1. Definitions and Information About Us
Account means the level and nature of Services requested by you upon sign-up to the Site, or as subsequently upgraded or amended (subject to payment of all applicable costs (if any) required in relation to your Account);
Confidential Information means all confidential information relating to us or to the functions and delivery of the Services including any ideas, business methods, finance, prices, business, financial, marketing, development or manpower plans, computer systems and software, know-how or other matters connected with the Services and information concerning our relationships with actual or potential clients, customers or suppliers and any other information which, if disclosed, will be liable to cause harm to us or our actual or potential customers and/or clients and/or suppliers;
Content Standards means those content standards in relation to information uploaded by you to the Site or to the Services and as defined in paragraph 21;
Force Majeure Event means an event outside our control as defined in paragraph 14;
Services means all functionality provided via the Site and in accordance with your Account;
Site means the website www.kiltr.com operated by us;
KILTR, we, us or our means KILTR Limited, a private limited company registered in Scotland with company number SC331155 having its registered office at KILTR, 1 Bothwell Lane, Glasgow G12 8JS and having VAT number VAT 979 3485 51.
You or your means the person or organisation registering on the Site and utilising the Services.
2. Service Availability
2.1 Whilst we have every intention for the Site and our Services to be available worldwide, our Site is designed principally for use by people resident in English speaking countries. Accordingly, some restrictions may be placed on the extent to which we make Services available to users in non-English speaking countries.
2.2 We shall provide access to the Services to you as follows:
- 2.2.1 we reserve the right to control, direct and establish technical procedures for the use of the Site and Services and you agree to follow our reasonable instructions and procedures with respect to the use of the same. We also reserve the right to make operational changes to the Site or Services, including any personal or user identifiers allocated to you;
- 2.2.2 we warrant that we have obtained and will use reasonable endeavours to ensure that we retain all necessary consents, licences or agreements required for the provision of the Services; 2.2.3 we will use our reasonable endeavours to maintain 24 hour access to the Site but cannot guarantee continuous, uninterrupted use especially where it is necessary to carry out routine maintenance, repairs, reconfigurations or upgrades or in circumstances beyond our control including any Force Majeure Event. We will not be liable for a failure to provide continuous access to the Site or continuous access to the Services to you;
- 2.2.4 we reserve the right (but do not assume the obligation), to inspect the content and materials relating to your use of the Services , in files, emails, and postings, etc to ascertain compliance with the Contract or any applicable laws, regulations or codes.
2.3 We grant to you and you accept a non-exclusive and non-transferable license to use any software provided by us to access and utilise the Services, for the sole purpose of enabling you to use the Services. You acknowledge that the title and all intellectual property in and to the software and all other intellectual property rights belonging to us to which you may have access during the provision of the Services shall remain with us. You recognise that any software used in relation to the Services constitutes our valuable trade secrets. You undertake to use your best efforts to protect and keep confidential all software used by you in relation to the Services, and shall make no attempt to examine, copy, alter, reverse engineer, disassemble or tamper with such software.
2.4 You acknowledge that we are entirely dependent on our suppliers and other service providers in relation to the quality and accessibility of our Services and we shall not be liable to you or any third party on the event of a failure of the Services arising from a failure of any network or connection infrastructure.
- 2.6.1 withdraw (temporarily or permanently) your right to use the Site and/or the Services;
- 2.6.2 remove (temporarily or permanently) any posting or material uploaded by you to the Site;
- 2.6.3 issue a warning to you;
- 2.6.4 initiate legal proceedings against you for reimbursement of our costs (on an indemnity basis) in relation to the breach.
The responses described above shall not be limited and we may take any other action we reasonably deem appropriate.
3 Your Status And Obligations
3.1 By opening an Account through our Site, you warrant that:
- 3.1.1 if you are opening an account on behalf of a business, company or organization, you are accordingly authorised on behalf of your business, company or organisation to do so; and
- 3.1.2 you are at least 18 years old (if an individual).
3.2 You acknowledge and agree that you are responsible for obtaining and maintaining your own compatible computer systems being all such equipment, software and communication lines, including any public lines required by you properly to access the Services. We have no responsibility or liability in respect of your equipment or any failure by you to access the Services.
