Platform Terms of Use & Acceptable Use Policy
Last updated on 02.04.2025
Please read these terms carefully because they set out the terms of a legally binding agreement between you and KINTO JOIN Limited.
Contents
- Information about us
- Definitions and interpretation
- Important information
- Our Services
- Journey Sharing, Safety Tips and Rules of Behaviour
- Eligibility, registration and your account
- Rules of Behaviour
- Uploading Your Content to the Platform
- Access to the Platform
- Intellectual Property Rights, End User Licence and Kinto Content
- Limitation of our liability to you
- Your indemnity to us
- Termination
- General & Governing law and jurisdiction
- Concerns
- Contact us
1. Information about us
1.1. We are KINTO JOIN Limited, a company incorporated in England and Wales, with company number 08598706. Our registered address is at Great Burgh, Burgh Heath, Epsom, Surrey, KT18 5UZ, England, United Kingdom (“KINTO”, “we”, “us”, or “our”).
1.2. KINTO makes available certain software applications, including mobile and desktop applications including the “Kinto Join Carpooling Service” online platform via a smartphone application and via www.kintojoin.io (the “Website”) which enables people in communities to identify each other and easily arrange to share journeys by car and other means of transportation.
1.3. Our approach to processing information and personal data is set out in our prevailing privacy policy, a copy of which can be accessed here.
1.4. In these terms and conditions concerning the use of our Services and Platform, references to “you”, “your” and “yours” are references to the person accessing the Platform or using any of the Services (as defined below) provided by KINTO.
1.5. If you wish to contact us for any reason, including because you have any complaints, you can contact us via the details set out in the Contact Us section.
2. Definitions and interpretation
2.1. The definitions and rules of interpretation in this clause 2.1 apply to these Terms of Use or as otherwise indicated in these Terms of Use.
Agreement(s) means any binding contract between the Customer and KINTO concerning the Customer’s subscription to our Platform and related Services.
Admin means a person or entity who administers a journey sharing community as designated by our Customer(s). The Admin can simultaneously be a member of the journey sharing community as a User.
Affiliate means any of KINTO’s agents and/or representatives or any of our affiliate or group entities and, in relation to our affiliate or group entities, each of its respective successors, and/or assigns.
Community shall have the meaning given to the term in clause 5.1.
Customer means an entity who has an Agreement with KINTO pursuant to which we make our Services and Platform available to it and its authorised end Users.
Intellectual Property Rights means all intellectual property rights of any kind existing anywhere in the world whether or not registered and all applications, renewals and extensions of the same and whenever arising, registered or applied to be registered including copyright, database rights, design rights, patents, trademarks, service marks, trade names and other rights in goodwill, rights in know-how, trade secrets and other confidential information.
KINTO Content shall have the meaning given to the term in clause 10.1.
Platform means software applications, including mobile applications and desktop platforms (including the Website), concerning, amongst other things, corporate mobility solutions provided by KINTO to assist its Customers and their respective Users in the facilitation and management of sustainable corporate commuting initiatives, including incentivising community benefits and tracking estimated carbon footprint savings.
Rules of Behaviour mean the rules of behaviour set out in clause 7 of these Terms.
Services shall have the meaning given to the term in clause 3.1
Terms of Use mean these terms and conditions and any amendments to or revisions of any of the same as may be published from time to time by us.
User means any person registered on the Platform to use the Services.
Your Content shall have the meaning given to the term in clause 8.1.
2.2. The expression “including” as used is to be construed as being immediately followed by the expression “without limitation”, consequently, any such phrase shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2.3. Words appearing in the singular shall include the plural and vice versa.
2.4. Headings do not affect the interpretation of these Terms.
2.5. Reference to a statute, statutory provision or subordinate legislation made under a statute is to be construed as being to that statute, provision or subordinate legislation as amended or re-enacted from time to time whether before or after the date appearing at the top of these Terms of Use as the last revision date. Where we refer to a statute, that reference includes any subordinate legislation made under that statute whether before or after the date of the latest revision of these Terms of Use.
2.6. Reference to any agreement, contract or document shall be construed as a reference to it as varied or supplemented from time to time.
3. Important information
3.1. These Terms of Use apply to your use of the Platform and the services we provide via the? Platform (the “Services”).
