Terms of service

1. INTRODUCTION

1.1 Welcome to “Kippie” which is provided to you by Kippie UK Technology Limited (“Kippie”, “us”, “we” or “our”). Our registered office is at Central Research Laboratory, Shipping Building, Hayes, UB3 1HA.

1.2 Please read these Terms of Use (“Terms”) carefully. They set out the basis on which you are allowed to use our Kippie website at www.kippie.com (“Website”) and the services and products available through the Kippie Service.

1.3 In addition to these Terms, your use of the Kippie Service may also be subject to other terms and conditions and policies which are referred to below.

1.4 We are committed to providing an excellent user experience to you when you use the Kippie Service. If you have any questions or queries about the Kippie Service or these Terms we would be delighted to help. Please contact us by:

(a) sending an email to [email protected]; or

(b) writing to us at Kippie, Central Research Laboratory, Shipping Building, Hayes, UB3 1HA marking your letter for the attention of Customer Support.

2. ACCEPTANCE OF OUR TERMS

2.1 In order for us to provide the Kippie Service to you, you must agree to be bound by these Terms. These Terms govern the provision and use of the Kippie Service and will form a legally binding contract between Kippie and you so please do take the time to read these Terms and make sure you understand them.

2.2 By using the Kippie Service, you agree to accept and be bound by these Terms. If you do not agree to accept these Terms you must not use the Kippie Service.

2.3 We recommend you review these Terms each time you use the Kippie Service and print a copy of them for your future reference.

3. Kippie’s RIGHT TO AMEND THESE TERMS

3.1 Kippie reserves the right to change, modify, add to, or delete portions of these Terms at any time including to reflect changes affecting the Kippie Service, our technology, our licensing arrangements, our payment methods, relevant laws and/or regulatory requirements.

3.2 Any changes to the Terms will be notified to you via the Website or App and/or via email. You are responsible for regularly reviewing these Terms so that you are aware of any changes. Your continued use of the Kippie Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to (or cannot comply with) the Terms as amended, please do not use the Kippie Service.

4. USING THE APP

4.1 Depending on the version of the App you have downloaded, your use of the App shall also be governed by Apple’s or Google Android’s Terms and Conditions and Privacy Policies (“Platform Terms”). If there is any conflict between these Terms and the Platform Terms, then these Terms will prevail.

4.2 You must be at least 16 years of age to download our App.

4.3 We grant you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and these Terms.

4.4 All other rights in the App are reserved by Kippie and its licensors. You are responsible for ensuring that all persons accessing our App on your Device are aware of these Terms.

4.5 You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will also apply to your use of the App. You also acknowledge that you may be charged by the Mobile Provider for data services or any other third party charges as may arise while using certain features of the App and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, we will assume that you have received permission to use the App from the bill payer.

5. USING THE WEBSITE

5.1 Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website without notice. You are responsible for making all arrangements necessary to access our Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these Terms.

6. AVAILABILITY & USE OF THE Kippie SERVICE

6.1 You acknowledge that we cannot guarantee that the Kippie Service will:

(a) stay the same as we might change the Kippie Service or remove it altogether;

(b) be compatible with all or any hardware or software which you may use;

(c) be available all the time or at any specific time;

(d) be accurate and up-to-date; or

(e) be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.

6.2 You also acknowledge that:

(a) we cannot guarantee the performance or security of our Website; and

(b) we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.

6.3 You must not:

(a) interfere with, or disrupt, the Kippie Service or any servers or networks connected to the Kippie Service, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Kippie Service is rendered or displayed in a user’s browser or device;

(b) access the Kippie Service via a means not authorised in writing in advance by Kippie, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);

(c) attempt to restrict another user of the Kippie Service from using or enjoying the Kippie Service and you must not encourage or facilitate the breach of these Terms by others;

(d) use the Kippie Service for any illegal or unauthorised purpose; or

(e) change, modify, adapt or alter the Kippie Service or change, modify or alter another website so as to inaccurately imply an association with the Kippie Service or with Kippie.

7. YOUR PRIVACY & COOKIES

7.1 The privacy of your personal data is important to us. Please see our Privacy Policy & Cookie Policy [http://kippie.co/privacy] for details of how we will process your personal data and how we use cookies and similar technologies.

8. PURCHASING PRODUCTS & SERVICES FROM WITHIN OUR APP

8.1 Any purchase of Kippie products and services through the Kippie Service will be governed by our Terms of Business Agreement.

9. REGISTRATION, USER ACCOUNT, PASSWORD AND SECURITY

9.1 Registration and use of the Kippie Service - By registering and using the Kippie Service, you represent that:

(a) you are at least 26 years old;

(b) you have provided us with accurate and truthful information during the registration process; and

(c) you are using the Kippie Service for private non-commercial use.

9.2 Password Security – In order to use parts of the Kippie Service, you will be required to complete the registration process by providing certain information and registering an email address and password for your use of the Kippie Service. You are responsible for maintaining the confidentiality of the email address and password. You agree that we will be entitled to assume that any person logging into the Kippie Service or using the Kippie Service using your email address and password is either you or someone doing so with your permission. You are responsible for any use of the Kippie Service under your email address and password, including all financial charges and legal liability. We recommend that you change your password from time to time to assist with security.

