TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions, together
with any and all other documents referred to herein, set out the terms of use
under which you may use this website, www.kingcharlesireturn.co.uk under
the management of KCIR limited (“Our
Site”). Please read these Terms and
Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by
these Terms and Conditions is deemed to occur upon your first use of Our
Site. If you do not agree to comply with
and be bound by these Terms and Conditions, you must stop using Our Site
immediately.
1.
Definitions and
Interpretation
1.1
In these Terms
and Conditions, unless the context otherwise requires, the following
expressions have the following meanings:
“Content” |
means any and all text, images, audio, video, scripts, code, software,
databases and any other form of information capable of being stored on a
computer that appears on, or forms part of, Our Site; and |
“We/Us/Our” |
means KCIR Limited , a
company registered in England under 11951062, whose registered address is Flat
7 Ribble Court, Garrard Gardens, Sutton Coldfield B73 6DL |
2.
Information About
Us
2.1
Our Site, www.kingcharlesireturn.co.uk,
is owned and operated by KCIR Limited, a limited company registered in England
under 11951062, whose registered address is Flat 7 Ribble Court, Garrard Gardens, Sutoon
Coldfield B73 6DL
3.
Access to Our
Site
3.1
Access to Our
Site is free of charge.
3.2
It is your
responsibility to make any and all arrangements necessary in order to access
Our Site.
3.3
Access to Our
Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site
(or any part of it) at any time and without notice. We will not be liable to you in any way if
Our Site (or any part of it) is unavailable at any time and for any period.
4.
Intellectual
Property Rights
4.1
All Content
included on Our Site and the copyright and other intellectual property rights
subsisting in that Content, unless specifically labelled otherwise, belongs to
or has been licensed by Us. All Content
is protected by applicable United Kingdom and international intellectual
property laws and treaties.
4.2
Subject to sub-Clauses
4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store,
or in any other manner re-use Content from Our Site unless given express
written permission to do so by Us.
4.3
You may:
4.3.1
Access, view and
use Our Site in a web browser (including any web browsing capability built into
other types of software or app);
4.3.2
Download Our Site
(or any part of it) for caching;
4.3.3
Print one copy of
any page from Our Site;
4.3.4
Download extracts
from pages on Our Site; and
4.3.5
Save pages from
Our Site for later and/or offline viewing.
4.4
Our status as the
owner and author of the Content on Our Site (or that of identified licensors,
as appropriate) must always be acknowledged.
4.5
You may not use
any Content saved or downloaded from Our Site for commercial purposes without
first obtaining a licence from Us (or our licensors, as appropriate) to do
so. This does not prohibit the normal
access, viewing and use of Our Site for general information purposes whether by
business users or consumers.
4.6
Nothing in these
Terms and Conditions limits or excludes the provisions of Chapter III of the
Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to
Copyright Works’, covering in particular the making of temporary copies;
research and private study; the making of copies for text and data analysis for
non-commercial research; criticism, review, quotation and news reporting; caricature,
parody or pastiche; and the incidental inclusion of copyright material.
5.
Links to Our Site
5.1
You may link to
Our Site provided that:
5.1.1
You do so in a
fair and legal manner;
5.1.2
You do not do so
in a manner that suggests any form of association, endorsement or approval on
Our part where none exists;
5.1.3
You do not use
any logos or trade marks displayed on Our Site without Our express written
permission; and
5.1.4
You do not do so
in a way that is calculated to damage Our reputation or to take unfair
advantage of it.
5.2
You may not link
to any page other than the homepage of Our Site, www.kingcharlesireturn.co.uk. Deep-linking to other pages requires Our
express written permission.
5.3
Framing or
embedding of Our Site or associated sites on other websites is not permitted
without Our express written permission.
Please contact Us at info@kingcharlesireturn.co.uk
for further information.
