Privacy Policy | We Respect Your Privacy

1. Cookie notification

 

The below wording shall form a notification that pops out when loading the website, with an ok button for the user to press.

 

We use cookies to improve this site and enable full functionality to be provided. If you continue without changing your settings we will assume that you are happy for cookies to be stored. You can change your cookie settings at any time using your browser. For more information read our cookie policy.

 

2. Cookie Policy

 

A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website. It also allows us to improve our website and enable full functionality to be provided when you use our website.

 

Our website may also use cookies for the following purposes:

  • Analytics - allow us to monitor how people use the website and optimize our content accordingly to improve user experience;

  • Login settings and preferences - in order for us to remember your preferences after logging in;

  • Remarketing - in order for us to re-advertise to you when you are browsing other websites; and/or

  • Email marketing - in order for us to tailor our email messages to make them more relevant based on how you use the website.


 

3. Privacy Policy

 

This is very specific and based on a you intend your website to work. I would need you to focus not only on the bits I highlighted in orange, but also overall to what I wrote. In particularly you need to let me know if for instance users can login via third party providers (such as Facebook) or if Kitster will include links to other websites.

 

Kitster Ltd, a company registered in England at Flat 3, 135 Larkhall lane, SW4 6JR with company number 09339341 (“We and/or Us”) is committed to protecting the privacy and security of your personal information.

 

This Privacy Policy sets out the basis on which any personal data that We collect from you, or that you provide to Us will be processed by Us.

By using our website and/or the Services (as defined in the Terms of Use) you are accepting and consenting to our use of your personal information as set out in this Privacy Policy. Also, please bear in mind that use of this website is governed by the Terms of Use together with any other documents referred to in it.

 

Information we collect

We collect, process and retain personal information from you and any devices (including mobile devices) you may use when you use our website and/or the Service, as follows:

  • Information you give Us when registering an account with Us, update or add information to your account, or when you otherwise correspond with Us (by phone, email or otherwise) regarding our website and/or the Service.The information you  give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.

  • Information we collect about you when you visit our website or the Service, such as the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

 

By signing in to our website using Facebook, you are authorizing Us to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that Facebook, Inc. ("Facebook") could provide to Us through Facebook's Application Programming Interface ("API"). Such information may include, without limitation, your first and last name, Facebook username, Facebook profile picture, unique Facebook or Twitter identifier and access token, and e-mail address.

Facebook give you the option to post information about your activities on our website to your profile page to share with others within your network or opt out of information you do not wish to share.

How we use the information we collect

 

We use the personal information we collect in the following ways: (i) to provide you with the Service as set out in the Terms of Use; (ii) to notify you about changes to the Service; (iii) to improve our website; (iv) to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and (v) to keep our website safe and secure.

We use the personal data that we collect from you in order to provide to you with, and develop and improve, the Services on our website.  We also use the personal information about you for our internal purposes such as delivering newsletters to you, contacting you, processing your payment, administering your account, and to provide you with administrative communications regarding your account.  We also use your personal information to communicate with you, such as, for example, newsletters, or information relating to products, offers, or programs that may be of interest to you. If you decide that you don’t want to receive information such as promotion and marketing messages, you are given the option to opt out of receiving these messages from Us by clicking on the relevant link provided in each message and following the stated procedure.

 

We may share your information with selected third parties including analytics and search engine providers that assist Us in the improvement and optimisation of our website.

 

We may also share your personal information in the event that the business of Kitster is transferred to another entity by way of merger, sale of the company’s assets, or otherwise.

We may share your personal information with a third party if we are required to do so to comply with applicable law or a court order, or if it is reasonable to do so, to enforce our Terms of Use Conditions or to assist with a legitimate investigation (for example, in relation to suspected fraud or third party intellectual property infringement).

Although we are committed to maintaining the confidentiality of your personal information, if required by law or regulation, we reserve the right to disclose such information without first obtaining your consent.