3.3 You will ensure at all times that your use of any Services is carried out in accordance with all applicable data protection laws and other applicable laws, licences, codes of practice and regulations.
3.4 You acknowledge that all information and facilities offered as part of the Services may not be subject to the same legislation applicable to your country of use and accordingly you transact and utilise the Services entirely at your own risk.
3.6 You undertake not to use the Site or the Services:-
- 3.6.1 in any way that breaches any applicable local, national or international law or regulation;
- 3.6.2 in any way that is unlawful, fraudulent, or has any unlawful or fraudulent purpose or effect;
- 3.6.3 for the purpose of harming or attempting to harm minors in any way;
- 3.6.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards;
- 3.6.5 to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (e.g. spam);
- 3.6.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- 3.6.7 in any way that (i) may incite violence, sadism, cruelty or racial hatred; or (ii) may facilitate prostitution or paedophilia; or (iii) is pornographic, obscene, indecent, abusive or menacing;
- 3.6.8 to infringe or invade the privacy of other users of the Site and the Services nor collect nor transfer any personal data obtained about such users without their consent.
3.7 You undertake:
- 3.7.1 to maintain, at all times, the confidentiality of your login details, password and such other Confidential Information relating to your access to or use of the Services;
- 3.7.2 when giving any payment or credit card information (where applicable) to ensure that the same is accurate, complete and up-to-date and that you have the authority to give such information;
- 3.7.4 not to access without authority, interfere with, damage or disrupt: (i) any part of our Site, including any underlying software; or (ii) any equipment or network on which our Site is located, hosted or stored.
- 3.7.5 not to obtain, or attempt to obtain, the Service by rearranging tampering with, or making connections with any of our facilities or by any trick, scheme, false representation or false credit device, or by or through any other fraudulent means or devices whatsoever, with intent to avoid payment, in whole or in part, or the regular charges for the Services;
- 3.7.6 not to attempt to, or actually obtain, access, alter or destroy the data files, programs, procedures and/or information comprising part of the Services;
- 3.7.7 not to act in such a manner as to interfere unreasonably with the use of the Services by any other user or authorised person;
3.8 You undertake to indemnify us and keep us indemnified at all times in full against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by us directly or indirectly in respect of:
- 3.8.1 access to and/or use of your Account and/or the Services by you;
- 3.8.2 any information, data or material produced, transmitted, downloaded or uploaded by you to the Site, to your Account or otherwise in connection with the Services;
3.9 You acknowledge that the operation of the Services using the internet (and/or such other telecommunication networks) can never be completely error free and we give no warranty to that effect. We will use reasonable endeavours to maintain your access to the Services.
3.10 You acknowledge that our provision of the Services to you will require us to make your materials, information and content available through the internet (or such other telecommunication networks), and you hereby grant us a transferable, royalty free licence to use such materials, information and content in our provision of the Services.
4. How the Contract Is Formed Between You and Us
5. Our Status
Please note that we may provide links on our Site to the websites of other companies (through advertisements, co-promotions or otherwise), whether affiliated with us or not. We cannot provide any undertaking, that services you may purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
6. Confidential Information
6.1 You undertake to treat all Confidential Information as confidential and not to disclose such Confidential Information except as provided by paragraph 6.3 below.
6.2 You further undertake only to use any Confidential Information for the purposes of utilising the Services and to use your best endeavours to prevent disclosure of the same by your respective officers, employees or agents.
6.3 The restrictions imposed by paragraph 6.1 shall not apply to the disclosure of any Confidential Information:
- 6.3.1 which comes into the public domain otherwise than as a result of a breach of an undertaking of confidentiality;
- 6.3.2 which is required by law to be disclosed to any person who is authorised by law to receive the same; and
- 6.3.3 which is required by law to be disclosed to a court or administrative tribunal in the course of proceedings to which you are a party.
6.4 You agree that the obligations under this paragraph 6 shall continue in force without limit in time notwithstanding the expiry or termination of the Contract for any reason.
The Services will be available from the date you validate your e-mail address following receipt of the e-mail from KILTR confirming your application to subscribe for an Account.
The Services will be used by you at your sole risk.
