Terms and Conditions

Legal Notice

This website and all products made available on it are owned and operated by Make It Plain Ltd, a registered company in England and Wales whose registered office is at Innovation Centre, Mewburn Road, Banbury, Oxfordshire, OX16 9PA. Company registration number 08341690, VAT number GB157606495. (“Make It Plain” or “Kinteract” or “Us” or “We”)

Terms of Service

The following terms and conditions govern all use of the Kinteract website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Kinteract’s Privacy Policy) and procedures that may be published from time to time on this Site by Kinteract (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then please refrain from accessing the Website or use any services. If these terms and conditions are considered an offer by Kinteract, acceptance is expressly limited to these terms.

Right to use the product

Access to this website and one or more of the products on the website was purchased either by you or for you by a carer or a “Provider”. You may access those products during the period of time for which access was purchased for you. When our agreement (or, where someone else such as a provider bought access for you, our agreement with them) ends, you may no longer access these products.

You may access them on your devices but only with password access. If our agreement (or, where someone else bought access for you, our agreement with them) changes, so does your right to use. For example (but without limitation as to what the change might be), if products are removed from the subscription or licence, you may no longer access the removed products.

If a provider bought access for you, you must only use our products on this website according to the rules and guidelines determined by your provider.

Your Kinteract Account

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Kinteract of any unauthorized uses of your account or any other breaches of security. Kinteract will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Users

If you use the website to post Content, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, or other files. By posting Content, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; Without limiting any of those representations or warranties, Kinteract has the right (though not the obligation) to, in Kinteract’ sole discretion (i) refuse or remove any content that, in Kinteract’ reasonable opinion, violates any Kinteract policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Kinteract’ sole discretion. Kinteract will have no obligation to provide a refund of any amounts previously paid.

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. By breaching this 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 will cease immediately.

It is your responsibility to use the right equipment and protect your computer by using appropriate security software so that it’s protected when you use the site. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other 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 any website linked to it.

The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Kinteract disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Intellectual Property

This Agreement does not transfer from Kinteract to you any Kinteract or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Kinteract. Kinteract, and the Kinteract logo, and all other trademarks, service marks, graphics and logos used in connection with Kinteract, or the Website are trademarks or registered trademarks of Kinteract. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Kinteract or third-party trademarks.

Unless specifically prohibited by a notice published on any page, you may download or print individual sections of the website for personal use and information only provided that you retain all copyright and other proprietary notices. You may not reproduce (in whole or in part), modify, decompile, disassemble or transmit or use for any commercial purpose whatsoever any information from this website without contacting Make It Plain (or the relevant party in the case of third party content) and obtaining prior written consent.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you most not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Links to other websites

If you click a link on our website, or have followed a link from another website to get to ours, please remember that we’re not responsible for any third-party content. You should read the privacy policy and terms and conditions relating to any third party websites that you visit.

Accessibility

We’re committed to providing an accessible to all of our users. To meet this commitment, this website adheres as closely as possible to use the Web Accessibility Guidelines, published by the World Wide Web Consortium W3C group, and the UK Government’s guidelines.

This site has been developed using HTML and CSS which allows visually impaired users to navigate and experience the site content without restrictions by the layout. Some visitors may find it necessary to increase or decrease the size of the text.

Downloadable files from the site are provided in file formats which are accessible to most screen readers and other accessibility software.

If you’re having difficulties using the site, please contact admin@kinteract.co.uk

Changes

Kinteract reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Kinteract 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 be subject to the terms and conditions of this Agreement.

Termination

Kinteract may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Kinteract account (if you have one), you may simply discontinue using the Website or deleting your account.

Disclaimer of Warranties

The Website is provided “as is”. Kinteract and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kinteract nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will Kinteract, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Kinteract under this agreement during the twelve (12) month period prior to the cause of action. Kinteract shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Kinteract Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Kinteract, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Accuracy of content

We’ve gone to great lengths to make sure all the information on this site is accurate and up to date. But if you do find anything that doesn’t look right, please contact admin@kinteract.co.uk

Jurisdiction and applicable law

This website is established by Make It Plain in England. Any use of it shall at all times be governed by the laws of England and Wales and, in the event of any dispute, the relevant parties shall irrevocably submit to the exclusive jurisdiction of the English Courts.

To the extent that any part of these conditions of use is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction such part shall to that extent be severed from the remaining terms of all which shall remain in full force and effect as permitted by law.