Terms & Conditions

 

1. Introduction

1.1. Welcome to wearekinsman.com (“we/us”)

1.2. This page tells you the terms on which you may use our Kinsman Enterprise Public Platform (KEPP),, whether delivered via the Website https://www.wearekinsman.com (“the Website”) and the software that is provided by https://www.wix.com/ (“KEPP Software”).  https://www.wix.com/ is the company of choice the we have designed our website through, our terms and conditions do not bind them unless otherwise legally required to or under their policy (we refer you to the https://www.wix.com/ for their independent policies). Please read carefully before use. By using the KEPP, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the KEPP.

2. Who We Are 

 

2.1. The Website https://www.wearekinsman.com Kinsman Enterprise Ltd which is a UK limited company registered in England under company number 12153989.

3. Use of the Platform: General Terms

3.1. You have permission for temporary, non-exclusive use of the KEPP we can withdraw or change our service at any time without telling you and without being legally responsible to you. We can also allow anyone else to use the KEPP and the Services that we make available on the KEPP.

3.2. You are not allowed to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any part of the KEPP or the KEPP Software, and nor are you allowed to attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the KEPP Software.

3.3. You are also not allowed to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the KEPP and/or any documents/products/services on the site available to any third party other than those you have invited on to the KEPP as customers/users, who have accepted these KEPP Terms of Use.

3.4. You are responsible for configuring your own computer and software to access our KEPP software and the material on KEPP. Although we try to protect our KEPP, we are not responsible for any viruses, bugs or similar problems and you should use your own virus protection software. We don’t give you any warranty that the way we deliver data to you is compatible with your software or with the way your computer is configured.

3.5. You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

3.6. You agree to follow our Acceptable Use Policy.

3.7. If you allow anyone else to use KEPP, you must make sure that they read these terms first, and that they follow them.

3.8. Only use KEPP as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.

3.9. We frequently update KEPP and make changes to it, but we don’t have to do this, and material on KEPP may be out-of-date. Please note in particular that we do not store credit card details (other than storing them momentarily on the KEPP and other Kinsman Enterprise owned/protected data storage facilities until they have been dispatched to our payments provider) and currently we do not share customer details with any third parties.

3.10. We follow our Privacy Policy in handling personal data about you. By using KEPP, you agree to us handling this personal data and confirm that data you provide is accurate. (https://www.wearekinsman.com/privacy-policy

3.11. We also use cookies. You can read information about cookies and how we use them in our Cookie Policy. (https://www.wearekinsman.com/copy-of-privacy-policy-1)

4. Service Section: Specific Terms

4.1. If you first pay the appropriate fee (shown on the KEPP when you make your request/purchase/selection) you may:

4.1.1. buy and use a Service from the KEPP in its current form;

4.1.2. store the service item on the KEPP or own device if it is permitted by Kinsman Enterprise, permission will be confirmed upon an individual basis per service period provided, without confirmed permission it is not permitted;

4.1.3. store non-Kinsman Enterprise data on the KEPP once permitted by Kinsman Enterprise.

4.2. In this case, you are solely responsible for the appropriate use of the data/service/product that you purchase from us. In particular you agree that:

4.2.1. we are not giving you any legal, financial, tax or other advice;

4.2.2. we do not give you any assurance or guarantee that our data/service/product are suitable, sufficient or appropriate for the use to which you put them (whether they are unedited/unaltered, or edited/altered by you or anyone else);

4.2.3. we exclude all legal responsibility and costs for reliance placed by anyone on the KEPP and on the Kinsman Enterprise data/service/products. 

4.3. KEPP will also act as a data/product/service provider within the remit of a third party to support other business and individuals to sell/advertise/distribute their own data/product/service.

4.3.1. in this case each business or individual that is permitted to feature on KEPP must have adhere to KEPP privacy policy, cookies policy and terms and conditions as a means to use our KEPP. This may be terminated at any time prior to the agreed termination of third party services. 

4.4. KEPP services are not to be recorded (transcript, audio, visual) or any other means unless otherwise stated. The permission will be confirmed upon an individual basis should this be requested via email (thekinsmangroup@gmail.com), without confirmed permission it is not permitted.