3.2. These Terms of Use contain legally binding obligations that you must comply with and also contain limitations on our liability to you. Your attention is particularly drawn to the following clauses:
3.2.1. clause 5 (Journey Sharing and Safety Tips)
3.2.1 clause 7 (Rules of Behaviour);
3.2.2. clause 11 (Limitation of our liability to you);
3.2.3. clause 12 (Your indemnity to us); and
3.2.4. clause 13 (Termination).
3.3. Please read these Terms of Use carefully before using the Platform and applying to become an Admin or User because you are agreeing to be bound by and comply with these Terms of Use . You will be required to accept these Terms of Use upon registration to our Platform.
3.4. These Terms of Use expressly supersede our prior agreements or arrangements with you. If you do not accept these Terms of Use, you should not use the Platform and the Services and you should not register with the Platform to use the Platform or any of the related Services.
3.5. As it is our policy to continually improve products, methods and materials, we reserve the right to change specifications of our Platform and Services from time to time. Accordingly, we may modify our Terms of Use to address such changes to our Platform and Services, except we will not make any significant variations to our Terms of Use without your agreement. Where we do make any material changes to our Terms of Use, we will provide reasonable notice to Users of such changes and any implications of such changes for Users on our Platform. If you continue to use the Platform and Services after we have provided notice of any material changes to our Platform, Services and, as revised, our Terms of Use, then we will deem the revised Terms of Use as accepted by you. You may, at any time and without cost to you, close your account at any time in accordance with clause 13.3 of these Terms of Use.
4. Our Services
4.1. The Services include the provision of access to our Platform, through which Users may initiate contact with and arrange shared transportation with other Users by car or other means of transportation, and all such other services that may be accessed on the Platform. Some Services and functionalities of the Platform may be limited to you unless you have registered or, as the case applies, whether you are an approved User by our Customer who is subscribed to our Services pursuant to an Agreement with KINTO. If you are an end User, your ability to use our Platform may be limited by the Agreement with our Customers and you may not be able to participate in any Community or shared travel initiatives unless or until you have been accepted into such Community by our applicable Customer’s designated Admin.
4.2. We do not provide transportation services, nor are we a transportation carrier. Except as expressly set out otherwise in these Terms of Use, we have no responsibility or liability for any transportation services provided to or by you.
5. Journey Sharing and Safety Tips
5.1. The Services provide, amongst things, Users the ability to communicate and manage participation in journey sharing arrangements with other Users within their Community which are created under our programme with our business Customers (the “Corporate Carpooling Program“). Users will only be able to join a journey sharing Community when accepted by the relevant Admin of a corporate Community. For Communities established under the Corporate Carpooling Program, Users will typically be required to be an employee or other worker engaged by our business customer to allow you to participate in the Corporate Carpooling Program.
5.2. Please note that when you join a Community, the Admin and other Users of the Community will be able to see details about you, such as your requested travel details. See our Privacy Policy for further details.
5.3. You should check that a Community reflects your requirements before requesting to join. You may not be able to join a Community if you are not accepted by the relevant Admin of that Community.
5.4. Our Services are limited to enabling you to connect with other Users and to join Communities if you choose to do so. For clarity, we do not verify the identity of any User and we do not accept any responsibility and disclaim liability for the actions or omissions of other Users in relation to your use of the Services or otherwise.
5.4. If you are an authorised User and part of a Community and wish to provide transportation to another User of that Community by way of carpooling (e.g., as a driver of a vehicle), it is entirely your responsibility to ensure that you have all the necessary permits, licences, authorisations and consents (including a valid driving licence and insurance) required by applicable laws.
5.5. It is also your responsibility to check that any other User proposing shared travel via the Platform, and which whom you wish to travel with, is adequately qualified, that the vehicle they are proposing to travel in is roadworthy and has been serviced and is compliant with all applicable laws and regulations, and that they have the necessary permits and insurance to undertake their planned journey lawfully.
5.6. We do not monitor the information set out in clause 5.4 and 5.5. of these Terms of Use.
5.7. We do not accept any responsibility for and disclaim liability in relation to any journeys or routes taken by Users. In particular, we do not guarantee that any User will comply with their undertakings in relation to these Terms of Use or any journeys that a User decides to take or plan to take in relation to the Services. We do not guarantee that participation in any Community will enable a User to arrive at their destination at a particular time. In addition, we do not accept responsibility for and disclaim liability for the safety of any driving of any User in relation to the Services.
