Terms and Conditions and Privacy Policy

TERMS AND CONDITIONS AND PRIVACY POLICY (The Do’s and Dont’s of Using Our Website)

 


We make our do's and dont's larger and clearer so you actually read them! No small print! We are going to try not to use big words suitable only for very clever people like lawyers.

 

1. Introduction


1.1 These terms and conditions shall govern your use of our website.


1.2 By using our website, you accept these rules (terms and conditions) in full; accordingly, if you don't agree with these terms and conditions or any part of these terms and conditions, don't use our website!


1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to really really really agree to these terms and conditions (rules).


1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these rules (terms and conditions), you confirm and promise to us that you are at least 18 years of age. If not your mummy and daddy may tell you off.


1.5 Cookies (not the ones you eat)


Like most interactive web sites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.


2. Services


KingdomHouseSitters.com provides no guarantee that members will find suitable house sitters or house owners. KingdomHouseSitters.com takes no responsibility for any kind of disputes or issues between the house owner and house sitter, it is entirely upon the parties to make an agreement and adhere to it.


3. Copyright notice


3.1 Copyright (this means it is not cool to be a copycat) © 2014 Kingdom House Sitters.


3.2 Subject to the express provisions of these terms and conditions:


(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and


(b) all the copyright and other intellectual property (this means what we have written and designed) rights in our website and the material on our website are reserved. Don't copy things from our website, it’s naughty and illegal!


4. Licence (permission) to use website


4.1 You can:


(a) view pages from our website in a web browser;


(b) download pages from our website for caching (this is not the same as 'catching' a ball) in a web browser;


(c) print pages from our website (nice huh!); 


(d) stream (not the wet kind) audio and video files from our website; and


(e) use our website services by means of a web browser such as Internet Explorer, Firefox, safari etc;


subject to the other provisions of these terms and conditions.


4.2 Except as specially permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.


4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes (not for teaching your dog how to type).


4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise change any material on our website.


4.5 Unless you own or control the relevant rights in the material, you must not:


(a) republish material from our website (including republication on another website);


(b) sell, rent or sub-license material from our website;


(c) show any material from our website in public;


(d) exploit material from our website for a commercial purpose; or


(e) redistribute material from our website.


4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.


4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not find a way round or bypass, or attempt to find a way round or bypass, any access restriction measures on our website.


5. Acceptable use


5.1 You must not:


(a) mess around with our website and try to make it crash or not work properly. It is nasty to do that and you don't really want to be nasty do you?


b) use our website in any way that is unlawful, illegal, fraudulent, harmful or nasty, or in connection with any unlawful, illegal, fraudulent or nasty harmful purpose or activity, that is not nice;


(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse (not the big wooden one), worm (wiggly or otherwise), keystroke logger, rootkit or other malicious computer software;


(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;


(e) access or otherwise interact with our website using any robot, spider (this is not the creepy Crawly type) or other automated means, In other words don't send us things we don't want;


(f) violate the directives set out in the robots.txt file for our website; or


(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).


5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.


5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading. Don't lie!


6. Registration and accounts


6.1 To be eligible for an account on our website under this Section 6, you must be at least 18 years of age and resident in the United Kingdom or we will have to tell on you to mummy.


6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.


6.3 You must notify us in writing immediately if you become aware of any bad people using your account.


6.4 You must not use any other person's account to access the website, unless you have that person's special permission to do so.


7. User IDs and passwords


7.1 If you register for an account with our website, you will be asked to choose a user ID and password.


7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person. 


7.3 You must keep your password secret shhhhhhh!


7.4 You must notify us in writing immediately if you become aware of any one else knowing your password.


7.5 You are responsible for any activity on our website arising out of any failure to keep your password secret, and may be held liable for any losses arising out of such a failure.


8. Cancellation and suspension of account


8.1 We may:


(a) suspend your account;


(b) cancel your account; and/or


(c) edit your account details,


at any time in our sole discretion without notice or explanation.


8.2 You may cancel your account on our website.


9. Your content: licence


9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.


9.2 You give to us a worldwide, irrevocable (means you cant change your mind), non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.


9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.


9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.


9.5 You may edit your content to the extent permitted using the editing functionality made available on our website.


9.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, un-publish or edit any or all of your content.


10. Your content: rules


10.1 You warrant and represent that your content will comply with these terms and conditions.


10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).


