website.
8. Your content: licence
8.1 In these terms and conditions, "your content" means all works and materials
(including without limitation text, graphics, images, audio material, video
material, audio-visual material, scripts, software and files) that you submit
to us or our website for storage or publication on, processing by, or
transmission via, our website.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free
licence to reproduce, store and, with your specific consent, publish your
content on and in relation to this website.
8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.
8.4 You grant to us the right to bring an action for infringement of the rights
licensed under Section 8.2.
8.5 You hereby waive all your moral rights in your content to the maximum
extent permitted by applicable law; and you warrant and represent that all
other moral rights in your content have been waived to the maximum extent
permitted by applicable law.
8.6 You may edit your content to the extent permitted using the editing
functionality made available on our website.
8.7 Without prejudice to our other rights under these terms and conditions, if
you breach any provision of these terms and conditions in any way, or if we
reasonably suspect that you have breached these terms and conditions in any
way, we may delete, unpublish or edit any or all of your content.
9. Your content: rules
9.1 You warrant and represent that your content will comply with these terms
and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any
person's legal rights, and must not be capable of giving rise to legal action
against any person (in each case in any jurisdiction and under any applicable
law).
9.3 Your content, and the use of your content by us in accordance with these
terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right,
design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data
protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission
of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous
manner;
(m) be pornographic;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which
may be acted upon and could, if acted upon, cause illness, injury or death, or
any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti
social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
10. Limited warranties
10.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
10.2 We reserve the right to discontinue or alter any or all of our website
services, and to stop publishing our website, at any time in our sole
discretion without notice or explanation; and save to the extent expressly
provided otherwise in these terms and conditions, you will not be entitled to
any compensation or other payment upon the discontinuance or alteration of any
website services, or if we stop publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to Section
11.1, we exclude all representations and warranties relating to the subject
matter of these terms and conditions, our website and the use of our website.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from
negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable
law; or
(d) exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 11 and
elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating
to the subject matter of these terms and conditions, including liabilities
arising in contract, in tort (including negligence) and for breach of statutory
duty, except to the extent expressly provided otherwise in these terms andconditions.
11.3 To the extent that our website and the information and services on our
website are provided free of charge, we will not be liable for any loss or
damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any
event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including
(without limitation) loss of or damage to profits, income, revenue, use,
production, anticipated savings, business, contracts, commercial opportunities
or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any
data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or
consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of
our officers and employees and, having regard to that interest, you acknowledge
that we are a limited liability entity; you agree that you will not bring any
claim personally against our officers or employees in respect of any losses you
suffer in connection with the website or these terms and conditions (this will
not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if
you breach these terms and conditions in any way, or if we reasonably suspect
that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they
block your access to our website;
(f) commence legal action against you, whether for breach of contract
or otherwise; and/or
(g) suspend or delete your account on our website.
12.2 Where we suspend or prohibit or block your access to our website or a part
of our website, you must not take any action to circumvent such suspension or
prohibition or blocking, (including without limitation creating and/or using a
different account).
13.Variation
13.1 We may revise these terms and conditions from time to time.
13.2 We will give you written notice of any revision of these terms and
conditions, and the revised terms and conditions will apply to the use
of our website from the date that we give you such notice; if you do not agree
to the revised terms and conditions, you must stop using our website.
13.3 If you have given your express agreement to these terms and conditions, we
will ask for your express agreement to any revision of these terms and
conditions; and if you do not give your express agreement to the revised terms
and conditions within such period as we may specify, we will disable or delete
your account on the website, and you must stop using the website.
14. Assignment
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise
deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub
contract or otherwise deal with any of your rights and/or obligations under
these terms andconditions.
15. Severability
15.1 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.
15.2 If any unlawful and/or unenforceable provision of these terms and
conditions 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.
16. Third party rights
16.1 A contract under these terms and conditions is for our benefit and
your benefit, and is not intended to benefit or be enforceable by any third
party.
16.2 The exercise of the parties' rights under a contract under these
terms and conditions is not subject to the consent of any third party.
17. Entire agreement
17.1 Subject to Section 11.1, these terms and conditions,together with our
privacy and cookies policy, shall constitute the entire agreement between you
and us in relation to your use of our website and shall supersede all previous
agreements between you and us in relation to your use of our website.
18. Our details
18.1 This website is owned and operated by Calderwood OÜ.
18.2 We are registered in Estonia under registration number 14668405, and our
registered office is at Sepapaja 6, Tallinn 15551, Estonia.
18.3 You can contact us:
(a) using our website contact form;
(b) via Twitter, using our handle @kephiso_app.
19. Representative within the European Union
19.1 Our representative within the European Union with respect to our
obligations under data protection law is Neil Calderwood, and you can contact
our representative by using our website contact form.