5.8. Notwithstanding the foregoing, we request and rely upon Users behaving well and properly towards each other and treating each other with mutual respect and consideration and taking responsibility for their own actions. You must read and comply with our Safety Tips and Rules of Behaviour, as updated from time to time. Our Rules of Behaviour are set out in clause 7.
6. Eligibility, registration and your account
6.1. In order to validly register as a User of the Platform and use the Services, you must be at least eighteen years old, and you must register for and maintain a User account. If you are under 18 years old, any purported membership shall be void and you will not be able to access the Services without a User account. Without prejudice to our other rights and remedies under these Terms of use, we have the right to refuse to grant you an account if you do not meet this eligibility criteria.
6.2. The information that you provide must be current, complete and accurate. You agree to maintain accurate and up to date information relating to your account. We reserve the right to terminate your account if your information is incomplete, inaccurate or out of date.
6.3. Subject to our right of refusal referred to in clause 6.1, upon registering for an account, you will be asked to choose a user ID and password. You must keep this information confidential and you are entirely responsible for ensuring that this information is not communicated to or shared with any other person. We are entitled (but not obliged) to terminate your account at any time, including if we become aware that you have disclosed your user ID and/or password to any other person. Please note that you are entirely and solely responsible for all activity that occurs under your account, including any posted journeys and all communications. We have no obligation to monitor any journeys or communications you make with other Users.
6.4. We are not obliged to and nor do we have the technical means to check the identities of every User registered on our Platform. The use of your account is expressly limited to you, and you are not entitled to transfer or share your account with any other person (temporarily or permanently). If you have any reason to believe that another person may be using your identification information or account, you must inform us immediately by contacting us. We will suspend access or change access to your account as soon as possible following receipt of notification by you that your password has been lost, stolen or otherwise compromised.
6.5. You are responsible for all equipment (including but not limited to all computer, software, telephone, internet and other telecommunication systems) used to access the Platform and our Services, together with any charges or costs incurred as a result of its use.
6.6. Our Platform may, from time to time, use certain software applications provided by third party service providers. Where our Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
7. Rules of Behaviour
7.1. The Platform must not be used to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material of any kind, including, any material which encourages conduct that would harm our business interests, constitute a criminal offence, exploit children and/or vulnerable adults, violate rights of others, or otherwise violate any applicable local, state, national, or international law. We reserve the right to remove any User, Community or participant, which in our sole judgement, breaches the obligations set out in this clause 7.
7.2. Without prejudice to any terms of our Agreement(s) with our Customers or our termination rights set out in clause 13, you must not use any of the Services (including the Platform):
7.2.1. in any way that breaches any applicable local, national or international law or regulation;
7.2.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
7.2.3. to advertise, promote, market, solicit orders for or offer to buy, sell, lease or license products, goods and facilities;
7.2.4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;
7.2.5. to knowingly or without due care transmit any data, send or upload any material or information 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;
7.2.6. to harvest, aggregate, mine, copy or otherwise collect information about others, including but not limited to names, email addresses, passwords, telephone numbers, usage information without their consent;
7.2.7. to attempt to gain unauthorised access to, tamper with, modify, or hack into, or reverse engineer the Platform; and
7.2.8. other than for your personal use.
7.3. Without prejudice to clause 13 (Termination) below, you undertake to comply with the following acceptable use standards:
7.3.1. not to reproduce, duplicate, copy, reverse engineer, or sell all or any part of the? Platform;
7.3.2. not to access without authority, interfere with, damage or disrupt: (a) all or any part of the Platform; (b) all or any equipment or network on which the Platform is stored or hosted; (c) all or any software used in the provision of the Platform; (d) all or any equipment or network or software owned or used by any third parties.