Location

The servers that host this Site are located in the UK, and any personal details we collect  will be processed in the UK and/or the European Economic Area. If we transfer personal data out of the European Economic Area we shall ensure that we have in place measures which provide an adequate level of protection as required by the Data Protection Act 1998

 

Security

We use industry standard security measures to safeguard information concerning, and submitted by you. Any payment transactions will be encrypted (using SSL technology). Where We have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

Right to access

 

The Data Protection Act 1998 gives you the right to access personal information held about you. Your right of access can be exercised in accordance with the Data Protection Act 1998. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

 

Changes to this Privacy Policy

 

We reserve the right to make changes to our Privacy Policy. Any such changes shall appear here and become effective immediately. Your continued use of our websites is taken as meaning that you agree to any such changes.

 

If you have any questions or concerns relating to this Privacy Policy, please send us an email to info@kitster.com.

 

4. Acceptable Use Policy

By using our website (through any device) and the Service you agree that this Acceptable Use Policy applies to that use in addition to the Terms of Use http://www.kitster.com/terms, the Privacy Policy http://www.kitster.com/privacy and the Cookie Policy  http://www.kitster.com/cookies

We reserve the right to make changes to our Acceptable Use Policy. Any such changes shall appear here and become effective immediately. Your continued use of our websites is taken as meaning that you agree to any such changes.

 

This website is operated by Kitster Ltd, a company registered in England at 77a Buttesland St N1 6BY with company number 09339341.

 

You may use our website and/or Service only for lawful purposes.  You may not use our website and/or Service:

 

  • In any way that breaches any applicable local, national or international law or regulation;

  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

  • For the purpose of harming or attempting to harm minors in any way;

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards below;

  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our website;

  • Not to access without authority, interfere with, damage or disrupt:

    • any part of our website;

    • any equipment or network on which our website is stored;

    • any software used in the provision of our website; or

    • any equipment or network or software owned or used by any third party.

 

Interactive services

 

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We may from time to time provide interactive services on our website, such as listings, member profiles, message boards, chat rooms, personal web pages or profiles, forums, bulletin board, blogs, comment sections, social media features and other interactive features (the “Interactive Services”).

Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

 

Content standards

These content standards apply to any and all material which you contribute to our website (the “Contributions”), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts);

  • Be genuinely held (where they state opinions);

  • Comply with applicable law in the UK and in any country from which they are posted;

Contributions must not:

  • Contain any material which is defamatory of any person;

  • Contain any material which is obscene, offensive, hateful or inflammatory;

  • Promote sexually explicit material;

  • Promote violence;

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • Infringe any copyright, database right or trade mark of any other person;

  • Be likely to deceive any person;

  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

  • Promote any illegal activity;

  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

  • Be likely to harass, upset, embarrass, alarm or annoy any other person;

  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

  • Give the impression that they emanate from us, if this is not the case;

  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

 

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our website.  When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Use http://www.kitster.com/terms upon which you are permitted to use our website, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our website;

  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;

  • Issue of a warning to you;

  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

  • Further legal action against you;

  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this Acceptable Use Policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

Changes to the acceptable use policy

We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

 

 




 

PLEASE READ THESE TERMS OF USE (THE “TERMS”) CAREFULLY BEFORE USING THIS WEBSITE AND/OR THE SERVICE

 

Date last revision 1st March 2016

 

These Terms (together with the documents referred to in it) tells you the terms on which (i) you (an individual or legal entity) may make use of the website www.kitster.com (the “Website”), whether as a guest or a Registered User (as defined in clause 1.a below), and (ii) your use the Service (as defined below).

 

Kitster provides an online platform that facilitate individuals that register to the Website to list and hire camera equipment and related accessories (the “Equipment”) to other individuals who registered to the Website seeking to hire such Equipment (the “Service”).

 

You may view listings of the Equipment as a visitor to the Website. In order to list your Equipment or request to hire any Equipment, you must register to create account with Kitster.

 

By accessing or using the Website and/or the Service or posting any listings on the Website, you confirm that you have read, and that you accept these Terms and that you agree to comply with them whether or not you registered to the Website. These Terms constitute a binding legal agreement between you and Kitster Ltd, a company registered in England at 77a Buttesland St N1 6BY with company number 09339341 (“Kitster”, “We” or “Us”).