Our core Services are provided free of charge, however, we may offer additional or enhanced a Services which may be accompanied by a tariff. The specific rates and applicable terms of payment for such additional or enhanced Services will be provided when we offer such Services and will be incorporated into your Contract when we agree to your request to add such Services. If you purchase any such Services you agree to KILTR storing your payment card information. You agree to pay the applicable fees for such Services when they become due and to reimburse us for any overdue amounts and for all reasonable collection costs we may incur.
10. Our Liability
10.2 We are not responsible for:
- 10.2.1 loss of income or revenue;
- 10.2.2 loss of business;
- 10.2.3 loss of profits or contracts;
- 10.2.4 loss of anticipated savings;
- 10.2.5 loss of data;
- 10.2.6 loss of goodwill;
- 10.2.7 waste of management or office time; or
- 10.2.8 any indirect of consequential loss or damage however arising and whether caused by tort, delict (including negligence), breach of contract or otherwise.
10.3 This does not affect our liability for death or personal liability arising from our negligence, nor our liability for fraudulent misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
11. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be addressed to KILTR Limited at 1 Bothwell Lane, Glasgow, G12 8JS. We may give notice to you at either the e-mail or postal address you provide to us when subscribing for an Account, or in any of the ways specified in this paragraph. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Transfer of Rights and Obligations
13.1 The Contract between you and us is binding on you and us and on our respective successors and assignees (where applicable).
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14. Events Outside Our Control
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 14.2.1 strikes, lock-outs or other industrial action;
- 14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 14.2.5 impossibility of the use of public or private telecommunications networks;
- 14.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
15. Events In Our Control
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16. Accessing Our Site
16.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
16.2 From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us.
16.4 When using our Site, you must comply with the terms set out here.
16.6 Users of the Site may use the functions enabled on the Site to send invites to non KILTR users inviting them to join the Site. We reserve the right from time to time to send pending invite reminders to such persons by e-mail reminding them of any pending invites they may have. Any such persons who are sent reminders of pending invites by us shall be able to unsubscribe from receiving any such reminders in future. We shall not send more than two reminders in relation to any one particular pending invite in any one month period.
17. Intellectual Property Rights
17.1 We are the owner or the licensee of all intellectual property rights in our Site (including the registered trade marks for KILTR), and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Unless expressly authorised in these terms you are not entitled to use any of our intellectual property rights without our prior written permission or licence. Where we provide video production services as part of any additional Services for which you subscribe, the copyright and all other intellectual property rights in any videos produced will remain with KILTR and shall be licensed to you by KILTR for use solely in relation to those additional Services.
17.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation (where applicable) to material posted on our Site.
17.3 You must not modify the paper or digital copies of any materials that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
17.4 Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
17.5 You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
17.7 Notwithstanding the provisions of this section, we do not claim any ownership or liability for, nor do we place any restrictions of any use of, content contained or stored within your personal storage area and/or personal account.
18. Reliance on Information Posted
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
19. Our Site Changes Regularly
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
20. Information About You and Your Visits to Our Site
21. Uploading Material to Our Site
21.1 Whenever you make use of a feature that allows you to upload material to our Site, you must comply with the following Content Standards:
All content must (i) be accurate (when facts are stated), be genuinely held (where opinions are stated) and (iii) comply with all applicable laws.
21.2 You warrant that any such contribution complies with the above standards, and you indemnify us in respect of any loss suffered by us for any breach of that warranty.
21.3 You shall ensure that any material uploaded by you or posted by you to the Site:
- does not contain any material which is defamatory to any person;
- does not contain any material which is obscene, offensive, hateful or inflammatory;
- does not promote sexually explicit material;
- does not promote violence;
- does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- does not infringe any copyright, database right or trademark of any other person;
- is not likely to deceive any person;
- is not made in breach of any legal duty owed to a third party, such as contractual duty or a duty of confidence;
- does not promote any illegal activity;
- does not threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- is not likely to harass, upset, embarrass, alarm or annoy any other person;
- is not used to impersonate any person, or to misrepresent your identity or affiliation with any person without that person’s consent;
- does not give the impression that they emanate from us, if this is not the case;
- does not advocate, promote or assist any unlawful act including, without limitation, copyright infringement or computer misuse.
22. Viruses, Hacking and Other Offences
22.1 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
22.2 By breaching the above provision, you would 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. In the event of such a breach, your right to use our Site and/or the Services will cease immediately.
