Website Terms

WEBSITE TERMS OF SERVICE
v1_4, last updated 29 April 2018

IMPORTANT: PLEASE READ THESE WEBSITE TERMS OF USE (‘TERMS’) AS YOU SHALL BE BOUND BY THEM IF YOU ACCESS OR OTHERWISE USE ALL OR PART OF THE WEBSITE AT KEEPABL.COM, AMBERGATE.IO OR ANY OTHER WEBSITE OWNED, OPERATED OR PROVIDED BY KEEPABL LTD, INCORPORATED IN ENGLAND, COMPANY # 11043685, REGISTERED OFFICE 86-90 PAUL STREET, LONDON EC2A 4NE, VAT # 281 5220 22 (‘WEBSITE’ AND ‘KEEPABL’, ‘US’, ‘WE’ RESPECTIVELY).  IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.  WE DO NOT MARKET TO OR ENTER INTO CONTRACTS WITH CHILDREN AND YOU MAY NOT ENTER INTO OR ATTEMPT TO ENTER INTO THESE TERMS OR USE ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE (‘SERVICES’) IF YOU ARE UNDER 18 YEARS OF AGE.

Agreement

Your use of the Website is subject to and governed by these Terms.  We reserve the right to make changes to these Terms at any time, which shall take effect immediately on posting to the Website.  Your continued use of the Website is your agreement to any such change; it is your obligation to review the Website for changes to these Terms from time to time. We may also suspend or terminate the Website and these Terms immediately without notice to you. Nothing on a Website constitutes an offer capable of acceptance.

Disclaimer

THE WEBSITE AND SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS AND FOR INFORMATION ONLY.  YOU MAY NOT RELY ON ANY INFORMATION IN THE WEBSITE OR SERVICES AND WE ACCEPT NO DUTY OR LIABILITY TO YOU IF YOU DO SO.  TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM AND EXCLUDE ALL CONDITIONS OR WARRANTIES THAT MAY OTHERWISE BE IMPLIED BY LAW INTO THESE TERMS INCLUDING WITHOUT LIMITATION WARRANTIES AS TO ACCURACY, QUALITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT.  WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES SHALL BE AVAILABLE AT ALL TIMES, OR ARE FREE OF ERRORS AND WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE SAME.

YOU ACKNOWLEDGE AND AGREE THAT KEEPABL IS A REGULATORY COMPLIANCE SERVICE, NOT A LAW FIRM, AND NEITHER THE SERVICES, THE WEBSITE OR THE INFORMATION AVAILABLE ON OR THROUGH THE SERVICES OR THE WEBSITE IS LEGAL ADVICE.

Limitation of liability

WHILE NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE ANY LIABILITY THAT, UNDER APPLICABLE LAW, CANNOT BE LIMITED OR EXCLUDED, IN NO EVENT SHALL WE BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OF DATA, BUSINESS, REVENUE OR PROFIT (WHETHER DIRECT OR INDIRECT LOSS), NOR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; AND OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO £100.

Any access by you to any third party website, whether by a link from the Website or otherwise, is at your own risk.  We do not endorse and accept no duty or liability for the content, products or services offered on, or your use of, any other website.  You may not link to a Website without our prior written permission.

To the extent that applicable law does not allow the exclusions or limitations set out in these Terms, they may not apply to you.

INTELLECTUAL PROPERTY (‘IP’)

All IP in the Website and Services (including the trade marks KEEPABL, AMBERGATE and the KEEPABL and AMBERGATE logos) is the property of Keepabl or our licensors and you may not copy, display or otherwise use such IP without our prior written permission. You agree we may use any comment made by you to us through the Website or elsewhere (including on social media) about us, the Website or the Services as a testimonial in our marketing and promotion of the Services worldwide and without charge; in doing so, we will not use your personal data without your consent.

PRIVACY

Please read our Privacy Policy and Cookie Policy which are incorporated into this Agreement and govern how we collect and process personal data and how we use cookies and similar technology.

YOUR OBLIGATIONS

You agree not to use the Website to upload, post, email, transmit or otherwise make available: any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, infringes a person’s IP or other rights, is a software virus or any other harmful code, is vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise illegal or objectionable. You shall indemnify us and our directors, officers, employees and agents against all damages and loss resulting from your breach of these Terms.

GOVERNING LAW

Except to the extent prohibited by applicable law, you agree that any claim or cause of action arising out of or related to these Terms, whether from use of the Website, Services or otherwise) must be filed within one (1) year after such claim or cause of action arose.  These Terms are governed by, and construed in accordance with, English law, excluding its conflict of laws principles.  Any action seeking enforcement of these Terms shall be brought exclusively in the courts located in London, UK, and each party agrees to submit to the jurisdiction of such courts and waives any objection to such courts’ jurisdiction on the grounds that such proceedings have been brought in an inappropriate forum.  For the avoidance of doubt, this is an agreement for services and the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.

GENERAL

Headers are provided for convenience only and shall not affect the interpretation of these Terms.  In these Terms, a reference to: a person includes a reference to a natural or legal person and that person’s successors and permitted assigns; the singular includes the plural, the masculine includes the feminine and vice versa; and ‘including’ means ‘including without limitation’.  These Terms constitute the entire agreement between you and us relating to its subject matter and supersedes any prior agreements, undertakings, representations, warranties and arrangements of any nature, relating to the same.  Each party acknowledges that it has not been induced to enter into these Terms by any representation or warranty other than those contained in these Terms.  We may assign these Terms, in whole or in part without notice to you or your consent.  No failure or delay by us to exercise or enforce any right or benefit under these Terms shall be deemed a waiver of such right or benefit, nor operate to prevent or limit the future exercise or enforcement of that right or benefit.  If any term or condition of these Terms is held invalid, void or otherwise unenforceable by any court, governmental agency or authority of competent jurisdiction, the remainder of these Terms shall remain valid and enforceable.