Terms and Conditions
PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY BEFORE REGISTERING WITH Katoo.
ALL Katoo SERVICES PROVIDED TO YOU ARE SUBJECT TO THESE
TERMS. WE SUGGEST THAT YOU PRINT OUT AND KEEP A COPY OF
THESE TERMS AND CONDITIONS.
PLEASE PAY PARTICULAR ATTENTION
TO CLAUSES 7 AND 8.
References to "we",
"us" or "our" are to Katoo.
1. The Agreement between us
1.1 Your use of the Katoo
website (the "Site") and the Katoo data processing
services (together, the "Services") are subject
to you accepting the following Terms and Conditions of Use
and Privacy Policy (together, the "Terms of Use").
1.2 Your acceptance of the
Terms of Use shall be indicated by you clicking on the "Accept"
box at the bottom of this document and your continued use
of the Services. If you do not accept all the Terms of Use,
you must click the "Decline" box at the bottom
of this document and you must not continue to register to
use the Services.
1.3 Any error or omission
of any information that we publish about the Services shall
be subject to correction, provided that the correction does
not materially affect the Services.
1.4 We may change or add to
these Terms of Use for security, legal or regulatory reasons.
We will inform you of any changes that we intend to make
by posting a notice of the Site at least 14 days before
we make any changes. You will also be invited to view any
amended Terms of Use before making a purchase using these
Services.
1.5 If you do not wish to
accept any amended Terms of Use you should close your membership
account as instructed on the Site or by contacting us as
set out at clause 14 below, and stop using the Services
immediately. If you do not close your membership account,
your continued use of the Services will signify your acceptance
of any amended Terms of Use.
2. Registration and using
the Services
2.1 In order to use the Services
you will need to:
(a) register your interest via SMS text message ("SMS")
(please see clause 3 below for details of SMS charges);
or
(b) create your personal Katoo membership account on the
Site by selecting a username and password and entering certain
personal details which we will use in accordance with our
Privacy Policy .
2.2 You agree that you will
register in your own name only and all information provided
by you will be accurate and up-to-date. You agree to promptly
update any of your details on the Site as necessary.
2.3 You may not transfer your
membership to another person.
2.4 You are responsible for
maintaining the confidentiality of your password and for
all use of the Services made through your password. You
agree to keep your password secret at all times and must
inform us, and promptly change your password, if you believe
that another person has become aware of your password or
is using it or is likely to use it in an unauthorised way.
3. Cost of using the Services
3.1 Membership and use of
the Services is free but you will be charged, at your mobile
phone network service provider's usual SMS message rate,
for each SMS message that you send to us as part of the
Services. You will not be charged for any SMS messages that
you receive as part of the Services unless they have been
clearly advertisied as being premium rate.
3.2 SMS charges will be published
alongside our SMS contact numbers on the Site and on promotional
literature.
3.3 Should you exceed the 15 'free' subscribers at any time you must pay the relevant subscriptions BEFORE uploading. Should you load more than 15 addresses prior to payment being made your account will be locked until the outstanding amount is received.
3.4 All subscriptions, monthly charges and SMS credits MUST be paid for in advance of usage. Items purchased on an invoice basis must be paid for within 14 days of invoice date.
3.5 Katoo reserves the right to charge 8% above the Bank of England base rate on outstanding amounts.
4. Intellectual Property
4.1 All information, data
and materials used in the Services (including materials
accessible on the Site and the software used to access the
Services) are protected by rights, including copyright,
design rights, database rights and trade marks. All these
rights are either owned by us or licensed to us by the rights
owner(s) for use with the Services or otherwise used by
us as permitted by applicable law.
4.2 The Services are intended
for individual, personal use only. Accordingly, you may
print and download extracts from this Site for your own
personal, non-commercial use, provided that any material
copied remains intact and includes the following notice:
"Copyright © 2006 Katoo.
All rights reserved." Any other copying, distribution,
storing, framing or transmission of any kind or any sort
of commercial use of our the material used in the Services
is strictly prohibited without our express consent.
4.3 The word and logo "Katoo",
however represented, are trade marks. All rights
reserved.
5. Acceptable Use Policy
5.1 You agree to use the Services
as permitted by these Terms of Use and for lawful purposes
only. In particular, you agree not to:
(a) use the Services to receive, access or transmit material
that is obscene, sexually explicit, defamatory, threatening,
degrading, racist, in breach of confidence or in breach
of third party intellectual property rights (including copyright)
or otherwise objectionable or unlawful;
(b) impersonate any person, or entity or misrepresent your
affiliation with anyone or entity;
(c) access or attempt to access parts of the Services that
you are not authorised to access or collect or store other
members' usernames, passwords or personal data;
(d) avoid authentication processes or security of the Services
or interfere with the use of the Services by other members;
(e) use the Services to gain unauthorised access to other
computer systems or interfere with services to other host
providers, networks or websites.