7.3.3. to provide us or the Customer designated Admin with whatever proof of identity we or they may reasonably request at any time;
7.3.4. to ensure that all content posted, published, uploaded, disseminated and/or broadcast in any form whatsoever on or via the Platform:
(a) is accurate, genuinely held and complies with applicable laws;
(b) does not contravene the rights of any other person or that is defamatory, obscene, injurious, offensive, hateful or inflammatory, violent or inciting violence, sexually explicit or promotes sexually explicit material, political or fraudulent, and, in general, any content that is contrary to our business, prevailing laws or rules and/or prevailing acceptable norms and standards;
(c) does not promote discrimination of any type;
(d) does not infringe proprietary rights of a third party, including Intellectual Property Rights of others, such as (by way of example only) by publishing copyright material without the permission of such third party;
(e) does not infringe the privacy rights of a third party, such as (by way of example only) sharing the personal details of Users including their email address, residential address, telephone number which would enable a User to contact another User outside of the Platform;
(e) does not contain content or links to third-party websites;
(f) does not deceive, harass, upset, embarrass, alarm or cause annoyance, inconvenience or anxiety to any User;
(g) does not impersonate any person or to misrepresent your identity or affiliation with any User;
(h) does not advocate, promote or assist any unlawful act such as (by way of example only) computer misuse;
(i) does not breach of any legal duty (including any contractual duty or a duty of confidence owed to any other person); and
(j) does not express or imply that any statements you make are endorsed by or emanate from us without our specific prior written consent.
7.4. Without prejudice to clause 13 (Termination) below, you undertake to comply with the following acceptable behaviour standards when undertaking shared journeys with other Users in your Community:
7.4.1. be polite and respectful of the personal space and privacy of other Users whom you are sharing journeys with, such as (by way of example only) do not engage in any physical contact, ask personal questions (e.g., about their relationships or sexual orientation), make inappropriate, discriminatory, derogatory comments and/or any explicit (including sexually suggestive) comments or gestures;
7.4.2. do not use or otherwise operate any vehicle or any form of transportation under the influence of any substances including drugs or alcohol;
7.4.3. be alert and, if you are operating any vehicle or other form of transportation, follow all local rules of the road and practice safe behaviour which includes looking out for and being respectful to other members of the public including other drivers or pedestrians on the road;
7.4.4. use appropriate safety equipment or features including helmets or seat belts in accordance with any applicable manufacturer’s instructions;
7.4.5. do not carry illegal items, including illegal drugs, explosives, fire arms, ammunition, weapons (e.g., knives or pepper sprays), indecent material (e.g., obscene or pornographic material)
7.5. if you have any concerns about any User’s behaviour or compliance with our Rules of Behaviour, please report any actual or suspected misconduct or issues to us immediately by contacting us at support@kintojoin.io.
7.6. Failure on your part to comply with all or any of the obligations and/or undertakings set out in these Terms of Use will constitute a serious breach by you of your obligations to us. Without prejudice to any other rights and remedies we may have, including under clause 13 (Termination) below, if you breach one or more of your obligations under these Terms of Use, then we shall be entitled to take all or any of the following steps:
7.6.1. immediate, temporary or permanent withdrawal of your right to use the Platform and the Services;
7.6.2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Platform;
7.6.3. commence legal proceedings against you including reimbursement of all reasonable costs (including but not limited to, reasonable administrative and legal costs) resulting from your failure to so comply;
7.6.4. lawfully disclose such information to law enforcement and/or other competent authorities as we may reasonably feel is necessary; and
7.6.5. exercise any other right or remedies we may have under these Terms of Use or at law.
8. Uploading Your Content to the Platform
8.1. To the extent that any User is able to upload any user generated content, including information, text, data, images or other materials (“Your Content”), please note Your Content has not been verified or approved by us and we accept no liability connection therewith.
8.2. You hereby grant (and represent and warrant that you have the right to grant) to us a royalty-free, irrevocable, non-exclusive, worldwide licence (together with the right to grant sublicenses) to use, copy, reproduce, represent, adapt, modify, translate, scan, sublicense, assign, transmit, and create derivative works to any and all of Your Content that you upload, post, disseminate, broadcast or distribute on or through the Platform, to enable us to provide the functionalities available from time to time on the Platform and via our Services.
8.3. You must not copy, reproduce or otherwise use for any purpose whatsoever any content relating to other Users except to the extent required for the purpose for which usage of the Platform is expressly permitted as described in these Terms of Use.
8.4. We shall be entitled to remove any of Your Content you upload or post to the Platform if, in our opinion, such material does not comply with the Rules of Behaviour.