If you do not agree to these Terms, you must not access or use the Website or Service.

 

These Terms also include our Privacy Policy (www.kitster.com/privacy) which sets out the terms on which Kitster processes any personal data collected from you, or that you provide to us, the Cookie Policy (www.kitster.com/cookies) and the Acceptable Use Policy http://www.kitster.com/cookies  By  using the Website and/or the Service, you consent to such processing and you warrant that all data provided by you is accurate.

 

  1. THE SERVICE

 

  1. Kitster makes available the Service for individuals who register to the Website (“Registered User(s))” to (i) create listings to provide for the hire of their Equipment to other Registered Users (in which case a Registered User shall also be referred to as the “Owner”) and (ii) to contact other Registered Users to hire their Equipment (in which case a Registered User shall also be referred to as the “Hirer”).

  2. For the avoidance of doubt, you acknowledge and agree that the Website only facilitates Owners and Hirers to hire the Equipment directly between each other and Kitster (i) is not a party to any agreement entered into by Registered Users for the hire of the Equipment, (ii) does not own, hire or manage any of the Equipment, (iii) in respect of the hire of the Equipment, disclaims all liability to the maximum extent permitted by law, and (iv) accordingly, Registered Users provide for hire and hire the Equipment at their own risk.

  3. You undertake to comply with all applicable laws and regulation in connection with your use of the Service.

 

  1. ACCOUNT REGISTRATION

    1. In order to use the Service, you must register to the Website and become a Registered user.

    2. In order to register to the Website, you may be required to provide certain information including but not limited to trading names, two (2) references from trading partners and correct and accurate credit card details.

    3. Your Kitster account will be created for your use of the Website and/or Service and it will be based upon the personal information you provide to us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Kitster account, whether or not you have authorised such activities or actions. You will immediately notify Kitster of any unauthorised use of your Kitster account.

    4. Kitster reserves the right to suspend or terminate your Kitster account and your access to the Website, and Service if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete or if Kitster has reason to suspect there has been a security breach or if in Kitster reasonable opinion you have failed to comply with any of the provisions of these Terms.

 

  1. USE OF THE SERVICE

    1. Any content you provide to us or any contact you make with other Registered Users, whether privately or publically, must comply with our Acceptable Use Policy.

    2. You warrant that any such content or contact complies with Acceptable Use Policy and you will be liable to us and indemnify us for any loss or damage we suffer as a result of your breach of that warranty.

    3. Kitster will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other Registered User of our Website.

    4. You grant Kitster a non-exclusive, irrevocable, perpetual, royalty-free, worldwide licence to use, copy, distribute and disclose to third parties any content you provide to us.

 

  1. HIRES AND CANCELLATIONS

    1. When you enter into a contract to hire the Equipment (as Hirer) or provide the Equipment (as Owner) you warrant and undertake that you have the legal right to enter into such transaction.

    2. A contract will be formed between the Owner and the Hirer for the hire of the relevant Equipment, when the Owner confirms acceptance of the request of the Hirer to hire the Equipment.

    3. You may only terminate the contract with the other party where you are permitted by law.  

    4. An Owner may remove a listing at their discretion. However, if an Owner must cancel a hire that they accepted, they must notify the Hirer as soon as possible. Significant or multiple cancellations may affect an Owner’s ability to list Equipment in the future, if Kister believes that the cancellation(s) has a negative effect on the Hirer and the Kitster community.

    5. A Hirer may cancel a request for hire at their discretion before this is accepted b y the Owner. However, if a Hirer must cancel a hire request that was accepted by the Owner, they must notify the Owner as soon as possible. Significant or multiple cancellations may affect a Renter's ability to rent Equipment in the future, if Kitster believes that the cancellation(s) has a negative effect on the Owner and the kitster community.  

