Kitemark Website Terms and Conditions

Please ensure that you read the following Conditions carefully, as they affect your legal rights.
These Conditions apply in full force and effect to your use of this Website and by using this Website, you expressly accept all Conditions contained herein in full.

If you do not agree to our Website Conditions in full, the use of the website must be terminated immediately.

Definitions

  1. In these Conditions, User or Users means any third party that accesses the Website and is not either
    1. employed by Kitemark Limited and acting in the course of their employment or;
    2. engaged as a consultant or otherwise providing services to Kitemark Limited and accessing the Website in connection with the provision of such services.

Intellectual property and acceptable use

  1. All Content included on the Website, unless submitted by Users, is the property of Kitemark Limited, our affiliates or other relevant third parties.

In these Conditions, content means any text, graphics, images, audio, video, software, data compilations, page layout and 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. By continuing to use the Website, you acknowledge that copyright, trademarks, database rights, protect such Content and other intellectual property rights and those such rights are reserved. 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 consent.

Uploading material to the website

  1. Content submitted by Users, come under the control of Kitemark Limited, but we are not responsible for the contents of such.
    1. You may submit posts or comment in regards to existing matters, or new ones, but where necessary you will need provide documented proof. Any post containing abusive language may be deleted.
    2. Where contents have been submitted you grant Kitemark Limited a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, license to use, reproduce, amend, publish, translate, distribute it (in any and all media), create derivative works from, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed.
      (Altered submissions will be marked as so).
    3. If is your wish that you do not want to grant us the rights as detailed above, do not submit.
    4. Submitted content must be your own and must not infringe on any third party’s rights, or law. They must use non-objectionable language. Kitemark Limited reserves the right to remove any content from this Website at any time, and for any reason, without notice.
    5. You must be over 18 years of age to submit content.

Linking to our website

  1. If you wish to include a link to this website, you must comply with the following:
    1. The link must point to our home page only.
    2. Our page is not shown in frames or any other border around it.
    3. Not in a way, which does any damage to our name or website.
    4. Must not, portray, or refer to this site in an inappropriate or bad way.
    5. Do not imply or otherwise show any endorsement or association with respect to your website, with this website and or Kitemark Limited or any such person employed by Kitemark Limited and acting in the course of their employment or’ engaged as a consultant or otherwise providing services to Kitemark Limited.

    Any offending link, which does not conform to the above, will be blocked.

Permitted Use

  1. You may use this website, for your own personal, non-commercial use only (which will be reasonable and not abusive), to retrieve, display, and view, the content on a computer screen or mobile device.
  2. To obtain information as required for your non-commercial, legitimate use only

Prohibited use

  1. You must not do the following
    1. Access, Extract, Reproduce, Republish, Download, Broadcast, Modify, Copy, Distribute, Print, Capture, or transmitted in any form or medium or use for any purposes, any or all content without the expressed written permission of Kitemark Limited.
      Government information is excluded but is covered by their own copyright
    2. 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.>
    3. In any way which is harmful; unlawful; illegal, abusive, harassing; threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order, unless proved.
    4. Making, transmitting or storing electronic or paper copies of all content protected by copyright or not without the express written permission of the owner.
    5. Selling, sublicensing, and/or otherwise commercialising any material on this website, without the express written permission of Kitemark Limited.
    6. Use of this Website to engage in any advertising or marketing, without the express written permission of Kitemark Limited.
    7. Use of this website by any and all entities connected with the media, without the express written permission of Kitemark Limited.
    8. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website.

Viruses, hacking and other offences

  1. You must not do the following
    1. You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
    2. 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.
    3. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

Any breach of the above is a criminal offence under the Computer Misuse Act 1990. We will report any such breach to Action Fraud in the UK and will cooperate with them by disclosing your identity.

In the event of such a breach, your access to this website will cease immediately.

General

  1. The content of the pages of this website is for your general information and use only.
    1. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information found on this website for any particular purpose. You acknowledge that such information may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors.
    2. Your use of any information on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any information available through this website meet your specific requirements. With respect to this subsection of clause 5, we draw your attention again to clause 4.
    3. These conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to these conditions.
    4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these conditions and no third party will have any right to enforce or rely on any provision of these conditions.
    5. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
    6. 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.

Availability of the Website and disclaimers

  1. This Website may contain links to other sites.
    1. Unless expressly stated, these sites are not under the control of Kitemark Limited or that of our affiliates.
    2. 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.
    3. 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.

Limitation liability

  1. Information that Kitemark Limited makes available through the Website is provided ‘ as is” and on an “as available” basis. We give no warranty that the website will be free of defects, errors, and or faults. To the maximum extent permitted by the law, we provide no warranties, or representations (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality. Nothing contained on this website shall be construed as providing advice. Kitemark Limited is under no obligation to update information on this Website.
  2. Whilst Kitemark Limited, 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.
  3. Kitemark Limited accepts no liability for any disruption or non-availability of the Website.
  4. Kitemark Limited reserves the right to publish any correspondence sent or received, in relation to any existing or new article.
  5. Kitemark Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any information contained. These conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
  6. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  7. Nothing to the maximum extent permitted by law, Kitemark Limited accepts no liability for any of the following:
    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    2. loss or corruption of any data, database or software;
    3. any special, indirect or consequential loss or damage
  1. The submission by Mr P has been made using an accurate account and documentation to prove facts. Mr P is not liable for anything included on this website, the same being for Kitemark Limited.
  2. All material on this site is of a journalistic nature, therefore protected as such. There is, however, a complaints procedure, which must be followed.

Disclaimer

  1. In no event shall Kitemark Limited, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, or information contained in such, whether such liability is under contract, tort (including negligence) or otherwise, and Kitemark Limited, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website, or information contained in such.

Disclosure

  1. Any and all names disclosed have been done so, in the public interest. The named individuals are either relevant or have caused Mr P harm. As stated, this has been done as Mr P has been denied justice elsewhere.
  2. No matter who, irrespective of who they work for, people that carry out disability abuse, will be named and shamed.

Complaints

  1. If you disagree with any of the information contained on this website, you have the right to complain or submit a comment. You can do this either by sending your complaint to our registered office or by email to complaints@kitemark.net. All complaints will be investigated and looked into, but all correspondence will be treated as per clause 11. Replies to all correspondence will be made by way of this website and not by any other means.

Indemnification

  1. You hereby indemnify to the fullest extent Kitemark Limited from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable legal fees) arising out of or in any way related to your breach of any of the provisions of these Conditions

Severability

  1. 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 conditions will not be affected.
  2. If there is any conflict between these conditions and any rules and/or specific terms of use appearing on specific sections of the website, then the latter shall prevail.

Variation of Terms

  1. These conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Kitemark Limited is permitted to revise these conditions at any time as it sees fit, and by using this Website, you should check the conditions regularly to ensure familiarity with the then current version.

Assignment

  1. Kitemark Limited shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these conditions without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these conditions.

Entire Agreement

  1. These Conditions, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Kitemark Limited and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same.

 

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