(f) reverse engineer or decompile (whether whole or in part)
any software used in the Services;
(g) use the Services to knowingly or recklessly transmit
material (including viruses) or otherwise use the Services
so as to cause harm to the Services, Katoo or other users
or which is likely to bring the Services or Katoo into disrepute;
or
(h) intentionally violate any other applicable law or regulation
while using the Services.
6. Competition and Prizes
6.1 We may run competitions,
prize draws and promotions that will be subject to additional
terms and conditions applicable to each individual instance
and which will be made available at the time of such competitions.
7. Limits to your rights
7.1 We will do our best to
maintain the operation of the Services in accordance with
these Terms of Use. However, we cannot guarantee that the
Site will be technically suitable for viewing on your computer
or that the Services will be delivered to you uninterrupted,
timely, secure or error-free.
7.2 You are responsible for
providing all computer equipment, mobile phone equipment
and telecommunications service required to use the Services.
We cannot and do not accept any responsibility for these
and cannot guarantee the continued availability of any other
person or services involved in providing the Services to
you.
7.3 The internet is not a
secure environment and we cannot guarantee that the Site
and the server are free of computer viruses or other harmful
applications. We recommend that you regularly update your
browser software and use up-to-date anti-virus software
to ensure that your access to the Services is as secure
as possible.
7.4 Your access to the Services
may be occasionally restricted to allow for repairs, maintenance,
the introduction of new facilities or services, or due to
events beyond our reasonable control. Where this happens,
we will attempt to restore the Services as soon as we reasonably
can.
7.5 We have no control or
proprietary interest in the companies or products with which
you register your interest. We do not endorse any particular
company or product. When you register your interest with
a particular company, you will receive information from
that company and we are not responsible for the content
or the accuracy of such information. You should contact
that company directly if you have any queries or complaints
7.6 We have no control over
or proprietary interest in any websites that are hypertext
linked to this Site. We make no representations or guarantees
about those websites or their content, nor that the links
work.
7.7 Should you purchase products
or services from companies advertising on or linked to our
Site, any contracts will be exclusively between you and
the relevant company. We are not responsible for and do
not endorse any other companies' products or services.
7.8 Except for death or personal
injury caused by our negligent acts or omissions, or fraudulent
misrepresentation, we shall only be liable for loss or damage
which is a reasonably foreseeable consequence of a breach
of these Terms of Use.
8. Your responsibility to
us;
8.1 You shall be responsible
for any losses, expenses or other costs incurred by us which
are caused by your deliberate breach of these Terms of Use.
9. Terminations and Suspension
9.1 We may cancel or suspend
your membership account and/or suspend your access to the
Services if:
(a) you breach these Terms of Use or misuse the Services
provided by us; or
(b) you have behaved in a way which objectively could be
regarded as inappropriate or is unlawful or illegal or which
would bring us and/or the Katoo brand into disrepute.
9.2 We may suspend access
to the Services or require you to change your password if
we reasonably believe that the Services have been or are
likely to be misused, and we will notify you accordingly.
9.3 It may be necessary, for
reasons beyond our control, to terminate the Services and
if this occurs we will endeavour to provide as much notice
as is reasonably possible in the circumstances.
9.4 We may terminate the services
and this agreement between us by giving you 14 days notice unless serious misconduct is exhibited at which point termination will take place immediately and without warning.
9.5 You may terminate the
Services at any time by closing your membership account
as instructed on the Site or by contacting us as set out
at clause 14 below.
9.6 Any termination of your
membership account or the Services will not affect liability
previously incurred by either of us to the other.
10. Privacy Policy
10.1 Any personal information
that we collect from you will only be used by us in accordance
with our privacy policy, which forms part of these Terms
of Use.
11. Disputes and law
11.1 We will try to solve
any disagreements quickly and efficiently. If you are not
happy with the way we deal with any disagreement you may
wish to take court proceedings.
11.2 These Terms of Use and
the agreement between you and us are governed by English
law and we both agree to submit to the non-exclusive jurisdiction
of the English courts.
12. Access Outside The UK
12.1 We cannot guarantee that
the Services comply with all foreign and local laws and
requirements outside the United Kingdom.
13. General
13.1 If any part of these
Terms of Use is found by a court to be invalid or unenforceable,
the remaining provisions will continue in full force and
effect.
13.2 If you breach these Terms
of Use and we ignore this, we will still be entitled to
enforce all these terms at a later date or in any other
situation where you breach the Terms of Use.
13.3 These Terms of Use and
the agreement between you and us for the provision of the
Services are only available in the English language.
14. Customer Services
The Services are provided by Katoo.
If you wish to contact us regarding the Services, please
use the following contact details:
Address: Katoo, 9 Tankerfield Place, St Albans, Herts, AL3
4HH. |