    6. If, as an Owner, you fail to show up for a scheduled meeting to provide your Equipment to the Hirer, the Hirer may leave a negative review for the Owner. Significant or multiple no shows may affect an Owner’s ability to list Equipment in the future, if Kitster believes that the no show(s) has a negative effect on the Hirer and the Kitster community. Kitster shall refund any fees already paid by the Hirer in respect of the hire of the Equipment. If, as a Hirer, you fail to show up for a scheduled meeting to pick up the Equipment, the Owner may report it to Kitster and leave a negative review for the Hirer. Significant or multiple no shows may affect an Hirer's ability to rent the Equipment in the future, if Kitster believes that the no show(s) has a negative effect on the Hirer and the Kitster community.

    7. If the Hirer damages, loses, steals, converts, or transfers to a third party, or does takes any other action in regards to the the Equipment belonging to the Owner, the Hirer agrees to pay for the full repair or replacement of the Owner’s Equipment.

    8. If the Hirer late returns the Equipment, the Hirer shall pay any late fees to the Owner of the Equipment as determined by the Owner in its listing for the hire of the relevant Equipment. The maximum late charge per day will be the amount of a one day rental for the specific hire. Kitster will charge these fees to your payment card on file, to be paid to the Owner or may collect it using alternative billing methods. Owners may also leave a negative review for the Hirer.

 

  1. OWNER TERMS

    1. The provisions of this clause 5 apply to Registered Users who are Owners and thus wish to provide for hire their Equipment via the Website.

    2. As a Registered User you may create listings to provide for the hire of your Equipment. To create a listing, you will be asked a variety of questions about the Equipment to be listed.

    3. You acknowledge and agree that you are solely responsible for your listings and must be the legal and beneficial owner of the Equipment and/or have the right to provide for the hire of the Equipment. The hire and/or the provision for hire of the Equipment shall not not infringe the rights of any third party; and shall not breach any applicable local, national or international law or regulation.

    4. When you create a listing, you may also choose to include certain requirements which must be met by Registered Users who wish to hire your Equipment, such as (but not limited to) a minimum or maximum hiring period, and drone licences if relevant.

    5. Listings will visible to anyone accessing the Website, whether or not they are a Registered User.

    6. Hirers will be able to hire your Equipment via the Website, based upon the information provided in your listing. You understand and agree that once a Registered User requests to hire your Equipment, you may not request the Registered User to pay a higher price than in the booking request. For the avoidance of doubt, Hirers can decide whether to accept the hire or to refuse the request for hire of the Equipment.

    7. If an Owner accepts a hire request by a Hirer, the Owner should make the Equipment available to hire on-time, based on what was accepted by the Owner or proposed by the Owner and accepted by the Hirer.

    8. You may amend the terms on which you offer the Equipment for hire at any time before you have entered into a contract to hire such Equipment.

    9. You may remove the Equipment from the Website at any time before you have entered into a contract to hire such Equipment.

    10. You acknowledge and agree that Kitster does not act as an insurer and thurs Kitster recommends that you obtain appropriate insurance for your Equipment. Kitster is not liable for any damage or loss caused to your Equipment.

    11. By registering to Kitster you warrant that your Equipment is (i) in well-maintained condition (clean with no broken parts) and fully functional and (ii) that you did not alter your Equipment in such a way that makes it dangerous to use or generally a liability concern.

    12. Kitster reserves the right to suspend or revoke a specific listing eligibility at any time for any reason, at its' sole discretion. Although it is very rare, Kitster may also revoke an Owner’s eligibility to use the Services at any time for any reason, at its' sole discretion.  In the event that Kitster suspends or revokes an Owner, Kitster reserves the right to suspend or cancel any reserved or active hire and cancel any payments.

 

  1. HIRER’S TERMS

    1. The Hirer acknowledges and agrees that it is its responsibility to pick up the Equipment from the Owner (unless you have agreed otherwise with the Owner) and to then deliver back the Equipment at the end of the hiring period.

    2. The Hirer shall:

      1. keep the hired Equipment in well-maintained condition (keep it clean with no broken parts). HIred Equipment  should be kept fully functional, just like it was when you got it from the Owner.

      2. not use the hired Equipment in a way that makes it unrepairable or the value unassessable (so that it can be covered by an insurance policy).

