Standard terms covering our engagement and the use of this website.
By accessing and using the Kindly Tech website (the "Site"), you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this Site's particular services, you shall be subject to any posted guidelines or rules applicable to such services.
The Site and its original content, features, and functionality are owned by Kindly Tech Ltd and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Client deliverables are governed by the specific Master Services Agreement (MSA) or Statement of Work (SOW) signed between Kindly Tech and the Client.
You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You agree not to:
In no event shall Kindly Tech Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
If you create an account on the Site, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. Kindly Tech Ltd will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify, defend and hold harmless Kindly Tech Ltd, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.
Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us at legal@kindlytech.co.uk.