9.3 Unauthorised Access - If you believe someone has accessed the Kippie Service using your username and password without your authorisation, it is your responsibility to set up a new password. You agree to immediately notify us of any unauthorised use of your password or username or any other breach of security.

10. CONTENT MADE AVAILABLE THROUGH THE KIPPIE SERVICE

10.1 Access – Your access to any information, data, images, photographs, videos and other content displayed on the Kippie Service (“ Content ”) is permitted in accordance with, and subject to your compliance with, these Terms.

10.2 Restriction on use - You must not:

(a) access Content via a means not authorised in writing in advance by Kippie, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);

(b) use, or cause others to use, any automated system or software to extract Content from the Kippie Service except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity; or

(c) use the Content for any illegal or unauthorised purpose.

10.3 Intellectual Property in our Website, App and Content - The design of the Website and the App and all software contained within the Website, the App and the Content are protected by copyright, trade marks, patents and other intellectual property rights and laws. None of the Content may be copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Kippie.

11. IF YOU BREACH THESE TERMS

11.1 If you are in breach of, or we suspect you are in breach of, these Terms then we may take any/all of the following actions:

(a) issue a warning to you;

(b) effect an immediate, temporary or permanent withdrawal of your access to your account and/or the Kippie Service. However, you will remain responsible for all outstanding amounts on your account;

(c) take legal action against you; and/or

(d) disclose such information to law enforcement authorities as we reasonably feel is necessary.

11.2 The responses described above at section 11.1 are not limited and we may take any action we reasonably deem appropriate.

12. TERMINATION

12.1 We have the right to terminate your access to any or all of the Kippie Service at any time, without notice, for any reason, including without limitation, breach of these Terms. We may also at any time, at our sole discretion, discontinue the Kippie Service or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Kippie Service.

13. WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT IMPORTANT INFORMATION CONCERNING OUR LIABILITY TO YOU AND YOUR LIABILITY TO Kippie:

Warranties

13.1 Kippie warrants that it will provide the Kippie Service with reasonable skill and care and as described in these Terms.

13.2 Other than the express warranty in this clause, the Kippie Service is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without further warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

13.3 Kippie makes no warranty that the Kippie Service will meet your requirements, that Content will be accurate or reliable, that the functionality of the Kippie Service will be uninterrupted or error free, that defects will be corrected or that the Kippie Service or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

Our Liability to you

13.4 Kippie will not be liable under these Terms for any loss or damage caused by Kippie or any of its employees or agents in circumstances where:

(a) there has been no breach of a legal duty of care which is owed by Kippie or any of its employees or agents; and/or

(b) the loss or damage is not a reasonably foreseeable result of any breach of these Terms.

13.5 You agree you will have no claim against us, in respect of any decision to remove the Kippie Service or any decision to suspend or terminate your access to the Kippie Service.

13.6 In the absence of any negligence or other breach of duty by us, the use by you of the Kippie Service is entirely at your risk.

13.7 To the extent permitted by law, Kippie will not be liable for any indirect or consequential loss or damage whatsoever or for loss of business, opportunity, data, profits arising out of or in connection with the use of the Kippie Service.

13.8 Nothing in these Terms shall affect your statutory rights as a consumer.

Your liability to us

13.9 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Terms or default in the discharge of your obligations.

13.10 Nothing in this section 13 shall have the effect of excluding or limiting either Kippie liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).

14. LINKS TO THIRD PARTY WEBSITES

14.1 The Kippie Service may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Kippie is not responsible for the content or availability of any such websites. We recommend you review those websites’ terms and conditions and privacy policies to ensure you are happy to use them.

15. TRANSFER OF RIGHTS AND OBLIGATIONS

15.1 You may not transfer, assign or otherwise dispose of any rights or obligations arising under or in connection with the Kippie Service, without Kippie’s prior written consent.

15.2 You agree that Kippie may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the Kippie Service.

15.3 You also agree that Kippie may use third parties and sub-contract our obligations provided that we remain responsible to you for the performance of the contract.

16. SEVERANCE

16.1 If any of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.

17. THIRD PARTY RIGHTS

17.1 A person who is not a party to these terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.

18. GOVERNING LAW

18.1 These Terms and the use of the Kippie Service generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

19. NOTICES

19.1 All notices given by you to us must be given to Kippie, Central Research Laboratory, Shipping Building, Hayes, UB3 1HA or via e-mail at [email protected]. We will give notice to you via the Kippie Service or at either the e-mail or postal address you provide to us as part of the order process or your registration. Notice will be deemed received and properly served immediately when we post it on the Kippie Service, 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, and received by, the specified e-mail address of the addressee.

20. QUESTIONS AND COMPLAINTS

20.1 If you have any queries at all regarding the Kippie Service, the Content or any of the Terms, please contact us by:

(a) sending an e-mail to [email protected] or

(b) writing to us marking your letter for the attention of Customer Support.