Terms and Conditions
We welcome you to our website, https://killgan.com/ (“WEBSITE”).
This website is in the exclusive control and ownership of KiLlGaN Ltd. a company based in London, United Kingdom (hereinafter referred to as “WE”/ “US”/ “OUR”). We are a company, specialising in the informatics department. We develop Software and Applications for various devices like the Smartphones, Computers, Tablets, etc.
IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS THEN PLEASE DO NOT ACCESS/ USE OUR WEBSITE.
APPLICATION OF THESE TERMS AND CONDITIONS
These Terms and Conditions are applicable to all visitors/ users of our website; our customers/ clients/ consumers who use our services; or anyone who discloses their Personal Information/ data to us (hereinafter referred to as “USERS”/“YOU”/ “YOUR”). These Terms and Conditions constitute the entire agreement between us and our Users regarding the Website and services offered by us. These Terms and Conditions also replace and supersede any prior understanding, agreements, contract, or arrangements we might have between us and our Users regarding our services. If there seems to be any inconsistency or discrepancy in any prior arrangements/ agreements between us and our users, then our latest and updated Terms and Conditions shall prevail.
Our website is developed for use by Users that are above thirteen (13) years of age. IF YOU ARE BELOW THIRTEEN (13) YEARS OF AGE, PLEASE DO NOT USE/ ACCESS OUR WEBSITE. ADDITIONALLY, PLEASE NOTE THAT THE USERS BETWEEN THE AGES OF 13 – 18 MUST HAVE PARENTAL CONSENT IN ORDER TO USE THIS WEBSITE. In case, you do so otherwise, it will be at your own risk and volition; and your consent to the terms and conditions and other legal documents on our Website will be seen as valid and enforceable through your guardian/ parents. In other words, under any circumstances, if the User is a child or under eighteen (18) years of age, they shall use our Website under the parental/ guardian supervision only.
If you use our website/ services on behalf of a business/ legal entity/ organisation, you hereby declare to us that you have the authority to act on behalf of that business/ entity/ organisation, and your acceptance of these Terms and Conditions will be treated as a legally binding acceptance by them.
INTELLECTUAL PROPERTY (“IP”)
All content/ data/ material/ information including but not limited to trademarks/ trade name, logo, audio, images, videos, graphics, code, software and databases (collectively referred as “CONTENT”) are the exclusive INTELLECTUAL PROPERTY of KILLGAN LTD, and our licensees/assignees; unless expressly acknowledged by us as third-party intellectual property. The Website content is protected by the common law rights, intellectual property rights/ law and statutes, relevant domestic and international laws/ treaties, including but not limited to the Trademark, Copyright, Designs, Trade secret, Patents and other laws (collectively referred as “INTELLECTUAL PROPERTY RIGHTS”) that provide exclusive authorship, ownership and user rights to us in this regard. We own and retain all rights in the website and its content. All rights are reserved in our favour without any exceptions/ limitations.
The User undertakes not to copy, display, perform, download, adapt, modify/ alter, rent, lease, translate, publish, transmit, reproduce, broadcast, loan, sell, distribute or create derivative works of the content on our website, in whole or in part; in any manner whatsoever without our explicit and informed consent and prior written permission/ approval from us. We reserve our right to take recourse to all legal remedies available to us in law against you, in case of violation of our intellectual property rights in any manner whatsoever.
If you believe that your intellectual property rights on our Website has been used in a way that gives rise to concerns of infringement/ passing off, please contact us immediately at [email protected]
Our Website is provided on an “as is” and “as available” basis and we do not guarantee that it will be suitable for all your purposes or requirements. We may change/ alter the interface, content, features and requirements of our Website, without any notice/ prior intimation to you. We exercise due diligence and take reasonable care to ensure that our Website and its content is accurate, updated, defect-free, available at all times, reliable and free from viruses, bugs, spyware, and other malware, and other cyber threats. However, despite our best efforts, we cannot guarantee the same. Please read our Disclaimer carefully as it forms a part and parcel of these terms and conditions.
- We may exercise our discretion to change/modify, update or discontinue any feature, part or content on our website at any time, without any notice to you.
- We reserve our right to change these Terms and Conditions at any time. Such changes shall be effective immediately on being uploaded on our website.
- The User agrees and consents to use/ access our website at their own risk.
- We disclaim any liability, responsibility, representation, warranty and guarantee (whether express or implied) in contract/ tort that may apply to our Website and its content, to the fullest extent permissible by law.
