1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Fee”: means the fee paid by Users to access and use the Product for one calendar month;
“Fee Period”: means one calendar month commencing on payment of the Fee;
“Free Period”: means 7 calendar days commencing on payment of the Fee;
Kontrax is a trading name of Kontrax Limited whose registered office is at Monomark house, 27 Old Gloucester Road, London, WC1N 3AF, company number 14287145.
“Permitted Use”: means the use of the Product as set out in Clause 2;
“Product”: means the services, information and other items provided by Kontrax Limited through this Website which are packaged folders of items, each of which is made available subject to these Terms and Conditions, individually or collectively as one package;
Kontrax”: means Kontrax Limited of Monomark house, 27 Old Gloucester Road, London, WC1N 3AF, (references to “we”, “us” and “our” should all be read as referring to Kontrax Limited);
“User”: means any third party that accesses the Website and is not employed by Kontrax and acting in the course of their employment (references to “you”, “your” and “yours” should all be read as referring to you as a User); and
“Website”: means the website that you are currently using (www.mykontrax.com) and any sub-domains of this site (e.g. subdomain.mykontrax.com) unless expressly excluded by their own terms and conditions.
2. Permitted Use
Subject to the payment of the Fee and subject to the restrictions in Clause 3 below you shall be granted a non-exclusive perpetual licence:
2.1 to use the Product and any of the document templates, information or other items therein for your own personal and/or business purposes;
2.2 only for the purposes of supporting the Permitted Use, to reproduce, print and make back-up copies on any computer system; and
2.3 to copy, modify, adapt, merge, translate, disassemble, or create derivative works based upon the whole or any part of the Products.
3. Exceptions and Restrictions
3.1 The Permitted Use is subject to the following exceptions and restrictions:
3.1.1 You will not sell any of the Product (or any part thereof) to third parties;
3.1.2 You will not distribute any of the document templates, information or other items contained within the Product (or any part thereof) to third parties for sale or resale (or free of charge) whether as part of a package or as a separate product;
3.1.3 You will not use the Product (or any part thereof) for any purpose which rivals or competes with Kontrax. In the event of a dispute between a User and Kontrax it shall be for Kontrax to define “rival” and/or “competing” purposes; and
3.1.4 You will not rent, lease, sub-licence or loan any of the Products (or any part thereof) to third parties.
3.2 Subject to sub-Clause 3.1, you may use the Product in the course of your business to facilitate and execute transactions and to manage any and all relevant business affairs, which purpose may require the distribution of copies of the document templates, information or other items contained within the Product to third parties.
3.3 The restrictions in sub-Clause 3.1 are subject to the provisions of the Copyright Designs and Patents Act 1988. Kontrax Limited waives its moral rights contained in Sections 77 – 79 of that Act.
3.4 The copyright and all other applicable intellectual property rights in the Product remain the sole property of Kontrax.
3.5 All restrictions in this Clause 3 shall apply to the Product, any and all parts thereof, and any derivative works created by you using the same.
3.6 All licences, consents and restrictions contained in these Terms and Conditions shall be limited to the normal duration of copyright in literary works as defined in the Copyright Designs and Patents Act 1988, Section 12 (the life of the author, plus 70 years).
3.7 You acknowledge that our document templates, information and other items included on our website are made available for download by you on the basis that they are not instruments or other documents prepared for you by us or our employees or consultants, and it is your responsibility to ensure that you are entitled to prepare and customise our document templates as may be required by law.
4. Ownership
Kontrax shall at all times retain ownership of the Product, save for any new documents that are created and completed within the permission granted by sub-Clause 2.3 of these Terms and Conditions.
5. Fees, Payment and Purchases
5.1 All Fees appearing on this Website are exclusive of Value Added Tax. Value Added Tax shall be added to any and all sums due at the point of sale.
5.2 All transactions processed through this Website are handled by Stripe. No payment details are collected or processed by Kontrax. We do not accept responsibility for any problems you may have in making payment through Stripe.
5.3 Upon the successful completion of payment, the Fee Period of one calendar month shall commence and shall reoccur monthly unless cancelled thus providing access to the Product (or the relevant part thereof as determined by your subscription).
5.4 Upon the successful completion of payment, the Fee Period of one calendar year shall commence and shall reoccur annually unless cancelled by you thus providing access to the Product (or the relevant part thereof as determined by your subscription).
6. Product and Liability
6.1 We will use reasonable endeavours to correct in a timely manner any defect in any Product item where we are made aware of such defect.
6.2 We will not be liable for any loss of any kind including lost profits or other consequential losses arising from your use or inability to use the Product or from errors or deficiencies in any Product.
6.3 You should ensure that any Product (or part thereof) acquired from Kontrax is appropriate and complete in all respects for its intended purpose. We give no representation or warranty that such material will be fit for its intended purpose, useful to you or of satisfactory quality.
6.4. Document templates and other items are only made available by us to you as a starting point for you to prepare documents for your purposes. Before you use any item selected, you should edit and customise it as necessary to ensure that it is appropriate and complete to meet your requirements and circumstances or arrange for a suitable person to do so for you.
6.5 We are not a legal practice, and our Product is not intended to replace legal or other professional advice. Neither we nor our employees or consultants prepare any document for you or provide you with any legal advice. If you need help to prepare any document, or if you need advice as to suitability of any item for any purposes or as to any changes that you do or might need to make to any Product item, you should consult a suitably qualified legal or other professional adviser.
6.6 You acknowledge that any Product (or part thereof) purchased may, in the future, need to be amended in response to changes in the law or commercial practice. We are not responsible for advising you of any such changes or amendments.
6.7 No liability shall attach to Kontrax, our directors or officers, our employees, or retained consultants for loss or damage of any nature suffered as a result of the use of any of the Product or for any errors or omissions in the contents of any document templates, information or other items.
7. Refunds
We operate a refund policy that shall, always, be subject to our discretion. Any User wishing to receive a refund should contact us for further information. Please note that if you have used your Free Consultation (or any portion thereof), you will not be eligible for a refund.
8. General
Kontrax has no involvement in, nor any responsibility or liability for any part of a Free Consultation.
9. Changes to the Website, the Product and these Terms and Conditions
We reserve the right to change this Website, the Product and these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.
10. Availability of the Website and the Product
10.1 This Website and the Product are provided “as is” and on an “as available” basis. We give no warranty that the Website or the Product will be free of defects and/or faults.
10.2 We accept no liability for any disruption or non-availability of this Website resulting from any causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11. Waiver
Failure by Kontrax Limited to enforce the performance of any provision in these Terms and Conditions shall not constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
12. Severance
In the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid, or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
13. Data Protection and Privacy
13.1 We collect, hold and process all personal data in accordance with your rights and our obligations under the Data Protection Act 1998 (and, from 25 May 2018, the EU General Data Protection Regulation (“GDPR”)), and we take appropriate steps to ensure that your information is protected consistent with the principles set out in the Act (after 25 May, the GDPR), any other privacy laws, these Terms and Conditions, and our Privacy Policy, whether that information is held by us or shared by us with third parties. 13.2 For full details of our collection, use, and holding of personal data, information about your legal rights as a data subject and how to exercise them, please refer to our Privacy Policy.
14. Law and Jurisdiction
These Terms and Conditions are governed by the laws of England and Wales. Any dispute relating to these Terms and Conditions shall fall within that jurisdiction.
