Konsentus Powering Trust in Open Ecosystems

Terms & Conditions

WHAT IS IN THESE TERMS

These terms tell you the rules for using our website www.konsentus.com (our site). Please read them carefully before using the site.

WHO WE ARE AND HOW TO CONTACT US

www.konsentus.com is a site operated by Konsentus Limited (“we“, “us” or “our“). We are a private limited company registered in England and Wales under company number 11155059 and have our registered office at 35 Ballards Lane, London, England, N3 1XW. Our VAT number is GB 293031321.

To contact us, please email dataprivacy@konsentus.com, write to us at 9 Greyfriars Road, Reading, United Kingdom, RG1 1NU or telephone us on 0118 370 4625.

BY USING OUR SITE YOU ACCEPT THESE TERMS  

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, you must not use our site. 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 site:

  • Our Website Privacy Policy. See further under How we may use your personal information.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with the Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.
  • If you purchase products and services from us, the sale will be governed by separate Terms and Conditions of Supply which are not contained in this document and will be provided separately.

WE MAY MAKE CHANGES TO THESE TERMS  

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 3rd April 2020.

 

WE MAY MAKE CHANGES TO OUR SITE  

We may update and change our site from time to time to reflect changes to our products and services, our users’ needs and our business priorities. We will try to give reasonable notice of any major changes on the site.

 

WE MAY SUSPEND OR WITHDRAW OUR SITE  

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site 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 site 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 notify you if this happens via the site and we will ensure that the transfer will not affect your rights under the contract.

 

ACCESS RESTRICTIONS

Our site is directed to people residing in Europe and the United Kingdom and is only for users in those locations.

We do not represent that content available on or through our site is appropriate for use or available in other locations.

 

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE  

If you choose, or you are provided with, a user identification name, account 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 name 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 knows your user identification code or password, you must promptly notify us at email dataprivacy@konsentus.com, or telephone us on 0118 370 4743.

 

HOW YOU MAY USE MATERIAL ON OUR SITE  

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, including without limitation, the API Sandbox (see clause 12 below). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, 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 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 (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 content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

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.

For the avoidance of doubt, you shall have no rights in or to our site and the material published on it, other than the right to use them in accordance with these terms.

 

ACCESS TO OUR API SANDBOX

From time to time we may make certain APIs available through links on our site for the purposes of enabling customers or potential customers and/or their developers on their behalf, to trial the technical interfaces of the API and to assist with a purchasing decision (“API Sandbox”).

Where an API Sandbox is linked from our site:

  • your/your developer’s use of the API Sandbox shall be subject to the terms of any license made available by us to you/your developer prior to access to the API Sandbox being granted (“Licence”); and;
  • in the absence of any such License being provided to you/your developer, you/your developer’s use of the API Sandbox shall be limited to the permitted purposes set out in clause 12.1 above and any other use shall be prohibited subject to our prior written consent.

Except as expressly stated in the Licence and/or these terms:

the API Sandbox is provided on an ‘as-is’ basis and we make no representations or warranties that your use of the API Sandbox will be un-interrupted or error-free;

we hereby exclude any conditions, warranties or other terms which might have effect between us or be implied or incorporated into these terms or any collateral contract, whether by statute, common law or otherwise;

you/your developer (as applicable) shall have no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the contents of the API Sandbox in whole or in part except to the extent that any reduction of the contents of the API Sandbox to human readable form (whether by reverse engineering, decompilation or disassembly) is necessary for the purposes of testing the integration of the contents of the API Sandbox with the operation of other software or systems used by you, or, where you are a developer, your client, unless we have expressly agreed to the carrying out of such action;

you acknowledge that the contents of the API Sandbox constitute the proprietary and confidential information of Konsentus Ltd. You shall, during the period of use and for 5 years following your use of the API Sandbox, keep confidential, and shall not use for your own purposes (other than the purpose set out in clause 1), nor without the Konsentus Ltd’s prior written consent disclose to any third party (except to your developers, professional advisors or as may be required by any law or any legal or regulatory authority) any, information concerning the API Sandbox, unless that information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of these terms, or subsequently comes into your lawful possession from a third party; and

you shall use all reasonable endeavours to prevent the unauthorised disclosure of any such information.

 

DO NOT RELY ON INFORMATION ON THIS SITE  

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

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.

 

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO  

Where our site contains 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  

This website may from time to time include information and materials uploaded by other users of the site, including to bulletin boards. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

 

HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS  

If you wish to complain about content uploaded by other users, please contact us on by email to dataprivacy@konsentus.com or telephone us on 0118 370 4743.

 

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

This website is intended for use by individuals in the course of trade (i.e. business use) only, and not for use by consumers.

Notwithstanding anything to the contrary in these terms of use, 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.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our Terms and conditions of Supply which are not contained in this document and will be provided separately.

Subject at all times to clause 17.2:

  • we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
  • 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:
    • use of, or inability to use, our site; or
    • use of or reliance on any content displayed on our site (including without limitation, any third party infringement claims).
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation;
    • loss or corruption of data; or
    • 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 SITE  

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, 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 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 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 in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

 

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM  

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 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 that 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.

 

RULES ABOUT 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.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact us by emailing dataprivacy@konsentus.com or telephone us on 0118 370 4743.

Please include your name, your organisation/name, contact information, as well as the URL of your site, a list of any URLs from which you intend to link to our site, and a list of the URL(s) on our site to which you would like to link.

 

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?  

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.

 

OUR TRADE MARKS ARE REGISTERED  

“Konsentus Ltd” and ”Konsentus Limited” are UK registered trade marks of Konsentus Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site.

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On completion of this form you will be sharing your personal data with Konsentus Ltd (company number 1115059) (“Konsentus”/”we”/”us”). We will process such information for the purposes of sending you the requested information. We may also send you marketing communications and information which we consider may be of interest to you from time to time. This may include sending information by email, or us contacting you by telephone, where relevant details are provided. We rely on our legitimate interests as the lawful basis for processing your data in this way. Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the right to receive a copy of the data we hold about you. You also have the right to opt out of marketing communications at any time using the details in an email sent to you or by contacting us at insights@konsentus.com.

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