GENERAL TERMS & CONDITIONS
1. These are our GENERAL terms and conditions (the “terms” or the “contract”) on which we supply products and services to you, whether design or digital content through our subscription service and/or any other goods or services provided on or through our site and on our partner site/s. Please read these terms carefully before you engage us or order from us. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US & HOW TO CONTACT US
2.1 Quaternion House Limited with 'Kokoe' and its Assigns and trading as names (“we” or “us”) is a company registered in England and Wales. Our company registration number is Company number 07045011 and our registered office is at: River House, 6 Firs Path, Leighton Buzzard, Bedfordshire, LU7 3JG
2.2 You can contact us by writing to us using the Contact page on the site.
2.3 If we have to contact you we may do so by telephone or by writing to you at the email address or postal address or through contact with you nd/or by using a text communication site such as WhatsAPP that you provide to us.
2.4 When we use the words "writing" or "written" in these terms, this includes emails and texts and related services.
3. ENGAGING OUR SERVICES
Where you may engage our Design Service/s please note that you are also bound by our Design Terms and Conditions and that where you engage our Consultancy Service/s then this includes our Consultancy Terms and Conditions on our Consultancy page/s
4. OUR RIGHTS TO MAKE CHANGES
4.1 We may change any product/s or service/s:
4.2 to reflect changes in relevant laws and regulatory requirements (for example any change that prevents us supplying or providing products or services in the manner we had previously provided them); or (b) to implement minor technical adjustments and improvements, for example to address a security threat.
4.3 We may update or require you to update digital content.
5. OUR RIGHTS TO END THE CONTRACT
5.1 We may end the contract if you break it. We may end the contract for a product and/or service at any time by writing to you if you do not comply with the terms for accessing and using our site (which includes all our terms on all our pages and partner pages, our terms of use, privacy policy and our acceptable use policy).
5.2 You must compensate us if you break the contract. Please see the relevant terms for doing so.
5.3 We may withdraw any product or service. We may write to you to let you know that we are going to stop providing the product or service or withdrawing it or its copyright or IP. We will let you know at least 7 days in advance of our stopping the supply of the product and/or service in advance.
6. HOW WE MAY USE YOUR PERSONAL INFORMATION
6.1 We will use the personal information you provide to us: (a) to supply the product/s or service/s to you; (b) to process your payment for the products and service/s; and to give you information about similar products and/or services that we may provide.
6.2 We will only give your personal information to other third parties where the law either requires or allows us to do so. Please see our privacy policy and other terms of use for further details.
7. COOKIE POLICY
7.1 This site uses cookies – small text files that are placed on your machine to help the site distinguish you from other users and provide a better user experience with your consent. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymised tracking data to third party applications like Google Analytics.
7.2 We use “analytical cookies” to recognize and count the numbers of visitors and to analyse how visitors use the site. This helps us to improve the way our website works.
7.3 However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or by taking a look at: About Cookies which gives guidance on all modern browsers.
8 WEBSITE TERMS OF USE
8.1 These terms tell you the rules for using our website, kokoe.co (our site). By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
8.2 These terms of use refer to the following additional terms, which also apply to your use of our site:
Our Privacy Policy (opposite) sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Acceptable Use Policy as shown on this page sets out the permitted uses and prohibited uses of our site.
8.3 When using our site, you must comply with this Acceptable Use Policy.
8.4 Our Cookie Policy (which appears on our site when you first visit the site), which sets out information about the cookies on our site.
8.5 If you purchase goods and/or services from us or through our pages, our relevant terms and conditions will apply. We aim our third party supplier goods to be of the highest quality that we commission from the best third party suppliers that we can taking care to ensure that they offer the best quality.
9. WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
10. WE MAY MAKE CHANGES TO OUR SITE
We may update and change our site from time to time to reflect changes to our products our services or content, our users' needs and our business priorities.