8.5. Whenever you make use of the Platform or the Services and upload Your Content to make contact with other Users, you must comply in all respects with the Rules of Behaviour.
8.6. Any of Your Content that you upload to our Platform will be considered non-confidential and non-proprietary. We have the right to use, copy, distribute and disclose to any other person any such content, information, data, images and/or materials for any purpose necessary to provide the relevant functions and features of our Platform and for the purposes of fulfilling our obligations via Services. We also have the right to disclose your identity to any person claiming that Your Content published, uploaded, posted on, disseminated, broadcast and/or distributed on and/or through Platform constitutes a violation of their intellectual property rights, their right to privacy or any other applicable laws.
9. Access to the Platform
9.1. Access to the Platform is subject to our Agreements with our Customer. We do not charge you for browsing our Website or downloading or accessing our Platform. Notwithstanding the foregoing, certain features and functionalities of our Platform, including certain Services available to you, may be limited depending on whether you are a Customer of KINTO, an Admin of a Community, or an authorised User of the Platform (as authorised by our Customers), for example, as an approved User in a Community.
9.2. We reserve the right at any time and for any or no reason to limit, deny, modify or discontinue all or any part of the Platform with or without prior notice to you. We shall not be liable to you or to any other person if, for any reason, all or any part of the Platform is unavailable at any time and for any period (including in the event of their total or partial discontinuance by us). If a User is deemed a consumer as a matter of law, then this clause 9.2 shall not apply to such User. Please see clause 11.4 for liability limitations that concern our liability to Users who are deemed consumers.
9.3. We give no warranty that access to the Platform will be uninterrupted, timely, secure or error-free or that any graphics or other content (e.g., reports) you may download from time to time from the Platform will meet your requirements. If the need arises, we may suspend access to the Platform and close it indefinitely.
9.4. From time to time, we may carry out maintenance of the Platform which may result in certain parts of it becoming unavailable. As a consequence, the Services may also become unavailable or interrupted in part. We will try to give you reasonable notice of any unavailability or interruptions.
9.5. While we try to make sure that the Platform is secure, you should note that transmission of information via the Internet may not be absolutely secure and could be subject to interception by third parties.
9.6. Because of the nature of the Internet, we cannot guarantee that the Platform will be free from viruses or other harmful properties. We use appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. However, we encourage that you always use up to date firewalls and anti-virus software to protect your equipment and data.
9.7. We aim to update the Platform regularly, and may, at any time, change the content and/or archive or delete any of the journeys which are recorded on our Platform.
10. Intellectual Property Rights, End User Licence and Kinto Content
10.1. KINTO and its licensors own all Intellectual Property Rights in the Platform and any content provided via the Platform (“Kinto Content”). Save for the licence expressly granted to you in these Terms of Use, we do not grant to you any rights to, under, or in any Intellectual Property Rights in respect of the Platform and/or Kinto Content.
10.2. Subject to your compliance with these Terms of Use and our right of refusal referred to in clause 6.1, we grant to you a limited, non-exclusive, non-sublicensable, revocable, non- transferable licence to: (i) access and use the Platform on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal, non-commercial use.
10.3. The licence granted at clause 10.2 is subject to our Agreement(s) with our Customers. Where the Agreement with our Customers is terminated or has expired, that applicable Customer’s User ability to access or use our Platform and/or Services may be affected. In those circumstances, such User may no longer have the same access to certain functionalities or features of our Platform and Services that they enjoyed during the Term of the Agreement with the applicable Customer whose Agreement was terminated or has expired.
10.4. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Platform and/or in Kinto Content; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Kinto Content except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Platform and Kinto Content except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Platform and/or Kinto Content; (v) attempt to gain unauthorized access to or impair any aspect of the Platform and/or Kinto Content or its related systems or networks.
10.5. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Platform or any services provided via, or in relation to, our Platform. This includes using (or permitting, authorising or attempting the use of): (a) any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Platform or any data, content, information or services accessed via the same; and/or (b) any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations or otherwise in any manner to train any AI models, systems or programmes. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause 10.5 shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
10.6. You must not use any part of the Kinto Content on our Platform for commercial purposes without obtaining prior written permission from us to do so. If you print off, copy, download, share or repost any part of our Platform in breach of these Terms of Use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10.7. The Kinto Content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely.