5. Counseling and Consultation

5.1. A 10 minute initial consultation is required within the first session to customers as part of quality service delivery. Failing to accept these terms may result in a withdrawal of consultancy service. Free consultations may be provided if stipulated on KEPP through limited offers.

5.2. Where customers have initial consultation, each 10 minutes consultation can only be used for separate individual purposes at the time the service is deliver. 

5.2.1 It is not possible to use 10 minutes consultations after a period of 60 day (1440hrs). Should the customer choose to use our service after consultation within a 60 day (1440hrs) period, service can be delivered of the initial consultation. Should the customer choose not to use our service after consultation beyond the 60 day (1440hrs) period, service cannot be delivered unless another consultation occurs. Standard consultation fees will apply.

5.3. You agree with us and also for the benefit of any person who works for us or Kinsman Enterprise Ltd, whether as an employee, consultant, self-employed contractor, or in any other capacity (a ‘Connected Person’) that the initial 10 minutes consultation and further counselling does not constitute legal or medical advice. KEPP will also counsel and consulate under this basis.

5.4. You agree with us and also for the benefit of any person who works for us or Kinsman Enterprise Ltd, whether as an employee, consultant, self-employed contractor, or in any other capacity (a ‘Connected Person’) does not take any responsibility (legal, medical or any other) for the decisions made by the customer and do not take responsibly for any consequence’s (legal, medical or any other) caused by the customers actions. You agree as a customer that you are a sole independent entity and take full responsibility for your own actions and the consequences of your actions. KEPP will not direct you to make any action or decision on this basis but will advise you to seek professional medical advice through a qualified Therapist or your local General Practitioner.

6. Intellectual Property Rights

6.1. We are the owner or licensee of all intellectual property rights in the KEPP (for example the copyright and any rights in the designs). The KEPP in any of the material and documents hosted or posted on the KEPP and in any and all databases related to the Platform. They are protected by copyright and you may only use any such material and the documents on these terms.

6.2. If you breach these terms, you lose your right to use our Platform, and must destroy or return any copies of documents you have made.

6.3. The KEPP Software used to design our website is owned by WIX (https://www.wix.com/)  and we refer you to their Terms and Conditions in regards to their Software. (https://www.wix.com/about/terms-of-use)

7. Our Legal Responsibility

7.1. Our Legal responsibility to you

7.1.1. We do not guarantee the accuracy of material on our KEPP, and you are responsible for the use to which you put material, documents and data that you access on our Platform. As far as legally possible, we exclude legal responsibility for any loss to you arising from use of our KEPP whether from tort, contract, negligence or otherwise (examples of such loss being: loss of income, profit, business, data, contracts, goodwill, savings, pure economic loss, indirect or consequential loss, costs, damages and expenses).

7.1.2. We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statutes.

7.1.3. Although we try to make the KEPP available 24 hours a day, seven days a week, (except for planned maintenance and required unscheduled maintenance) we do not warrant that your use of the KEPP and/or the WIX Software through the KEPP will be uninterrupted or error-free; and we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data/items over communications networks and facilities, including the internet, and you acknowledge that the KEPP may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

7.1.4. We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

7.1.5. We will try to make sure that customer data is stored securely and backed-up. If we lose or damage it we will try to restore it, but if it is lost or damaged by a third party, we are not responsible to you unless they cause the loss or damage when working on it for us.

7.1.6. We will not provide our services for longer than the period that you have purchased them for.

7.1.7. You agree with us and also for the benefit of any Connected Person/Business that we alone will be legally responsible to you for matters arising from KEPP document/service/item/product. No Connected Person will be personally responsible (i.e. legally liable) to you whether under the law of contract, tort (including negligence) or otherwise.

7.1.8. You agree with us and also for the benefit of any Connected Person/Business that we will not be legally responsible to you for matters arising from Connected Person/Business (third party) document/service/item/product. The Connected Person/Business will be personally responsible (i.e. legally liable) to you according to the Connected Person/Business Terms and Conditions, Privacy Policy. 

