KRANK LIMITED - WEBSITE TERMS OF USE

Thank you for visiting our Site. These terms (together with the documents referred to in them) tells you the terms of use on which you may make use of our website www.krank.com ("our Site"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you print a copy for future reference.

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 of use, you must not use our Site.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our Site and are incorporated into these terms by reference:

INFORMATION ABOUT US

www.krank.com is a site operated by Krank Limited ("we", "us", "our"). We are registered in England and Wales under company number 10154742 and have our registered office at C/O Taylor Vinters LLP, Merlin Place, Milton Road, Cambridge, CB4 0DP. Our VAT number is VAT NUMBER We are a limited company.

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR SITE

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

ACCESSING OUR SITE

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our Site. 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.

YOUR ACCOUNT AND PASSWORD

When you register with us your company email address will be your username. Your first password will be automatically generated by our system which we encourage you to edit to a more memorable password. Your username and password will be unique to your account. You must treat such information as confidential, and you must not disclose it to any third party.

We have the right to disable any account if in our 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 username or password, you must promptly notify us at [email protected]

ACCEPTABLE USE

You may use our Site only for lawful purposes. You may not use our Site:

You also agree:

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our Site (a "contribution"), or to make contact with other users of our Site, you must comply with the Content Standards set out below.

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. If you are a business user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Whenever your contribution involves the listing of an item (including, without limitation, a piece of equipment, an attachment, a vehicle, or a piece of heavy plant machinery) (an "Item") for sale or auction you warrant to us that either:

Any content you upload to our Site 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 SITE 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 Site constitutes a violation of their intellectual property rights, or of their right to privacy.

WE WILL NOT BE RESPONSIBLE, OR LIABLE TO ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY CONTENT POSTED BY YOU OR ANY OTHER USER OF OUR SITE.

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the Content Standards set out below.

The views expressed by other users on our Site do not represent our views or values.
You are solely responsible for securing and backing up your content.

CONTENT STANDARDS

These content standards apply to any and all contributions you may make to our Site, and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Contributions must not:

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of these terms through your use of our Site. When a breach of these terms has occurred, we may take such action as we deem appropriate. Failure to comply with these terms constitutes a material breach of these terms upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

WE EXCLUDE LIABILITY FOR ACTIONS TAKEN IN RESPONSE TO BREACHES OF THESE TERMS. THE RESPONSES DESCRIBED IN THESE ARE NOT LIMITED, AND WE MAY TAKE ANY OTHER ACTION WE REASONABLY DEEM APPROPRIATE. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Site, and in the material that is published on it by us. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. WE DO NOT ACCEPT LIABILITY FOR ANY CONTENT OR MATERIAL OF WHATEVER NATURE THAT IS UPLOADED TO OR SHARED ON OUR SITE THAT IS NOT UPLOADED BY US, REGARDLESS OF ITS PROVENANCE.

You may print off copies, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site. You must not modify the paper or digital copies of our intellectual property you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics of ours separately from any accompanying text.

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 materials on our Site for commercial purposes without our prior consent. 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.

NO RELIANCE ON INFORMATION

THE CONTENT ON OUR SITE IS PROVIDED FOR GENERAL INFORMATION ONLY. ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON OUR SITE, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT ON OUR SITE IS ACCURATE, COMPLETE OR UP-TO-DATE. OUR LIABILITY

NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.

WE WILL NOT BE LIABLE TO ANY USER 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:

IF YOU ARE A CUSTOMER, PLEASE NOTE THAT IN PARTICULAR, WE WILL NOT BE LIABLE FOR:

WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR SITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM. VIRUSES, HACKING AND OTHER OFFENCES

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 in order to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. 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 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 Site will cease immediately.

LINKING TO OUR SITE

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 Site in any website that is not owned by you. 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.

If you wish to make any use of content on our Site other than that set out above, please contact [email protected]

LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.

[TRADE MARKS "KRANK" is an EU, UK and USA registered trade mark of Krank Limited.]

YOUR CONCERNS

If you have any concerns about material which appears on our Site, please contact [email protected]


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