10.8. Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date. If a User is deemed a consumer as a matter of law, then this clause 10.8 shall not apply to such User. Please see clause 11.4 for liability limitations that concern Users who are deemed consumers.
11. Limitation of our liability to you
11.1. Notwithstanding any other provision, nothing in these Terms of Use shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited by law.
11.2. Without prejudice to any provisions of the Agreement(s) with our Customers and subject to the remainder of this clause 11, if you are dissatisfied with the Platform or the Services or any of these Terms of Use, your sole remedy shall be to discontinue use of our Platform and Services.
11.3. Subject to clauses 11.1 and 11.4, and without prejudice to our Agreements with our Customers, we shall not be liable in contract, tort (including negligence), statutory duty, misrepresentation or otherwise, for any loss or damage whatsoever arising from or in any way connected with these Terms of Use, including any liability for any of the following:
11.3.1. losses arising out of delays to your journey;
11.3.2. loss of profits;
11.3.3. loss of sale or business;
11.3.4. business interruption;
11.3.5. loss of agreements or contracts;
11.3.6. loss of anticipated savings;
11.3.7. loss of or damage to goodwill;
whether the 11.3.1-7 are suffered directly or indirectly; or
11.3.8. any indirect or consequential loss or damage whatsoever and howsoever.
11.4. Liability to Consumers. To the extent that any User is deemed a ‘consumer’ as a matter of law and without prejudice to clause 11.1., the limitations of liability set out in clauses 9.2, 10.8, 11.2,11.3. and 11.5, do not apply to those Users deemed consumers, and we will be responsible for losses suffered by those Users deemed consumers because of our breach of these Terms of Use unless the loss was:
11.4.1. Unexpected. It was not obvious that it would happen at the time they created an account on our Platform (so, in the law, the loss was unforeseeable).
11.4.2. Caused by a delaying event outside our control. As long as we have taken reasonable steps to find a solution by which our obligations under these Terms of Service may be performed despite such event outside of our control.
11.4.3. Avoidable. Something that the User could have avoided by taking reasonable action. For example, damage to a User’s own digital content or device, which was caused by digital content or software we supplied, and which could have been avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
11.4.4. Business losses. It relates to your use of our Platform or Services for the purposes of your trade, business, craft or profession.
11.5. All conditions, warranties and obligations which may be implied or incorporated into these Terms of Use by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law. If a User is deemed a consumer as a matter of law, then this clause 11.5 shall not apply to such Users. Please see clause 11.4 above for our limitation on liability for those Users who are deemed consumers.
11.6. You acknowledge and agree that neither we nor any of our employees, officers, Affiliates, agents, representatives and subcontractors, endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Platform and/or by any other person or entity. We shall not be responsible or liable for the content of such materials and/or the conduct of any such persons (whether offline or online).
11.7. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control.
12. Your indemnity to us
12.1. You agree to indemnify us, our holding companies, our subsidiaries, our Affiliates, our office employees, agents, representatives and subcontractors against any and all actions, claims, demands, costs, losses, liabilities and expenses (including legal expenses) arising out of or relating to:
12.1.1. your use of the Platform and the Services is in breach of your obligations under these Terms of Use (including any breach of the Rules of Behaviour);
12.1.2. any claim by a third party based on any facts which if substantiated would constitute a breach by you of the Terms of Use;
12.1.3. any part or all of Your Content;
12.1.4. breach of any warranty or representation given by you; and
12.1.5. any claim which may be caused by another User resulting from your use of the Services or otherwise.
13. Termination
13.1. We may close your account on the Platform at any time if we believe, in our sole discretion, that you have violated any of the Rules of Behaviour set out in clause 7 of these Terms of Use. We may also immediately terminate your user account and right to access and use of the Platform and the Services if:
13.1.1. you materially breach or persistently breach the terms set out in these Terms of Use;
13.1.2. we are unable to verify or authenticate (should we choose to do so without being obliged to do so) any information you provide to us;
13.1.3. any information which you provide to us is inaccurate;
13.1.4. we decide, in our sole reasonable discretion, that you have abandoned your account; or
13.1.5. we decide, in our sole discretion, to discontinue operating, maintaining and/or offering all or any of the Platform and/or the Services.