The information/ content on our website has been obtained from sources believed to be reliable. However, we do not make any claims about the accuracy, completeness or reliability of the information on our Website, as despite our best efforts, the content may contain some errors/ inaccuracies or be incomplete. If the information on our Website is acted upon, it will solely be at the User’s own risk. We accept no liability, whether jointly or severally, for any errors/ inconsistencies/ omissions on our Website.
- To the maximum extent permissible by law, we accept no responsibility and liability for any incidental, consequential, punitive losses, claims, expenses, damages, injury, etc. resulting from use of our website or its content. Including things which are beyond our scope of care and reasonable due-diligence.
We neither assume nor accept responsibility/ liability arising out of any disruption or non-availability of our Website resulting from external causes/ events, not in our control/ power.
- We shall not be held liable/ responsible for any loss of data, or any other damage to a User’s computer system resulting from using our website in general or the download of its content.
- The User agrees and consents to indemnify us (including attorneys’ fees), arising out of or relating to any misuse/ misconduct by the User of our website, or violation of our terms and conditions and legal documents in any manner whatsoever.
The use of the internet and other forms of information & technology is at the User’s own risk, and subject to all applicable national and international laws and regulations. We shall have no responsibility for any action/ inaction, misuse, misconduct with respect to the information or services used by you on the internet.
- If any User has any legally valid reason to recover any damages from us with respect to our website or its content, it shall be to the extent permitted by the applicable law; and the User consents that their exclusive remedy/ legal recourse in this case will only be the following :-
The total claim (including damages) and our aggregate liability shall not be greater than GBP 60 (sixty pounds) in any given situation/ matter. In other words, we shall not be liable for more than GBP 60 (sixty pounds), in case of a breach/ claim/ negligence.
- If any provision of these limited liability clauses are held to be invalid or unenforceable by a Court of law, this shall not render the entire Limited liability clause as invalid/ unenforceable; and the its remaining provisions will remain in effect as legally valid and enforceable.
- We shall not be liable for any delay, failure to perform or comply with our obligations under these Terms & Conditions, which is beyond our reasonable control.
WE RESERVE THE RIGHT TO SUSPEND THE OPERATION OF OUR WEBSITE AT ANY TIME FOR OPERATIONAL, REGULATORY, LEGAL OR OTHER REASONS IN OUR INTEREST.
- As aforementioned, No User shall use our website/ our services if they are under thirteen (13) years of age. Users from thirteen (13) – eighteen (18) years of age shall use our Website only through their parent/ guardian.
All Users who access our website or use our services in any manner are subject to these Terms and Conditions, which are binding on our Users without any exceptions or limitations.
- The User shall not use our Website in breach or violation of our legal documents, without any exceptions/ limitation whatsoever.
The User shall not use our Website pursuant to any unlawful, unethical and illegal activities without any exceptions/ limitations whatsoever.
We shall not be liable for any incomplete/ incorrect information uploaded by the User on our Website.
- The User shall not intimidate, abuse, harass, threaten, or impersonate any other User on our Website. Also, the User shall not infringe the rights of other Users on our Website. The User shall not use any other User’s account or content.
No User shall impersonate, or give the false impression of being our licensee, assignee, distributor, agent, or representative to use the Website content in any manner, whether for your own use or for any third-party.
- The User shall not impersonate or falsely imply that they are in any manner, associated with us or our Website.
- The User shall use our Website ONLY for their personal and noncommercial use purposes.
- All Users agree and consent to comply with all local laws and regulations (including Data protection and privacy laws) regarding their online conduct while using our Website.
- The User shall not use our Website towards disrupting our servers, or any of our services in any manner.
- The User shall not engage in illegal practices including but not limited to phishing; spreading/ implanting of any malware, spyware, virus, bug, worms or engage in any other cyber crimes on or through our Website, our systems or services offered by us.
- The User shall not send spam emails.
- The User shall not use our Website to restrict/ inhibit, or hack our servers, services, or any other User’s accounts/ communication with us.
- The User shall not engage in activities/ conduct which is against the interests of children or injurious/ harmful to them in any manner.
- The Users undertake that they will not use our Website for disseminating/ displaying any defamatory, libellous, vulgar/ obscene, pornographic (including child pornography), sexually explicit, abusive or objectionable content/data on our website in any manner, without any limitations/ exceptions.
- The User undertakes that they agree to indemnify us; our Directors/ staff/ licensees, sponsors, successors, etc. against any losses, claims, liabilities, damages, costs and expenses, emerging from their action/ inaction, conduct or non-compliance of our legal documents, which may result in any form of loss or liability to us.
- The User shall not upload, link, use, display or infringe in any manner any data/ content of any third-party on our Website.
