By using or browsing any of the KstartupXL (defined below), you acknowledge that you have read, understood and agree to be bound to these Terms and Conditions and all applicable laws and regulations. If you disagree to be bound by these Terms and Conditions, then you must not use this Site. We may change these Terms and Conditions at any time and without any notice to you so we suggest that you periodically visit this page to review these Terms and Conditions. By using this Site (defined below) after we post any changes, you agree to accept those changes, whether or not you actually reviewed them.
This site (individually, “Site”, collectively with the other websites of the KStartup Excelsior, “KstartupXL”) is the website of (or is indirectly owned by) KITA and the content of this Site is determined solely by KITA. All materials, including images, details, data, illustrations, designs, icons, photographs, video clips, text, software, graphics, scripts, logos, and other materials that are part of this Site (collectively, the “Contents”) are owned exclusively (either directly or indirectly) by KITA and/or its content providers. The Contents are protected by copyrights, trademarks, service marks, trade dress and other intellectual or ownership rights owned by the KITA. Any rights not expressly granted in the Terms and Conditions are reserved for the KITA.
Any KITA marks, logos and designs appearing on any of the KstartupXL are KITA’s exclusive trademarks and service marks (either directly or indirectly). No license to or right in any such marks, logos and designs and other proprietary rights of the KITA is granted to or conferred upon you.
All other trademarks and service marks appearing on any of the KstartupXL that KITA does not own are the property of their respective owners.
USE OF SITE; RESTRICTIONS
This Site and its Contents may be used solely for your own personal, non-commercial use. Any other use of the Site or the Contents is strictly prohibited, including, without limitation, modification, removal, deletion, transmission, publication, distribution, proxy caching, uploading, posting, redistribution, re-licensing, selling, duplicating, republication or any other dissemination without the express written permission of KITA or the owner. You may not use any framing techniques to enclose any trademarks or logos of KITA nor use any meta tags or other hidden text without our prior written consent. You may not link to the Site without our prior written consent. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.
You may view and print a copy of the Contents displayed on the Site, and download a copy of any Contents designated for downloading, for your personal use only but you may not alter the Contents in any way, including, without limitation, removing or modifying any copyright or other ownership notices. The rights, title and interest in the Contents are not transferred to you by copying or downloading the material. The information provided on this Site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and KITA.
You agree to use the Site only for lawful purposes. You are prohibited from posting or transmitting to or through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful material, or any other material that could give rise to civil or criminal liability under the law. We may disclose any content or electronic communication of any kind (including your profile, e-mail address and other information):
- To satisfy any law, regulation, or government request.
- If the disclosure is necessary or appropriate to operate the Site.
- To protect the rights or property of KITA, its affiliates, and you.
ACCURACY OF INFORMATION
KITA uses reasonable efforts to furnish accurate and up-to-date information, but we do not guarantee that any information contained in this Site is accurate, complete, reliable, current or error-free or that the Site will be free from viruses. We also are not responsible for any errors or omissions in this Site. Although we may modify the Contents, make improvements to the Site or correct any error or omission at any time and without notice to you, we are not obligated to do so. We will endeavor to update information in a timely manner but we will not be liable for any inaccuracies. Any use you make of the information provided on this Site is entirely at your own risk and KITA will not be liable for any loss of data, lost profits or any other damages or losses resulting from your use of this Site.
LINKS TO THIRD PARTY SITES
Links on this Site may lead to services or sites not controlled or operated by KITA. We provide these links for your convenience and information. Links are not an endorsement of the site or service. We assume no responsibility or liability for other sites or services. Any use you make of any site or service linked to by this Site is entirely at your own risk.
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY
THIS SITE AND ITS CONTENTS ARE PROVIDED BY KITA “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED. KITA EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL KITA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND WHATSOEVER, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY SITE OR SERVICES LINKED THROUGH THIS SITE, OR ANY COPYING, DISPLAY OR USE THEREOF, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF KITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE REGARDLESS OF THE REASON. KITA WILL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING OUT OF OR ANY WAY RELATED TO ANY THIRD PARTY WEB SITES OR THEIR CONTENT ACCESSED THROUGH LINKS IN THIS SITE, YOUR USE OF THIS SITE OR YOUR USE OF ANY EQUIPMENT OF SOFTWARE IN CONNECTION WITH THIS SITE.