13.2. Termination of your account by us shall be without prejudice to any other rights or remedies that you or we may have including any and all claims under any indemnity set out in these Terms of Use or any and all claims for damages in respect of any loss suffered as a result of a breach of any of these Terms of Use by you.
13.3. You may at any time and with or without cause terminate your registration with the Platform by cancelling your account and notifying us of that cancellation. If you are a Customer, closing your account does not affect any ongoing obligations or liabilities you may have pursuant to any existing Agreements you have with KINTO or any rights or remedies that we have accrued under them.
13.4. In the event of termination of your User account, you agree that you shall not violate the rights or privacy of any person or entity with respect to any information or materials you may have accessed, received or downloaded through your use of the Platform and the Services.
14. General
14.1. These Terms of Use and the documents referred to in these Terms of Use constitute the entire agreement between us. They cancel and supersede all prior understandings, proposals, agreements, negotiations, and discussions between us whether written or oral.
14.2. The information, material and content provided in the pages of the Platform may be changed at any time and from time to time without notice.
14.3. If any provision (or part of any provision) of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will continue in force without being impaired or invalidated in any way.
14.4. A waiver by either of us of any right or remedy under these Terms of Use or by law is only effective if given in writing and shall not be deemed to be construed as a waiver of any subsequent breach or default. A failure by either of us to enforce the provisions of these Terms of Use at any time, or the failure of one party to require at any time the performance by the other party of any of the provisions of these Terms of Use, shall in no way be construed to be a present or future waiver of such provisions nor in any way affect the entitlement of either party to enforce each and every such provision.
14.5. You may not assign, transfer and/or subcontract all or any of your rights and/or obligations under the agreement between us set out in these Terms of Use which are personal to you and any attempt on your part to the contrary is void. We shall be entitled to assign, novate or otherwise transfer all or part of our rights and obligations under these Terms of Use to any member of our group or to any entity who acquires all or part of our business without approval.
14.6. Any notice required or permitted to be given to you by us under these Terms of Use shall be delivered by electronic mail to the email address provided by you during your registration on the Platform. You may give notice to us via email at support@kintojoin.io. A notice served via email shall be deemed to have been served at the time of transmission. This clause 14.6 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
14.7. Unless expressly agreed or stated otherwise and save as specified in clause 12.1, no term of the agreement between us is intended to confer a benefit on, or to be enforceable by, any person who is not a party to the Terms of Use, including any rights under the Contracts (Rights of Third Parties) Act 1999.
14.8. We will provide you with access to our Platform and our Services within a reasonable time. If access to our Platform or provision of our Services is delayed by an event outside our control, we will try contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t be responsible for the delay, but if the delay is likely to be substantial you can contact our Helpdesk: support@kintojoin.io and we will use reasonable efforts to try and resolve the issue as soon as practicable.
14.9. For Customers and business Users, these Terms of Use and any dispute or claim arising out of or in connection with these Terms or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use or their subject matter (including non-contractual disputes or claims). For any Users that are deemed a consumer, nothing in this clause 14.9, shall limit you from exercising any rights afforded to you if your habitual residence is in the UK or, as the case applies, in the EU to the extent such consumer rights have been afforded to you by the obligatory laws of the member state of the EU which apply in your country of residence. For Users that are deemed consumers, nothing in this clause 14.9 shall prevent you from seeking to enforce any consumer rights against us in the courts of the country in the EU which you may live in. We may also bring claim against any User deemed a consumer in the courts of the country which such User resides.
15. Concerns
15.1. If you have any questions or concerns about any material whatsoever which appears on the Platform or any questions or concerns about the Services, please contact us at support@kintojoin.io
15.2. If you believe that any communication made through or on the Platform and/or any aspect of the Services infringes any legal rights that you may have or is in breach of any of these Terms of Use (including the Rules of Behaviour) or know of or suspect any infringement, you should notify us immediately with specific details by emailing us at support@kintojoin.io
15.3. You agree to comply with all reasonable requests from us, the police, or any statutory or regulatory authorities in relation to any investigations in connection with any matters arising pursuant to clause 15.2.
16. Contact us
KINTO JOIN LTD
Great Burgh, Burgh Heath, Epsom, Surrey, KT18 5UZ, England, United Kingdom
Email:support@kintojoin.io