PLEASE NOTE that any act/ conduct in violation of any of the above conditions will result blocking your access to communications with us; ceasing to providing our services to you without any notice/ liability towards you. We shall not be held liable for any losses, claims, damages, expenses or injury from the suspension/ termination. While investigating any violation by you of our terms/ legal documents, you authorise us to review all your content and activity with regard to our website. WE MAY TERMINATE YOUR ACCESS TO OUR WEBSITE WITH IMMEDIATE EFFECT IF YOU BREACH ANY OF THESE TERMS & CONDITIONS.
The User shall be solely responsible for the content uploaded or published on our Website. If you are the author/ owner of any intellectual property rights and believe that our Website content infringes your rights in any manner, please contact us immediately at [email protected]
THIRD-PARTY CONTENT / ADVERTISEMENTS
Our Website may display links to third-party websites/ portals/ Apps, sponsors, partners and Advertisements. We do not endorse any affiliation with any third party/ brand unless explicitly mentioned and acknowledged by us. The User is accessing our Website at their own risk and volition, with respect to being exposed to these third-party links/ advertisements. We also do not promote any third-party portal/ services through our Website unless acknowledged by us. The User undertakes not to hide, tamper or remove any such links or advertisements from our Website or its servers, without any exceptions/ limitations. The User shall be solely responsible for any form of interaction with these third-party portals. We shall not be held liable for any claims, damages, expenses and injury emanating from any experience between the User and these third-party portals.
THIRD-PARTY ANALYTICS TOOLS
If a User voluntarily consents to sign up/ subscribe for our email communications (“EMAIL COMMUNICATIONS“), we may send you important notifications/ notices regarding our policies; and marketing emails, offers, deals, or information about our services. We may also send you promotional/marketing related emails. However, the Users have the option to unsubscribe/ opt-out from our email communications list by selecting the UNSUBSCRIBE button at the end of the email. Once unsubscribed, to put this into effect it may take up to seven (7) working/ business days for us to comply with your request.
We reserve our right to terminate your access to our Website/ withdraw our services at any time with immediate effect, without any prior notice/ intimation to you in case you are found to be in breach of any of our Terms and Conditions or other legal documents. Any delay in taking action against you in this regard, in no way waives our legal rights to enforce these Terms and Conditions or our other legal documents.
We reserve our right to investigate and take action on our own, or acting on a complaint/ report of violation of these Terms and Conditions. This action may include reporting of any illegal/ criminal/unlawful/infringing/ suspicious User activity to the relevant Law enforcement or Regulatory agency without any intimation to you. We reserve our right to take recourse to all legal remedies available to us under law against you in case of violation of our Terms and Conditions in any manner.
CHANGES TO OUR TERMS AND CONDITIONS
We reserve our right to change, alter, update, add or modify (collectively referred to as “Changes”) these Terms and Conditions, as required form time to time, at our will and discretion, without any prior intimation/ notice to you. We may also suspend or revoke these Terms and Conditions, in part or in full; or any privileges granted to our Users without any notice/ liability to you. The User is advised to check these terms and conditions regularly to keep themselves updated of the changes, if any. The User’s continued use/ access of our Website, despite posting such changes by us will be construed as a declaration of their informed consent and unequivocal acceptance of these changes. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the current version shall prevail unless it is expressly stated otherwise.
The use of this website; these terms and conditions; our services through this Website; and all relationships between us and our Users (including contractual) shall be governed by and construed in accordance with the laws of England and Wales, and be subject to the exclusive jurisdiction of the courts of England and Wales ONLY. Our failure or delay in enforcing any legal right, remedy or provision of these Terms and Conditions shall not be considered as a waiver of any of our legal rights/ remedies available to us under the relevant law. If any provision of these Terms and Conditions are held to be invalid or unenforceable by a Court of law, this shall not render the entire Terms and Conditions as invalid/ unenforceable; and the its remaining provisions will remain in effect as legally valid and enforceable.
ALTERNATIVE DISPUTE RESOLUTION
Any dispute/disagreement arising from or in connection with these Terms and Conditions between us and the User (collectively referred as “PARTIES”) shall be in accordance with the UK ARBITRATION ACT, 1996. The seat of arbitration shall be London, United Kingdom. The proceedings shall be adjudicated by a Sole Arbitrator, appointed with consent of the parties not later than twenty-eight (28) days after a service of a request is made by either party.
The parties would be jointly and severally liable to pay to the Arbitrator such reasonable fees and expenses (if any) as are appropriate, and as determined by the Arbitration Tribunal/ Court in the relevant circumstances.
In case of any queries, complaints or general information, please contact us at [email protected]