PLEASE READ THESE TERMS CAREFULLY. These terms may have changed since you last reviewed them
These terms were last updated on 15th June 2023.
These terms (the “terms”) are a legal agreement between you (“you” and “your”) and Keepl Limited of Collingwood
Buildings, 38 Collingwood Street, Newcastle upon Tyne, NE1 1JF (“us” or “we”) for in relation to your
use of the Keepl platform (“Platform”).
We license use of the Platform
to you on the basis of these terms. We do not sell the
Platform to you. We remain the owners of the Platform at all
times.
In order to use the Platform, you must ensure
that you meet our compatibility requirements, the Platform is compatible with
all modern supported browsers.
1. Where to find information about us and our services
2. Grant and scope of licence
In consideration of
you agreeing to abide by the terms, we hereby grant to you a non-exclusive,
non-transferable licence to use the Platform in
accordance with these terms until terminated in accordance with these terms.
You may use the Platform
for purely personal or household purposes and activities only and not at any
time for any business, professional or commercial purposes or activities.
You acknowledge and understand
that we do not offer advice or recommendations to you in relation to any of the
third-party partners (or their individual products) that you may decide to use
or purchase through use of the Platform. Accordingly
you acknowledge that it is your responsibility to make your own informed
decision (and obtain third party or independent advice where appropriate) in
respect of any other products or organisations you may choose or purchase
through your use of the Platform, and we shall not be liable to you in relation
to use of such third parties or products.
3. Restrictions
Except as expressly set out in the terms or as permitted by any local
law, you undertake:
(a)
not
to copy the Platform;
(b)
not
to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or
modify, the whole or any part of the Platform nor permit the Platform or any
part of it to be combined with, or become incorporated in, any other programs;
(c)
not to disassemble, de-compile, reverse engineer
or create derivative works based on the whole or any part of the Platform nor
attempt to do any such things;
(d)
not
to provide, or otherwise make available, the Platform in any form, in whole or
in part (including, but not limited to, program listings, object and source
program listings, object code and source code) to any person without prior
written consent from us;
(e)
to
comply with all applicable laws and regulations in relation to use of the
Platform; and
(f)
not to
upload to, or use the Platform for the storage or
processing of malware, or illegal images and documents not permitted by law.
4. Intellectual property rights
You acknowledge that
all intellectual property rights in the Platform throughout the world belong to
us, that rights in the Platform are licensed (not sold) to you, and that you
have no intellectual property rights in, or to, the Platform other than the
right to use the Platform in accordance with the terms.
You acknowledge that
you have no right to have access to the Platform in source code form other than
as expressly provided in the terms.
5. When you buy from us you are agreeing that:
a) We only accept subscription orders when we've checked them
c) We charge you when you order
d) We may charge interest on late payments
If we're unable to collect any payment you owe us, we may charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us the interest together with any overdue amount.
e) We may pass on increases in VAT
f) We
may increase the price in line with RPI
We may increase our subscription fees once per year, but will not increase them by any amount more than the percentage increase in the retail price index during the previous year. We will give you at least one month’s notice of any increase to the fees. You can cancel your subscription before the fee increase takes effect if you are not happy with the increased fees.
6. We're not responsible for delays outside our control
If our supply of the services to you or access to the Platform to you is temporarily suspended by, or subject to an outage due to, an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the suspension or outage. As long as we do this, we won't compensate you for the suspension or outage, but if the suspension or outage is likely to be substantial you can contact our Customer Service Team on customerservice@keepl.com to end the contract immediately. You will not be entitled to a refund for charges paid in advance for the subscription period, but will still be able to access the Platform for the remainder of your subscription period.
a) When you can't change your mind. You can't change your mind about an order once you start to use the services and access the Platform.
b) The deadline for changing your mind. If you change your mind about subscribing for a service or to the Platform, and you have not yet started to use the services or access the Platform, you must let us know no later than 14 days after the day we confirm we have accepted your order.
c) How to let us know. If you want to change your mind, you can cancel your subscription through your user profile on the Platform at any time.
