These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their terms and conditions), and True Sessions Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by True Sessions Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to True Sessions Ltd and accessing the Website in connection with the provision of such services.
a. All Content included on the Website, unless uploaded by Users, is the property of True Sessions Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
b. You may, for your own personal, non-commercial use only, do the following:
i. retrieve, display and view the Content on a computer screen
ii. download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)
iii. print one copy of the Content
iv. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of True Sessions Ltd.
v. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
vi. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify True Sessions Ltd for all claims resulting from Content you supply.
You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
a. You must ensure that the details provided by you on registration or at any time are correct and complete.
b. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
c. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
a. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
b. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
a. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per business or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be falsified in any way.
b. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
c. All billing information is collected and handled by our chosen payment handlers, Stripe and PayPal. True Sessions Ltd. does not and will not ever directly handle or store any billing information.
See https://stripe.com/gb/checkout/legal for Stripe’s Terms and Conditions.
See https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full#r01 for PayPal’s Terms and Conditions.
d. All subscription details and renewals for paying businesses are handled by ChargeBee Subscription billing service.
a. Prices for our services are subject to change without notice.
b. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
c. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
a. Advertisement space is to be used for the advertisement of titled services only.
b. Advertisements found to be displaying copyrighted content without permission from the copyright holder will be suspended until the offending content has been removed.
c. True Sessions Ltd. reserve the right to suspend any advertising account until any content in breach of terms has been removed. Account holders will not be refunded for any period of suspension due to the breach of terms.
d. Advertisement duration is subject to the purchased advertising period. This period starts from the date of payment and is effective until midnight GMT of the final day of the advertising period. A new advertising period will start upon completion of the renewal payment.
Subscriptions will renew and billing will be charged on the completion of the current advertising period. Businesses wishing to cancel their subscription should do so before the annual payment date. Accounts not in use will be held in the archive for 1 year from the date of cancellation.
a. Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers and seasonality. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or website is inaccurate at any time without prior notice.
a. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
b. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
a. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
b. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
a. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
b. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
c. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
d. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
a. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
b. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
c. Upon sign up, all purchased services allow for a 30 day ‘cooling off’ period in which the user may cancel their purchase and discontinue use of the service with no further obligations. Once the 30 days have passed, refunds will not be issued.
d. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the final date of the purchased advertisement duration; and may deny you access to our Services (or any part thereof).
a. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of True Sessions Ltd or that of our affiliates.
b. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
c. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
a. Any online facilities, tools, services or information that True Sessions Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality. True Sessions Ltd is under no obligation to update information on the Website.
b. Whilst True Sessions Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
c. True Sessions Ltd accepts no liability for any disruption or non-availability of the Website.
d. True Sessions Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
a. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
b. In no event shall True Sessions Ltd or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Thekitespot.com website, even if Thekitespot.com or an authorised representative of True Sessions Ltd and Thekitespot.com has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
c. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
d. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
e. To the maximum extent permitted by law, True Sessions Ltd accepts no liability for any of the following:
i. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
ii. loss or corruption of any data, database or software;
iii. any special, indirect or consequential loss or damage.
a. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
b. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
d. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
e. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
f. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
g. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
True Sessions Ltd is a company incorporated in England and Wales with registered number 10819366 whose registered address is 49 Station Road, Polegate, East Sussex, BN26 6EA and it operates the Website www.thekitespot.com.
You can contact True Sessions Ltd by email on [email protected]
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).