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply but liability shall be limited to the fullest extent permitted by law.
You agree to indemnify and hold harmless KITA from any third party claim, action, demand, loss or damages (including attorneys’ fees and costs) arising out of or relating to your violation of these Terms and Conditions, your use of the Site or your violation of any rights of a third party.
REMEDIES FOR VIOLATIONS
KITA reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular IP address.
FEEDBACK AND OTHER SUGGESTIONS
APPLICABLE LAWS; EXCLUSIVE JURISDICTION
This Site and the Contents are displayed solely for the purpose of promoting KITA’s available services. This Site is controlled and operated by KITA from its offices in New York. You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site, and you agree that you will not access or use the information on this Site in violation of such laws. These Terms and Conditions and your use of this Site will be governed by the laws of the New York without regard to any conflict of law provision. Our failure to enforce any rights under these Terms and Conditions will not constitute a waiver of any terms or conditions of these Terms and Conditions.
Subject to the following clause, any claim or controversy related to these Terms and Conditions or relating to this Site will be settled by arbitration. The decision of the arbitrator will be binding on the parties. To the fullest extent permitted by applicable law, no arbitration will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
United States only: Any claim or controversy related to these Terms and Conditions or relating to this Site (with the exception of injunctive relief sought by KITA) within the United States, will be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. The location of arbitration will be in New York. The decision of the arbitrator will be binding on the parties. To the fullest extent permitted by applicable law, no arbitration will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
If there is a determination that any provision of these Terms and Conditions is invalid or unenforceable, that determination will not affect the rest of these Terms and Conditions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or under these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only.
In the event of any question relating to this Site, please email us at firstname.lastname@example.org
Personal Information. “Personal Information” is data that relates to you and can — either on its own or in combination with other information — identify you as an individual. Personal Information does not include data that has been aggregated or made anonymous such that you can no longer be identified using means reasonably available to us.
Our Services. The Services referenced in this Policy include the Services provided by the The KITA. You can read more about how Personal Information is used by clicking below on the name of The KITA Services, websites, or applications you use.
INFORMATION WE COLLECT
The Personal Information that we collect and our use of that information depends on your relationship with us and the requirements of applicable law as described below.
We collect information:
that you provide to us directly.
that your company, host, parent, or guardian provides to us;
If you opt in to certain features or depending on your device settings, we obtain geo-location data and information about your contacts; and
that we obtain from other sources.
Types of information we collect and use
In this policy, “personal information” or “personal data” means information about an identifiable individual that is subject to protection under the law in the jurisdiction in which you reside. In some jurisdictions, “personal information” or “personal data” will not include business contact information.
The Websites collect information through a variety of different ways and for different purposes as follows. Suppose you choose to register with any of the Websites to receive updates from us, to manage your account, and/or use our self-service portal. In that case, you will be requested to provide contact information (name, address, telephone number, email address, a unique login name, and password). We use this information pursuant to our legitimate business interests to provide our services and/or to contact you about the services on our site in which you have expressed interest.
The Websites automatically collect technical information about your visit (such as the browser type, internet service provider, platform type, Internet Protocol (IP) addresses, referring/exit pages, operating system, and date/time stamp). We aggregate this information for reporting about the Websites to analyze trends, diagnose problems with our server and administer the Websites, track user movement and use, and gather broad demographic information. See “Cookies and other digital markers” below for more information.
You also have the option to provide demographic information (such as type of business, size of business, locations, etc.). We use this demographic information to understand your needs and interests and to provide you a more personalized experience on our site. The information is used by the group to process your orders, enable participation in promotions (subject to your marketing preferences), and so that we can provide our services to you.
If we speak to you over the phone, you may provide us with personal data during the call. Such calls may be recorded for training and quality purposes. You will be informed at the outset of a call if it is to be recorded, giving you the opportunity to end the call if you are not comfortable with recording.
If you visit our centres in which we have installed CCTV, we may record footage of you on our CCTV system.
What we do with the information we collect
You can order products or services, request information, or subscribe to marketing or support materials through the websites. In order to purchase a product or service from us, we will request certain information from you which will be used for contract performance purposes. You will need to provide contact information (such as your name, email, and shipping address) and financial information (such as a credit card number, billing address, and expiration date). Financial information collected from you is used only to bill you for the products and services that you have purchased.