5.4
You may not link
to Our Site from any other site the main content of which contains material
that:
5.4.1
is sexually
explicit;
5.4.2
is obscene,
deliberately offensive, hateful or otherwise inflammatory;
5.4.3
promotes
violence;
5.4.4
promotes or
assists in any form of unlawful activity;
5.4.5
discriminates
against, or is in any way defamatory of, any person, group or class of persons,
race, sex, religion, nationality, disability, sexual orientation, or age;
5.4.6
is intended or is
otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or
embarrass another person;
5.4.7
is calculated or
is otherwise likely to deceive another person;
5.4.8
is intended or
otherwise likely to infringe (or threaten to infringe) another person’s right
to privacy;
5.4.9
misleadingly
impersonates any person or otherwise misrepresents the identity or affiliation
of a particular person in a way that is calculated to deceive (obvious parodies
are not included in this definition provided that they do not fall within any
of the other provisions of this sub-Clause 5.4);
5.4.10 implies any form of affiliation with Us where none
exists;
5.4.11 infringes, or assists in the infringement of, the
intellectual property rights (including, but not limited to, copyright, trade
marks and database rights) of any other party; or
5.4.12 is made in breach of any legal duty owed to a third
party including, but not limited to, contractual duties and duties of confidence.
5.5
The content
restrictions in sub-Clause 5.4 do not apply to content submitted to sites by
other users provided that the primary purpose of the site accords with the
provisions of sub-Clause 5.4. You are
not, for example, prohibited from posting links on general-purpose social
networking sites merely because another user may post such content. You are, however, prohibited from posting
links on websites which focus on or encourage the submission of such content
from users.
6.
Links to Other
Sites
Links to other sites may be
included on Our Site. Unless expressly
stated, these sites are not under Our control.
We neither assume nor accept responsibility or liability for the content
of third party sites. The inclusion of a
link to another site on Our Site is for information only and does not imply any
endorsement of the sites themselves or of those in control of them.
7.
Disclaimers
7.1
Nothing on Our
Site constitutes advice on which you should rely. It is provided for general information
purposes only.
7.2
Insofar as is
permitted by law, We make no representation, warranty, or guarantee that Our
Site will meet your requirements, that it will not infringe the rights of third
parties, that it will be compatible with all software and hardware, or that it
will be secure.
7.3
We make
reasonable efforts to ensure that the Content on Our Site is complete,
accurate, and up-to-date. We do not, however,
make any representations, warranties or guarantees (whether express or implied)
that the Content is complete, accurate, or up-to-date.
8.
Our Liability
8.1
To the fullest
extent permissible by law, We accept no liability to any user for any loss or
damage, whether foreseeable or otherwise, in contract, tort (including
negligence), for breach of statutory duty, or otherwise, arising out of or in
connection with the use of (or inability to use) Our Site or the use of or
reliance upon any Content included on Our Site.
8.2
To the fullest
extent permissible by law, We exclude all representations, warranties, and
guarantees (whether express or implied) that may apply to Our Site or any Content
included on Our Site.
8.3
If you are a business
user, We accept no liability for loss of profits, sales, business or revenue;
loss of business opportunity, goodwill or reputation; loss of anticipated
savings; business interruption; or for any indirect or consequential loss or
damage.
8.4
We exercise all
reasonable skill and care to ensure that Our Site is free from viruses and
other malware. We accept no liability
for any loss or damage resulting from a virus or other malware, a distributed
denial of service attack, or other harmful material or event that may adversely
affect your hardware, software, data or other material that occurs as a result
of your use of Our Site (including the downloading of any Content from it) or
any other site referred to on Our Site.
8.5
We neither assume
nor accept responsibility or liability arising out of any disruption or non-availability
of Our Site resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure,
natural events, acts of war, or legal restrictions and censorship.
8.6
Nothing in these
Terms and Conditions excludes or restricts Our liability for fraud or
fraudulent misrepresentation, for death or personal injury resulting from
negligence, or for any other forms of liability which cannot be excluded or
restricted by law. For full details of
consumers’ legal rights, including those relating to digital content, please
contact your local Citizens’ Advice Bureau or Trading Standards Office.
9.
Viruses, Malware
and Security
9.1
We exercise all
reasonable skill and care to ensure that Our Site is secure and free from
viruses and other malware.
9.2
You are
responsible for protecting your hardware, software, data and other material
from viruses, malware, and other internet security risks.
9.3
You must not
deliberately introduce viruses or other malware, or any other material which is
malicious or technologically harmful either to or via Our Site.