8. You can end an on-going contract (find out how)
You can end your subscription
to the Platform at any time through the subscription section of your user
profile on the Platform,
but will not be entitled to
any refund for charges paid in advance. If you have any questions, please
contact our Customer Service Team at: customerservice@keepl.com
9. You have rights if there is something wrong with the services
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Summary of your key legal rights The Consumer Rights Act 2015 says: · You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. · If a price hasn't been agreed upfront, what you're asked to pay must be reasonable. · If a time hasn't been agreed upfront, it must be carried out within a reasonable time. |
10. We can change services and these terms
a) Changes we can always make. We can always change a service or the Platform:
· to reflect changes in relevant laws and regulatory requirements;
· to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the service or access to the Platform; or
· to update Platform, provided that the Platform always substantially matches the description of it that we provided to you before you bought a subscription for it.
11. We can suspend the supply of a service or access to the Platform. We do this to:
· deal with technical problems or make minor technical changes;
· update the service to reflect changes in relevant laws and regulatory requirements; or
· make changes to the service (see We can change services and these terms).
12. We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the service for longer than 2 days in any month we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 1 week in any month you can contact our Customer Service Team at: customerservice@keepl.com to end the contract and we'll refund any sums you've paid in advance for services you won't receive.
13. We can withdraw services
We can stop providing a service, such as an ongoing service or a subscription for digital content or goods. We let you know at least 1 month in advance and we refund any sums you've paid in advance for services which won't be provided.
14. We can end our contract with you
We can immediately end our
contract with you for a service and claim any compensation due to us if:
· you don't make any payment to us immediately when it's due; or
· you commit a material or persistent
breach of these terms; or
· we know or reasonably believe that
you have provided to us any false or misleading information or are hosting any
illegal images or documents on the Platform or have opened or are using your
account using a false or fabricated identity.
Upon termination for
any reason:
· all rights granted to you under these
terms shall cease; and
· you must cease all activities authorised by these terms, including use of and access to
the Platform.
15. We don't compensate you for all losses caused by us or our services
b) When we are liable for damage to your property. If defective software that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
d) You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform meet your requirements.
e) We are not responsible for loss which is:
· Unexpected.
It was not obvious that it would happen and nothing you said to us before we
accepted your order meant we should have expected it (so, in the law, the loss
was unforeseeable).
· Caused
by an event outside our control. As long as we
have taken the steps set out in section 6, we are not responsible for suspensions or
outages outside our control.
· Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by our service and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
· A business loss. This relates to your use of our Platform and/or services for the purposes of your trade, business, craft or profession, which is not permitted under section 2 above. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will also not be responsible where you fail to use the Platform for purely personal or household purposes.
15 We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice
16 Other important terms apply to our contract
a) We can transfer our contract with you, and our rights and obligations under the terms, so that a different organisation is responsible for supplying the services. We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer you can contact our Customer Service Team on customerservice@keepl.com to end the contract within 28 days of us telling you about it and we will refund you any payments you've made in advance for services not provided.
If we have to
contact you or give you notice in writing, we will do so by email to the email address
you provide or confirm to us.
c) You have several options for resolving disputes with us
Our complaints policy. Our Customer Service Team: customerservice@keepl.com will do their best to resolve any problems you have with us or our services as per our internal complaints handling policy.
d) Nobody else has any
rights under this contract .This agreement does not give rise
to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce
any term of this agreement.
e) If a court invalidates some of this contract,
the rest of it will still apply. Each of the conditions of these
terms operates separately. If any court or relevant authority decides that any
of them are unlawful, the remaining conditions will remain in full force and
effect.
f) Even if we delay in
enforcing this contract, we can still enforce it later. If
we do not insist immediately that you do anything you are required to do under
these terms, or if we delay in taking steps against you in respect of your
breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you
at a later date.
BY CLICKING ON THE
"ACCEPT" BUTTON BELOW YOU AGREE TO THE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THE
TERMS, CLICK ON THE "REJECT" BUTTON BELOW.
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