Website terms and conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY OF OUR SITES.
These terms tell you the rules for using our websites www.tkl.software and www.thegateway.software and any of our associated Applications such as the Gateway and any future applications (our “Sites”).
WHO WE ARE AND HOW TO CONTACT US
www.tkl.software, www.thegateway.software and the Gateway are the Sites operated by TwoKnights Limited (TKL) (“We”).
We are registered in England and Wales under company number 11865150 and have our registered office at Overross House, Ross Park, Ross-on-Wye, Herefordshire, HR9 7US
To contact us, please email hello@tkl.software.
BY USING OUR SITES AND ASSOCIATED APPLICATIONS YOU ACCEPT THESE TERMS
By using our sites and applications, 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 sites or applications.
We recommend that you print a copy of these terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These terms of use refer to the following additional terms, which also apply to your use of our sites and applications. You agree to the terms also contained in the following documents and understand these documents should be read in conjunction with, and form part of these Terms:
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Our Privacy Policy which sets out how we collect and use personal data
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Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of our sites. When using our sites, you must comply with this Acceptable Use Policy.
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Our Cookie Policy which sets out information about the cookies on our sites.
We amend these terms from time to time. Every time you wish to use our sites, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 15 October, 2022.
WE MAY MAKE CHANGES TO OUR SITES
We may update and change our sites and applications from time to time to reflect changes to our services, our users’ needs and our business priorities.
WE MAY SUSPEND OR WITHDRAW OUR SITES
We do not guarantee that our sites or applications, or any content contained within, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
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, you must treat such information as confidential. You must not disclose it to any third party.
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.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us using the details above. In the event you become aware of any other breach of data, you agree to report that breach to us, immediately, using the contact details above.
HOW YOU MAY USE MATERIAL ON OUR SITES
We are the owner of all intellectual property rights in our sites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
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.
Our status as the authors of content on our sites must always be acknowledged.
You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or obtaining express written permission from us.
If you print off, copy, download, share or repost any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
NO TEXT OR DATA MINING, OR WEB SCRAPING
You shall not conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to our sites or any services provided via, or in relation to, our sites. This includes using (or permitting, authorising, or attempting the use of):
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Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of the sites or any data, content, information or services accessed via the same.
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Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends, and correlations.
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
INFORMATION ON OUR SITES
You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites.
Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites is accurate, complete, or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
USER-GENERATED CONTENT IS NOT APPROVED BY US
Our sites may include information and materials uploaded by other users of the sites. This information and these materials have not been verified or approved by us. The views expressed by other users on our sites do not represent our views or values.
HOW TO COMPLAIN ABOUT OR REPORT CONTENT
If you wish to complain about any other content, please contact us using the contact details above.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user:
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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.
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Please note that we provide our sites for business and consumer use.
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We exclude all implied conditions, warranties, representations or other terms that may apply to our sites or any content on them.
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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:
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use of, or inability to use, our sites; or
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use of or reliance on any content displayed on our sites.
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In particular, we will not be liable for:
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loss of profits, sales, business, or revenue;
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business interruption;
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loss of business opportunity, goodwill or reputation; or
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any indirect or consequential loss or damage.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy.
UPLOADING CONTENT TO OUR SITES
Whenever you make use of a feature that allows you to upload content to our sites, or to make contact with other users of our sites, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our sites a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our sites constitutes a violation of their intellectual property rights or of their right to privacy.
We have the right to remove any posting you make on our sites if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
If you wish to contact us in relation to content you have uploaded to our sites and that we have taken down, please contact us on the contact details above.
You are solely responsible for securing and backing up your content.
You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to our sites, you grant us the following rights to use that content:
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a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the sites to expire when the user deletes the content from the sites.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
While every effort is made to ensure viruses are not present in any of our sites, we do not guarantee that our sites will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our sites. You should use your own virus protection software.
You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the servers on which our sites are stored, or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 sites will cease immediately.
RULES ABOUT LINKING TO OUR SITES
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.
You must not establish a link to our sites in any website that is not owned by you.
Our sites must not be framed on any other site, nor may you create a link to any part of our sites 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.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction 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 disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.