Terms & Conditions

Last updated: 21/05/2021

Please read these Terms and Conditions carefully before using the kickstartcommerce.co.uk website operated by Kickstart Commerce.

Kickstart Commerce is a trading name of Pitiana Ltd.

 

1. Introduction

1.1 These terms & conditions set out the terms between you the customer and us the website owner.

1.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full. If you disagree with any part of the terms then you may not access the Service.

1.3 You should not use this website if you do not accept with these terms & conditions in full.

 

2. Customer Information

2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.

2.2 Our website is only intended for use by adults.

2.3 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.

 

3. Privacy

3.1 We take your privacy seriously. For further details please see our Privacy Policy.

3.2 We do not store credit card details nor do we share customer details with any 3rd parties

 

4. Purchases

4.1 If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name and email address.

4.2 Any purchases are non-refundable. The services purchased, however, will remain valid until they are used up or 12 months has elapsed since their purchase whichever is the sooner.

 

5. Limitations and Exclusions of Liability

5.1 Where content and information is provided on the website without charge we exclude all liability for such content and information.

5.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are excluded.

5.3 All indirect, consequential or special losses or damage are excluded.

5.4 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.

5.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are excluded.

5.6 These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.

5.7 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.

5.8 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.

 

6. Licence

6.1 We grant you a licence to access the content, information and services contained within our website for personal use only.

6.2 This licence allows you to download and cache (using your browser) individual pages from our website.

6.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.

6.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

6.5 Our website cannot be placed within the frame-set of another site.

6.6 Third parties are not allowed to "deep link" to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

6.7 The restriction on "deep linking" does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales, or to search engines to which we have permitted our pages to be indexed by.

 

7. Indemnity

7.1 By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.

 

8. Variation

8.1 We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.

 

9. Assignment

9.1 We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.

 

10. Severability

10.1 The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

 

11. Waiver

11.1 Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.

 

12. Third Parties

12.1 These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.

 

13. Entire Terms & Conditions

13.1 These terms & conditions set out the entire agreement and understanding between you and us.

 

14. Your Statutory Rights

14.1 Where acting as a consumer your statutory rights are unaffected.

 

15. Jurisdiction

These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Our contact details are as follows:

60 Churchill Square
Suite (04)
Kings Hill
West Malling
Kent
ME19 4YU

 

16. Links To Other Web Sites

16.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by Pitiana Ltd.