7.1.9. Kinsman Enterprise will try to host third party services on our KEPP that is exact or similar in notion to our Terms and Conditions.

7.1.10. You agree that any duty of care owed to you by us is a duty owed only to you. We do not owe a duty of care to any third party and assume no responsibility to any third party in respect of the performance of our duties to you. We are not liable for any failure to fulfil our obligations due to circumstances beyond our reasonable control.

7.1.11. You agree that the limitations on liability contained in this paragraph 7 are reasonable. You also agree that any limitations on liability in this paragraph 7 apply to you and also to any person or company associated with you.

8. Refund Policy

8.1. If you pay our fees for a document/service/item/product or promoted package and we do not make the document/service/item/product available to you, we will refund the fee.

8.2. If you pay our fees for a document/service/item/product or promoted package it is not available to you beyond our reasonable control, we will not refund the fee. 

8.3. If you pay our fees for on online document/service (excluding physical document/item/product) and it is not available to you beyond our reasonable control, with discretion we may offer a subsidiary in the form of KEPP service vouchers only available for use within the KEPP and the time limit stipulated on the voucher.

9. Computer Offence

9.1. If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the KEPP will end straightaway. We will report you to the relevant authorities and give them your identity.

9.2. Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material. You are not allowed to do any of these things.

9.3. You mustn’t try to get access to our server or any connected database or make any ‘attack’ on the KEPP. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via our KEPP.

10. Confidentiality and Conflicts

10.1. We have the following confidentiality obligations to you:

10.1.1. We will treat all information you provide to us and about matters dealt with by us (other than information which is in the public domain) as confidential. We will not disclose any confidential information to any third party, except with your written consent or if necessary or customary in the normal performance of our services (e.g. passing it to other professionals or Connected Person/Business assisting us or you with your matter, unless you ask us not to) or if required or permitted by law or any regulatory authority to which we are subject.

10.1.2. We reserve the right to use external service providers for document reproduction or scanning as long as they are bound by appropriate obligations to maintain the confidentiality of the information.

10.1.3. Unless you instruct us otherwise in writing, we are entitled to state in promotional material and tender documents that we worked for you generally or on a particular matter or matters as long as we do not otherwise break our duty of confidentiality to you.

10.2. Your confidentiality obligations are:

10.2.1. You will treat all information we give you (other than information which is in the public domain) as confidential.

10.2.2. You will not disclose that confidential information to any other person, unless we have given our written consent or as required or permitted by law or any regulatory authority to which you are subject.

11. Complaints 

 

11.1. We are committed to providing a high quality service. To maintain this commitment we operate a formal complaints procedure, a copy of which is available on request.

11.2. If you have any questions or a complaint about the service provided by us please contact us via the KEPP Let’s Chat option on the lower right-hand of every page of KEPP (https://www.wearekinsman.com/). If the issue cannot be resolved to what Kinsman Enterprise considers as satisfactory in outcome, please contact us via our email thekinsmangroup@gmail.com to make your complaint will assist you with your complaint. 

 

11.3. We aim to respond to all initial complaints within 5 working days (120hrs).

12. Changes 


12.1. We may change these terms from time to time and you must check them for changes because they are binding on you.

13. Links to Our Platform 


13.1. You are allowed to make a legal link to our KEPP homepage from your website if the content on your website meets the standards of our Acceptable Use Policy. We can end this permission at any time.

13.2. You mustn’t suggest any endorsement by us or association with us unless we agree in writing via email (thekinsmangroup@gmail.com).

14. Links from our Platform 


14.1. Links from our KEPP to other websites are for information only. We don’t control them and don’t accept responsibility for other websites or any materials found upon them or any loss you suffer from using them.

15. Trade Mark

15.1. “Kinsman Enterprise” is our EU registered trade mark, and all rights in that trademark are reserved by us.

16. Law which applies to disputes

16.1. The English courts have the only right to hear and resolve claims related to our KEPP, and all disputes are governed by English law. If any part of these terms is held to be invalid or unenforceable, the remaining terms will continue in full force and effect.

Contact Us

Please email us at thekinsmangroup@gmail.com to contact us about any issues.

Contact telephone number: +44 7398 916498