22.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or their technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
23. Linking to Our Site
23.1 You may 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, but 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.
23.3 If you wish to make any use of material on our Site other than that set out above, please address your request to email@example.com
24. Links From Our Site
Where our Site (including any postings made by other users of the Site) contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
25. KILTR Goodie Bag Group
25.1 KILTR may from time to time offer members of the KILTR Goodie Bag Group (“the GB Group”) the opportunity to participate in free prize draws. The prizes available together with further details of how users may participate in the GB Group prize draws will be contained on the GB Group page located on the Site from time to time. Only members of the GB Group shall be entitled to participate in the prize draw.
25.2 The opening and closing dates for each relevant prize draw shall be indicated on the GB Group page from time to time. Entries received before the opening and after the closing of the prize draw period will not be valid and will not be entered into the prize draw.
25.3 Each member of the GB Group is limited to one entry per prize draw. Entries received in excess of this limit will not be entered into the prize draw. By signing up to the GB Group, each user warrants to us that he/she is over 18 years of age or otherwise that he/she is over the legal drinking age in the user’s country of residence. Only those members of the GB Group who are 18 years old or over or are otherwise over the legal drinking age in his/her country of residence may participate in the prize draws.
25.4 We reserve the right to amend, suspend, cancel or terminate any prize draw or competition in whole or in part at our sole discretion. Any such changes will be posted on the GB Group page.
25.5 The prizes available shall be as specified on the GB Group page. All prizes are subject to the terms and conditions of the manufacturer or supplier where applicable and we accept no liability for any third party products or services which are offered as prizes. This does not affect your statutory rights.
25.6 Prize draw winners will be selected randomly from members of the GB Group or, if required by law or regulation, under the supervision of an independent observer. Any prize draw requiring a subjective assessment in the selection of winning entries will be judged by KILTR or otherwise as indicated on the GB page and, if required by law or regulation, an independent judge or a panel including an independent intermediary.
25.9 No cash equivalent or alternative prize will be given and all prizes are non-transferable and non-negotiable. We reserve the right to change the prize(s) due to circumstances beyond our control or to offer an alternative.
25.10 Prize draw winners shall be notified by e-mail. The name of the prize draw winner(s) shall be published on the GB Group page and on the KILTR main activity feed.
25.11 In addition to the GB Group, KILTR may from time to time offer you the opportunity to participate in competitions and free prize draws (“Competitions”). The details of how users may participate, including opening and closing dates, may be communicated by way of posts made to eligible user groups, announcements to all KILTR members by way of a post to the KILTR homepage or circulated by email to eligible members, where those members have indicated that they may be contacted in such a way (“Competition Communication”). Entries received before the opening and after the closing of any Competition will not be valid and will not be entered into the relevant Competition.
25.12 Unless expressly stated to the contrary, you shall be limited to one entry in respect of any Competition being promoted by KILTR. Entries received in excess of this limit will not be valid. All Competitions shall be limited to users age 18 and over and by entering any Competition, each user warrants to us that he/she is over 18 years of age.
25.12 We reserve the right to amend, suspend, cancel or terminate any Competition in whole or in part at our sole discretion. Any such changes will be notified to entrants by the same means the relevant Competition Communication was made.
25.13 The prizes available shall be as specified in the Competition Communication. All prizes are subject to the terms and conditions of the manufacturer or supplier where applicable and we accept no liability for any third party products or services which are offered as prizes. This does not affect your statutory rights.
25.14 Unless expressly stated to the contrary and subject to any minimum entry qualifications, rules or other criteria set out in any Competition Communication, Competition winners will be selected randomly from entrants or, if required by law or regulation, under the supervision of an independent observer. Any Competition requiring a subjective assessment in the selection of winning entries will be judged by KILTR or otherwise as indicated in any Competition Communication and, if required by law or regulation, an independent judge or a panel including an independent intermediary.
25.15 Paragraphs 25.7 to 25.10 (inclusive) shall apply to any entrant in respect of any Competition, with such changes as the context may require, with the name of any Competition winners be capable of being published on any page of the KILTR Site from time to time.
28. Entire Agreement
29. Law and Jurisdiction
30. Your Concerns
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.