If we collect credit card information from you, we only use this information for payment processing and fraud prevention. Credit card information and other similar sensitive personal data are not used for any other purpose by the group without your express consent. We do not retain your credit card information after processing a payment unless you grant us permission to retain your credit card information for future purchases.
We may be required to share information with third parties as a result of the applicable laws. For example, we may be required to disclose information as a result of a court order, subpoena, or warrant. In addition, we may, subject to the applicable laws, voluntarily provide information in order to assist in a law enforcement investigation or where the disclosure is necessary to protect our systems, our business, or the rights of others.
We may also use your contact information to send you information about other group products and services, such as meeting rooms, virtual offices, workplace recovery, offices, coworking and memberships subject to us having obtained your consent in accordance with the applicable laws. If you do not want to receive these promotional announcements on an ongoing basis, you can notify us to update your preferences (see “Your choices and Opting Out” below).
Once you register, we will send you a welcome email to verify your username and password. We will also respond to your inquiries, provide services you request, and manage your account. We will communicate with you by email or telephone and will make every effort to honor your preference.
Subject to the marketing preferences which you give us, we will also send you information on new products, services, special savings, promotions and general information. If you do not want to receive this information, you can opt-out of receiving future mailings (see ‘Your choices and Opting-Out’ below).
If you ask to subscribe to our newsletters, we will use your name and email address to send the newsletter to you. You can sign up for these newsletters from us on our registration page. You may unsubscribe at any time (see “Your choices and Opting Out” below). When necessary, we will send you service-related announcements, which are not promotional in nature. If you do not wish to receive them, you may deactivate your account with the Website.
Please note that we do not provide your email address to our business partners. However, we may send you offers on behalf of our business partners – see “Types of information we collect and use” above for more details. You can opt out from receiving email offers from us as described below.
Sharing of information and cross-border transfers
We contract with third-party service providers and suppliers to deliver complete products, services and customer solutions described above. We may have to share your personal data with such third-parties in order to allow for the provision of requested products, services and customer solutions to you. In addition, we may have to share your personal data with other members of our Group for the purposes of data consolidation, storage, simplified customer information management, reporting and other internal uses (which may include a transfer outside of the EEA and Canada to the United States and other countries).
We will only share your personal data in these ways in accordance with data protection legislation.
Cookies and other digital markers
We are committed to protecting the privacy needs of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests. We do not knowingly collect information from children under the age of 13, and we do not target our websites to children under 13.
Your choices and opting out
We give you the choice of receiving a variety of information that complements our products and services. You can subscribe to receive certain product-and service-specific information and group-wide marketing communications. Such communications may include new product information, special offers, or an invitation to participate in market research. If you no longer wish to receive our newsletters and/or promotional communications, you may opt out of receiving them by following the instructions included in each newsletter or communication, including by contacting us at email@example.com
Access to and accuracy of your information and your other rights
In certain jurisdictions, notably in the UK and those in the EEA, in certain circumstances you have the following rights:
- A right of access.
- A right of rectification.
- A right of erasure.
- A right to restrict processing.
- A right of data portability.
- A right to object.
These rights may be limited, for example, if fulfilling your request would reveal personal data about another person or breach the privacy rights of others, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. To exercise any of these rights, please contact firstname.lastname@example.org. If you have unresolved concerns, you have the right to make a complaint to the data protection supervisory authority where you live, work, or where you believe a breach may have occurred.
Keeping your information safe
We do not guarantee or warrant the security of our servers, nor can we guarantee that information you supply through the Website will not be intercepted while being transmitted over the internet. We follow generally accepted industry technical standards to protect the personal data submitted to us during transmission and once we receive it. When you enter sensitive information (such as credit card information) on our registration or order forms, we encrypt that information using secured socket layer technology. We process personal information for marketing purposes or with your consent. We process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data indefinitely so that we can respect your request in the future. We process personal information in connection with performing a contract or providing a service or competition. We keep the information for 6 years (except for financial information, which we keep for 10 years) from your last interaction with us. We keep recordings of telephone calls and CCTV recordings for relatively short periods of time, as determined in accordance with our internal compliance procedures implemented from time to time.
Terms and Conditions