9.4
You must not
attempt to gain unauthorised access to any part of Our Site, the server on
which Our Site is stored, or any other server, computer, or database connected
to Our Site.
9.5
You must not
attack Our Site by means of a denial of service attack, a distributed denial of
service attack, or by any other means.
9.6
By breaching the
provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence
under the Computer Misuse Act 1990. Any
and all such breaches will be reported to the relevant law enforcement
authorities and We will cooperate fully with those authorities by disclosing
your identity to them. Your right to use
Our Site will cease immediately in the event of such a breach.
10.
Acceptable Usage
Policy
10.1
You may only use
Our Site in a manner that is lawful. Specifically:
10.1.1 you must ensure that you comply fully with any and all
local, national or international laws and/or regulations;
10.1.2 you must not use Our Site in any way, or for any
purpose, that is unlawful or fraudulent;
10.1.3 you must not use Our Site to knowingly send, upload,
or in any other way transmit data that contains any form of virus or other
malware, or any other code designed to adversely affect computer hardware,
software, or data of any kind; and
10.1.4 you must not use Our Site in any way, or for any
purpose, that is intended to harm any person or persons in any way.
10.2
We reserve the
right to suspend or terminate your access to Our Site if you materially breach
the provisions of this Clause 10 or any of the other provisions of these Terms
and Conditions. Specifically, We may
take one or more of the following actions:
10.2.1 suspend, whether temporarily or permanently, your
right to access Our Site;
10.2.2 issue you with a written warning;
10.2.3 take legal proceedings against you for reimbursement
of any and all relevant costs on an indemnity basis resulting from your breach;
10.2.4 take further legal action against you as appropriate;
10.2.5 disclose such information to law enforcement authorities
as required or as We deem reasonably necessary; and/or
10.2.6 any other actions which We deem reasonably appropriate
(and lawful).
10.3
We hereby exclude
any and all liability arising out of any actions (including, but not limited to
those set out above) that We may take in response to breaches of these Terms
and Conditions.
11.
Privacy and
Cookies
Use of Our Site is also
governed by Our Cookie and Privacy Policies, available from the links on Our Sites These policies are incorporated into these
Terms and Conditions by this reference.
12.
Changes to these
Terms and Conditions
12.1
We may alter
these Terms and Conditions at any time. If
We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you
upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page
from time to time.
12.2
In the event of
any conflict between the current version of these Terms and Conditions and any
previous version(s), the provisions current and in effect shall prevail unless
it is expressly stated otherwise.
13.
Contacting Us
To contact Us, please email us
at info@kingcharlesireturn.co.uk
14.
Communications
from Us
14.1
If We have your
contact details, We may from time to time send you important notices by
email. Such notices may relate to
matters including, but not limited to, service changes and changes to these
Terms and Conditions.
14.2
We will never
send you marketing emails of any kind.
14.3
For questions or
complaints about communications from Us (including, but not limited to emails),
please contact Us at info@kingcharlesireturn.co.uk
15.
Data Protection
15.1
All personal
information that We may use will be collected, processed, and held in
accordance with the provisions of EU Regulation 2016/679 General Data
Protection Regulation (“GDPR”) and your rights under the GDPR.
15.2
For complete
details of Our collection, processing, storage, and retention of personal data
including, but not limited to, the purpose(s) for which personal data is used, the
legal basis or bases for using it, details of your rights and how to exercise
them, and personal data sharing (where applicable), please refer to Our Privacy
Policy and Cookie Policy.
16.
Law and
Jurisdiction
16.1
These Terms and
Conditions, and the relationship between you and Us (whether contractual or otherwise)
shall be governed by, and construed in accordance with the law of England &
Wales.
16.2
If you are a
consumer, you will benefit from any mandatory provisions of the law in your
country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces
your rights as a consumer to rely on those provisions.
16.3
If you are a
consumer, any dispute, controversy, proceedings or claim between you and Us
relating to these Terms and Conditions, or the relationship between you and Us
(whether contractual or otherwise) shall be subject to the jurisdiction of the
courts of England and Wales.
16.4
If you are a
business, any disputes concerning these Terms and Conditions, the relationship
between you and Us, or any matters arising therefrom or associated therewith
(whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England
& Wales