11. WE MAY SUSPEND OR WITHDRAW OUR SITE
11.1 Our site is made available free of charge (although certain content is only available by paying a subscription or fee).We do not guarantee that our site, or any content on it, will always be available or be uninterrupted (save that any content provided pursuant to a subscription payment is covered by additional terms as shown on this page.Subject to any other applicable terms, we may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
11.2 We will try to give you reasonable notice of any suspension or withdrawal.
11.3 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
12. OUR SITE IS ONLY FOR USERS IN THE UK
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations unless stated otherwise.
13. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
13.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures or for accessing sections available only by login, you must treat such information as confidential. You must not disclose it to any third party or allow any third party to use that information to access our site or any content made available on or through it.
13.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or any other applicable terms.
13.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the Contact page.
14. HOW YOU MAY USE MATERIAL ON OUR SITE
14.1 We are the owner or the licensee of all intellectual property rights on our site and products and services unless stated otherwise, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not print off any copy, and you may not download extracts of any content from our site for your personal use and you may not draw the attention of others to content posted on our site.
14.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
14.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
14.4 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
15.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site.
15.3 In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
16. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses.You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may, for example, be committing a criminal offence under the Computer Misuse Act 1990. Other offences may also be committed. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
17. RULES ABOUT LINKING TO OUR SITE
17.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
17.2 You must not establish a link to our site in any website that is not owned by you without our permission. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy as shown on this page.
17.3 If you wish to link to or make any use of content on our site other than that set out above, please contact us on the Contact page.
18. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
Please note that these terms of use, their subject matter and their formation (and any non-contractual rights or obligations arising out of or in connection with them), are governed by English law. You and we both agree that the courts of England and Wales will have jurisdiction to determine any disputes arising out of or in connection with these terms, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual rights or obligations arising out of or in connection with them) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales to determine any disputes arising out of or in connection with these terms.
19. OUR TRADE MARKS ARE REGISTERED
“Kokoe” and the Kokoe logo and figurative mark are our UK trade marks. You are not permitted to use them or any that we create without approval, unless they are part of material you are using as permitted in accordance within the terms on our site.
16. OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under these terms to another organisation. If you are unhappy with the transfer you may contact us.
16.7 All materials on our site (including the subscription content and products and/or services), including, without limitation, names, logos, trademarks, images, text, columns, scripts, software, graphics, photographs, illustrations, artwork, videos, sounds, master recordings, compositions, music, interactive features and the like and other elements (collectively "Content") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled and/or managed by Quaternion House Limited with Kokoe and its Assigns and 'Trading As' names LIMITED or by third parties that have licensed or otherwise provided their material to Quaternion House Limited with Kokoe and its Assigns and 'Trading As' names LIMITED. You acknowledge and agree that all Content on our site is made available for limited, non-commercial, personal use only. Except as specifically provided in these terms and our Terms of Use and Acceptable Use Policy, no Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission. You may not add, delete, distort, or otherwise modify the Content. Any unauthorised attempt to modify or to take any Content or Copyright or IP belonging to us, to defeat or circumvent our security features, or to use our site or any part of the Content for any purpose other than its intended purposes is strictly prohibited and will entitle us to terminate any contract with immediate effect without compensation or any reimbursement of any sums paid by you for any products and/or services and render you liable to legal action.
16.8 To the extent permitted by law, you expressly waive and release any claim that you may have at any time for injury of any kind against any person (including without limitation our officers, employees, directors, instructors, agents and representatives) other than Quaternion House Limited with all Kokoe Partners and its Assigns and 'Trading As' names.
16.9 You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law and save as expressly provided to the contrary, Quaternion House Limited with Kokoe and its Assigns and 'Trading As' names, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with our site and your use of it.
16.10 We make no warranties or representations about the accuracy or completeness of our site’s content or the content of any websites linked to this site and we assume no liability or responsibility for and you agree that we and they shall have no liability for any (i) errors, mistakes, or inaccuracies of content, (ii) damage resulting from your access to and use of our website, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website.
16.11 To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Quaternion House Limited with Kokoe and its Assigns and 'Trading As' names and its officers, directors, employees, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable legal fees and costs) arising from: (i) your use of and access to the site and our products and/or services; (ii) your violation of any term of this agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any content submitted by you caused damage to a third party.