      3. not use hired Equipment in a way that makes it dangerous to use, or generally a liability concern;

      4. use the hired Equipment  in the manner it was designed to be used by manufacturer. The Hirer should not use the Equipment in a way that may interfere with the operability of the Equipment or the safe operation of the Equipment.


    3. If the Hirer requests to hire the Equipment, and the Owner accepts the request, the Hirer should be available to meet the Owner on-time, based on when was accepted by the Owner or proposed by the Owner and accepted by the Hirer.

    4. The Hirer acknowledges and agrees that if the Hirer damages, loses, steals, converts, or transfers to a third party, or does takes any other action in regards to the the Equipment belonging to the Owner, the Hirer agrees to pay for the full repair or replacement of the Owner’s Equipment.

    5. Although it is very rare, Kitster may suspend or revoke a Hirer’s eligibility to use the Services at any time for any reason, at Kitster's sole discretion. In the event that Kitster suspends or revokes a Hirer, Kitster reserves the right to suspend or cancel any reserved or active Equipment and cancel any payments.


 

  1. KITSER’S RESPONSIBILITIES

    1. Kitser will pre-vet Registered Users in accordance with clause 2.b above. However, for the avoidance of doubt, Kitster does not pre-vet any Equipment listed on the Website. We shall not be obliged to engage in any dispute between parties to a transaction to hire the Equipment. You are responsible for vetting the parties that you deal with.

    2. AS STATED ABOVE, THIS WEBSITE AND SERVICE ARE INTENDED TO BE USED TO FACILITATE OWNER AND HIRERS CONNECTING, COMMUNICATING, LISTING, AND HIRING EQUIPMENT DIRECTLY WITH EACH OTHER.

    3. KITSTER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EQUIPMENT.

    4. KITSTER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND EQUIPMENT. ACCORDINGLY, ANY HIRES WILL BE MADE AT THE HIRER AND/OR OWNER’S OWN RISK.

    5. WHILE KITSTER WILL EXPECT OWNERS AND HIRERS TO MAKE REASONABLE EFFORTS TO RETURN ANY PROPERTY THEY MAY RECEIVE THAT DOES NOT BELONG TO THEM, KITSTER WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.

 

  1. KITSTER COMMISION

    1. By using the Service you acknowledge and agree that Kitster shall receive a commission (the “Commission”) in respect of the hire of the Equipment. Such Commission shall be equal to 10% of the hiring fees paid by the Hirer to the Owner.

    2. Kitster shall automatically deduct the commission from the fees paid by the Hirer to the Owner in connection with the Service.

 

  1. PAYMENT AND FEES

    1. When you as Hirer enter into the contract with a Owner payment will be taken from your credit or debit card immediately. A deposit may be transferred to  Kitster at the time the contract is entered into whilst the remaining will be paid to the Owner three days after you have picked up the Equipment from the Owner.

    2. Kitster uses Paypal, for payment processing. In order for you to use Paypal's payment processing services, you must enter into any relevant agreement with Paypal.

 

  1. REGISTERED USERS CONTRIBUTIONS

    1. The Website may contain listings, member profiles, message boards, chat rooms, personal web pages or profiles, forums, bulletin board, blogs, comment sections, social media features and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users (whether Registered Users or guests of the Website) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Acceptable Use Policy.

    2. Any User Contribution will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that: You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us.

    3. All of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Kitster, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

    4. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you.

 

  1. INTELLECTUAL PROPERTY RIGHTS

    1. We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    4. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.

    5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

    6. 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.


 

  1. LIABILITY

    1. Nothing in these Terms limits or excludes our liability to you for:

      1. death or personal injury caused by our negligence;

      2. fraud or fraudulent misrepresentation;

      3. any other type of liability which cannot by law be excluded or limited.

    2. We make no warranties or representations, whether express or implied that this Website, any content and the Services on it:

      1. are accurate, complete, up-to-date or suitable for any purpose; or

      2. are free of error or omission.

