Website Terms and Conditions of Use (“Website Terms”) and Cookies Policy
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The following information describes the cookies we use on this site and what we use them for. Currently we operate an ‘implied consent’ policy which means that we assume you are happy with this usage. If you are not happy, then you should either not use this site, or you should delete Kinetic Control’s cookies having visited the site, or you should browse the site using your browser’s anonymous usage setting (called “Incognito” in Chrome, “InPrivate” for Internet Explorer, “Private Browsing” in Firefox and Safari etc.)
Persistent Cookies for Site Analytics and Performance
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Movement Performance Solutions
This page states the terms and conditions under which you may use the website located at www.kineticcontrol.com (the “Website”). Please read this page carefully. If you do not accept the Website Terms stated here, do not use the Website.
Movement Performance Solutions Limited, referred to as “Movement Performance Solutions” throughout may revise these Website Terms at any time by updating this page. You should visit this page periodically to review the Website Terms because they are binding on you. Continued use of the Website constitutes your agreement to all such revised Website Terms.
Movement Performance Solutions is a limited company registered in England and Wales under company number 03854711 and has its registered office at The The Quorum, Bond Street South, Bristol, BS1 3AE, UK
1. USE OF MATERIAL
1.1 Movement Performance Solutions authorise you to view and download a single copy of the information on the Website solely for your personal, non-commercial use.
1.2 Except where expressly stated otherwise, all information contained on the Website is owned by or licensed to Movement Performance Solutions. The information and content contained on the Website, such as text, graphics, software, images and other such material (“Material”), are protected by (without limitation) copyright, database rights, registered designs, unregistered design rights, registered trade marks, passing-off rights or rights protected under unfair competition laws, all of which may be protected under both English and foreign laws ("Intellectual Property Rights") Unauthorised use of the Material by you may violate Movmement Performance Solutions' Intellectual Property Rights. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make.
1.3 In connection with your use of the Website you will:
1.3.1 only view and use the Website for your own purpose and you may not sell, publish or modify the Material or reproduce, display, publicly perform, distribute, store, re-transmit or otherwise use the Material in any way for any public or commercial purpose;
1.3.2 not use nor interfere with the Website other than in accordance with these Website Terms and (without limitation) not in any way so that all or part of the Website or any Material is or could be interrupted, reproduced, stored, re-transmitted, published, damaged, rendered less efficient, corrupted or in any way impaired;
1.3.3 not use the Website nor the Material in any manner which constitutes an infringement of any third party rights (including Intellectual Property Rights);
1.3.4 not use the Website nor the Material to transmit any information or content for the purposes of publicity, promotion and/or advertising without the prior written consent of Movement Performance Solutions.
1.3.5 not send a message or communication which is offensive, abusive, defamatory, obscene, menacing or illegal;
1.3.6 not cause annoyance, inconvenience or anxiety to, or breach the rights of any other person;
1.3.7 not perform any illegal activity;
1.3.8 not receive, use, possess, post, transmit or publish obscene material;
1.3.9 not upload, post, publish or transmit any material which is protected by copyright, other Intellectual Property Right or Data Protection legislation without the prior written consent of its owner;
1.3.10 not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
1.3.11 not gain or attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website; and/or
1.3.12 not attack the Website via a denial-of-service attack or to distribute a denial-of service attack.
1.4 You agree not to attempt to reverse engineer, decipher, decompile or disassemble the Website or any Material or knowingly allow others to do so, except to the extent that applicable laws specifically prohibit such restriction. You may not modify any Material or create derivative works of any Material. You also may not onward transmit or distribute any Material electronically or via the internet.
1.5 If you violate any of these Website Terms your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
2. MOVEMENT PERFORMANCE SOLUTION'S LIABILITY
2.1 The Material may contain inaccuracies or typographical errors. Movement Performance Solutions makes no representations about the accuracy, reliability, completeness or timeliness of the Material or any reliance by you on the Website and the Material.
2.2 The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time. Movement Performance Solutions has no obligation to maintain any Material, products and/or services available at any time through the Website.
2.3 Movement Performance Solutions does not warrant that the Website will be continuously available to you at any time, operate error-free or that the Website and its server are free of computer viruses and other harmful goods. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, to the extent permitted by law (and subject to Clause 2.6), Movement Performance Solutions is not responsible for those costs.
2.4 The Website and Material are provided on an “as is” basis without any warranties of any kind. Movement Performance Solutions and its suppliers, to the extent permitted by law (and subject to Clause 2.6), disclaim all warranties, including (but not limited to) the warranty of merchantability, non-infringement of third parties' rights, and the warranty of fitness for particular purpose. Whilst we will do what we reasonably can to maintain the accuracy of the Material, to the extent permitted by law (and subject to Clause 2.6) Movement Performance Solutions and its suppliers make no warranties about the accuracy, reliability, completeness or timeliness of the Material, the Website, services, software, text, graphics and links.
2.5 Subject to Clause 2.6, Movement Performance Solutions will not be liable in any way for any increased costs or expenses, loss of profit, business, contracts, revenues or expected savings or any special indirect or consequential damage whatsoever arising out of any provision or use of the Materials, the Website or of any error or defect in either or of the performance non-performance or delayed performance of any services provided to you through the Website by us.
2.6 Nothing in these Website Terms will exclude or limit Movement Performance Solutions' liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.
3. LINKS TO OTHER SITES
3.1 The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Movement Performance Solutions of the contents on such third party websites.
3.2 Movement Performance Solutions is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
4. SUBMITTING CONTENT TO THE WEB SITE
4.1 You shall remain solely liable for any material you submit to this Website. In submitting any material to this Website you hereby agree to indemnify and keep indemnified, Movement Performance Solutions, its parent, affiliates, directors, officers and employees from and against any and all claims, liability, costs, damage, other expenses or loss we may incur (including without limitation legal fees) as a result of any material you submit or any violation by you of your obligations under these Website Terms.
4.2 By submitting any material to the Website, you agree to grant Movement Performance Solutions an irrevocable, free of charge, non-exclusive, worldwide, perpetual license to use such material in the provision of services to you.
5. USE OF PERSONAL INFORMATION
We may use your information to process your requests for products or services, provide access to secure areas of the Website, to administer contests and competitions, personalise your visit to our site and to enable us to review, develop and improve the products, services, and special offers we provide online. We may occasionally carry out market research and send you details of services and offers that we think will be of interest to you. If you do not wish to receive such information, please ensure you e-mail firstname.lastname@example.org or alternatively when we send you an e-mail, please use the opt-out link provided.
You agree to indemnify and keep indemnified Movmement Performance Solutions and its partners from time to time being, its employees and agents, from and against any claims, liabilities, damages, costs, actions or demands, including without limitation reasonable legal and accounting costs, alleging or resulting from your use or misuse of this Website and the Material or your breach of these Website Terms.
Movement Performance Solutions shall, at any time, have the right to terminate these Website Terms (and your use of the Website) immediately and without notice to you.
8. WRITTEN COMMUNICATIONS
When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail (or any other medium of your choice) or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communication that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10. LAW AND JURISDICTION
These Website Terms and your use of the Website and the Materials will be governed by English Law. Any dispute arising from, or related to your use of the Website or the Materials shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.