10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:


(a) be libellous or maliciously false;


(b) be obscene or indecent (no swearing or nasty pictures please);


(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;


(d) infringe any right of confidence, right of privacy or right under data protection legislation;


(e) constitute negligent advice or contain any negligent statement;


(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; (just don't be naughty right!);


(g) be in contempt of any court, or in breach of any court order;


(h) be in breach of racial or religious hatred or discrimination legislation;


(i) be blasphemous (don't say nasty things about God);


(j) be in breach of official secrets legislation;


(k) be in breach of any contractual obligation owed to any person;


(l) depict violence, in an explicit, graphic or gratuitous manner;


(m) be pornographic, lewd, suggestive or sexually explicit (this means that when you upload pictures of yourself make sure that you have clothes on, right);


(n) be untrue, false, inaccurate or misleading;


(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;


(p) constitute spam;


(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or


(r) contain reference to businesses or services - soliciting of business will not be tolerated

 

(s) contain reference to full name, phone number, address, email or any other form of address or correspondance

 


11. Limited warranties


11.1 We do not warrant or represent:


(a) the completeness or accuracy of the information published on our website;


(b) that the material on the website is up to date; or


(c) that the website or any service on the website will remain available.


11.2 We reserve the right to stop or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.


11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.


12. Limitations and exclusions of liability


12.1 Nothing in these terms and conditions will:


(a) limit or exclude any liability for death or personal injury resulting from negligence;


(b) limit or exclude any liability for fraud or fraudulent misrepresentation;


(c) limit any liabilities in any way that is not permitted under applicable law; or


(d) exclude any liabilities that may not be excluded under applicable law.


12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions: 


(a) are subject to Section 12.1; and


(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.


12.3 To the extent that our website and the information and services on our website are provided, we will not be liable for any loss or damage of any nature.


12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.


12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.


12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.


12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.


12.8 You accept that we have an interest in limiting the personal liability of our staff and, having regard to that interest, you acknowledge that we are an on-line business; you agree that you will not bring any claim personally against our staff in respect of any losses you suffer in connection with the website or these terms and conditions.


13. Breaches of these terms and conditions


13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 


(a) send you one or more formal warnings;


(b) temporarily suspend your access to our website;


(c) permanently stop you from accessing our website;


(d) block computers using your IP address from accessing our website;


(e) contact any or all your internet service providers and request that they block your access to our website;


(f) commence legal action against you, whether for breach of contract or otherwise; and/or


(g) suspend or delete your account on our website.


13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to get around such suspension or prohibition or blocking (including without limitation creating and/or using a different account).


14. Variation


14.1 We may revise these terms and conditions from time to time.


14.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.


15. Assignment


15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 


15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 


16. Severability


16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.


16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 


17. Third party rights


17.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.


17.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.


18. Entire agreement


18.1 Subject to Section 12.1, these terms and conditions shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.


19. Law and jurisdiction


19.1 These terms and conditions shall be governed by and construed in accordance with UK law.


19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.


20. Links


20.1 Links to this website


You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.


20. Links from this website


We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.


21. Our details


21.1 This website is owned and operated by Kingdom House Sitters.


21.2 Our principal place of business is at 89 Peldon Court, Sheen Road, Richmond, Surrey TW9 1YU. However, there is no facility here for public attendance.


21.3 You can contact us by writing to the business address given above, by using our website contact form, by email to admin@kingdomhousesitters.com or by telephone on +44 20 8940 1689.


22. Privacy Statement


22.1 The information given by a registered member on the website is available for public viewing and could be accessed by anyone accessing the website.


22.2 We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by kingdom house sitters will only be in connection to your registration.


23. Payment


All major Credit/Debit Cards, Paypal or Bank Transfers are all acceptable methods of payment.


24. Termination of Agreements and Refunds Policy


Both the Client and ourselves have the right to terminate any Services Agreement for any reason. No refunds shall be offered unless it can be proven that Kingdom House Sitters have breached this agreement.


25. Log Files


We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.


26. Communication


Contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.


27. General


The laws of England and Wales govern these terms and conditions. By accessing this website (and using our services/buying our products) you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access.


28. Notification of Changes


The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail will be made to those affected by this change. You are therefore advised to re-read this statement on a regular basis.


29. Exclusions and Limitations


29.1 The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

Excludes all liabilities related to any personal damages or accidents cause by any reasons or mis-respresentations of any registered members using this website.


29.2 This also excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.


Your statutory Consumer Rights are unaffected

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