    3. We are not responsible for any action or inaction of users of the Website or Services, or content provided by users of the Website including, without limitation:

      1. the descriptions or photos of items, including their accuracy and completeness;

      2. the quality, legality or safety of the items;

      3. the Owner’s title in the items;

      4. any Registered User’s right to enter into a contract for the hire of the Equipment;

      5. The Equipment being returned at the end of the hiring period damaged, ruined, and/or not in proper working order and/or the Equipment not being returned at all;

    4. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this Website, any content or the Services on it, whether express or implied.

    5. Subject to section 8.a, Kister accepts no liability to you, whether in contract, tort (including negligence) or otherwise, for: (a) any loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; loss of business opportunity, goodwill or reputation; or (d) any direct, special, indirect or consequential damages, (e) or any other damages of whatsoever kind resulting from whatever cause through your use of the Services, Equipment and information on our Website.

    6. Subject to section 8.a, we limit our liability under this Terms whether such liability arises in contract, tort (including without limitation negligence) or otherwise, to a maximum of:

      1. the Fees paid or payable for the relevant item in respect of any claim arising in relation to a transaction on this Website; and

      2. £100 in respect of any other claim.

    7. We provide an online facility to facilitate Registered Users to hire the Equipment. Hirers and Owners are solely responsible for transactions entered into using the Website, including any damages arising out or in conjunction with the Service.

    8. In respect of any dispute you may have with another user and or/Registered User of the Website, you agree to waive any claim you may have against us in connection with such dispute and indemnify us for any loss or liability we incur as a result of any claim made against us by such user or any other third party as a result of such dispute.

    9. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or Services, or to your downloading of any content on it, or on any website linked to it.

    10. We are not responsible for any third party service providers that you integrate into your account. We will not be liable for any loss or damage that may arise from your use of them.

    11. Kitster does not guarantee that:

      1. The Website, or any content on it, will be free from errors or omissions. Furthermore, Kitster is under no obligation to update the content on the Website;

      2. The  Website, or any content on it, will always be available or be uninterrupted. Kitster will not be liable to you if for any reason the Website is unavailable at any time or for any period.

    12. The Website and the Service are provided “as is”.

 

  1. INDEMNITY

You agree to defend, indemnify and hold harmless Kitster, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to (i) your violation of these Terms of Use; (ii) your use of the Website, and/or the Services including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use; (iii) your use of any information obtained from the Website; and (iv) any third party claim arising from or connected to your misuse of the Website or Services or any use which is in breach of these Terms.


 

  1. MODIFICATIONS

    1. Kitster reserves the right, at its sole discretion, (i) to modify the Website, (ii) to modify the Service, and/or (iii) to modify these Terms, including but not limited to the Commission, at any time and without prior notice. If we modify these Terms, we will post the amended Terms on the Website and we will also update the “Last Updated Date” at the top of the Terms. By continuing to access or use the Website or Service after we amended the Terms, you are acknowledging and agreeing that you are bound by such amended Terms. If the amended Terms are not acceptable to you, you must stop accessing or using the Website and Services.

 

  1. EVENTS BEYOND CONTROL

We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under these Terms agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.

 

  1. ENTIRE AGREEMENT

    1. These Terms and all documents referred to in these Terms constitute the entire agreement between us and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter.

    2. We and you agree that in entering into these Terms have relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. Neither us nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to in them.

 

  1. THIRD PARTY LINKS AND RESOURCES IN THIS SITE

    1. Where this Website contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources.

    2. We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.​

    3. You may (i) link to our homepage and/or (ii) link your website from your Kitster profile page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

    4. In respect of sub-clause 17.c) above, you must not:

      1. Establish a link from any website that is not owned by you.

      2. Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

      3. Link to any part of the Website other than the homepage.

      4. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

      5. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

    5. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

    6. We may disable all or any social media features and any links at any time without notice in our discretion.

 

  1. WAIVER

No waiver by Kitster of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kitster to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

 

  1. SEVERABILITY

In the event that any or any part of the terms contained in these terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.

 

  1. JURISDICTION

These Terms and the Service are governed by English law and subject to the exclusive jurisdiction of English courts.

 

  1. CONTACT US

If you have any questions or concerns relating to these Terms, please send us an email to info@kitster.com.