This website and the websites of our subsidiaries are operated by Kin and Carta plc.
We are registered in England and Wales under company number 1552113 and have our registered office at One Tudor Street, London, United Kingdom, EC4Y 0AH. Our VAT number is GB 233 250 991.
F.A.O The Company Secretary Kin and Carta plc One Tudor Street, London, EC4Y 0AH
Definitions In these terms and conditions “we”, “us”, “our” means Kin and Carta plc and/or any subsidiary company of Kin and Carta plc. “Subsidiary” and “Affiliate” bearing the meaning set out in the Companies Act 2006.
Accessing our website(s) is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our website(s) without notice. We will not be liable if any of our websites are unavailable at any time or for any period. From time to time we may restrict or suspend access to or close all or any part of our website(s). Our website(s) give general information on Kin and Carta plc and its Affiliate companies and the products and services that can be provided by Kin and Carta plc and its Affiliates. While we take steps to control the quality and keep the information on these websites accurate and up to date, the information is given for information purposes only and we cannot guarantee nor do we give any warranty as to quality, accuracy, timeliness, completeness or that our websites are fit for a particular purpose. Our website(s) and content are provided "as is" excluding all warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We accept no liability for functions contained on the website(s) and make no warranty that the website(s) will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that the website(s) are compatible with your computer equipment or that the website(s) or their server is free of errors, viruses, worms or "Trojan horses" or anything else which may have a harmful affect on any technology and we shall not be liable for any damage you may suffer as a result of such destructive features. We do not warrant that our website(s) are non-infringing in respect of third party rights.
You acknowledge that use of our website(s) and their contents is at your own risk. We exclude to the fullest extent permitted by law all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the use, inability to use, or results of the use of our website(s), any website(s) linked to them and any materials and content posted on them. We do not exclude liability for death or personal injury arising from our negligence, or loss or damage arising from fraud, nor do these user terms affect your statutory rights.
The website(s) and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in them or linked to them (“Content”) are protected by copyright, trade marks and other intellectual property rights owned by Kin and Carta plc, its Affiliates or licensors. This Content may not be used or reproduced except that you may download one copy of such Content or part of such Content to your individual computer for your personal and non-commercial use only. All copyright and other proprietary notices appearing on such Content must be preserved without alteration or modification. Any links to our website(s) must be notified to and approved by us before they are created.
We have no responsibility for content on our website(s) provided by third parties and are merely providing access to such content to you. We have no obligation to verify or to edit information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, quality or reliability of any third party information and you acknowledge that reliance on such information will be at your own risk. Please be aware that our website(s) may contain links to other sites and resources provided by third parties including our Affiliates. These links are provided for your information only. We have no control over or responsibility for, any data, policies, procedures or content of that linked website(s) or resources or, for any loss or damage that may arise from your use of them.
If any provision of these conditions is or becomes invalid or contravenes applicable regulations then the remaining provisions will not be affected. No waiver by us of any breach of these conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy. Any matter that arises out of your use of this Website shall be governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Authorised Users means those employees, agents and independent contractors of the Customer who are authorised by the Customer to use the Services and the Documentation.
Customer means the person or business which purchases the Services from the Operator.
Customer Data means the data inputted by the Customer, Authorised Users, the Operator or HeySummit on the Customer's behalf for the purpose of using the Services or facilitating the Customer's use of the Services including blog posts of the Customer posted on the Customers website.
Documentation means the HeySummit documentation made available to the Customer online via https://heysummit.com/ or such other web address notified by Operator or HeySummit to the Customer from time to time which sets out a description of the Services and the user instructions for the Services.
HeySummit means Hey Summit Ltd registered at 71–75 Shelton Street Covent Garden London WC2H 9JQ under company number 11538852.
HeySummit Marks means any trademarks, service marks, service or trade names, logos, and other designations of HeySummit and its affiliates that we may make available to you in connection with this Agreement.
Operator means the HeySummit customer from whom the Customer has purchased the Services.
Platform means the digital resource provided by HeySummit to the Operator to allow the Operator’s Customers to run and participate in online summits.
Services means provision of the Hey Summit Platform.
Software means the online software applications provided by HeySummit as part of the Services.
User Subscriptions means the user subscriptions purchased by the Customer which entitle Authorised Users to access and use the Services and the Documentation in accordance with these terms.
Virus means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
2.1. Subject to the Customer purchasing User Subscriptions, the restrictions set out in this clause 2 and the other terms and conditions of these terms, HeySummit hereby grants to the Customer a non-exclusive, non-transferable right, without the right to grant sublicences, to permit the Authorised Users to use the Services and the Documentation during the Subscription Term solely for the Customer's internal business operations.
2.2. In relation to the Authorised Users, the Customer undertakes that:
2.2.1. the maximum number of Authorised Users that it authorises to access and use the Services and the Documentation shall not exceed the number of User Subscriptions it has purchased from time to time;
2.2.2. it will not allow or suffer any User Subscription to be used by more than one individual Authorised User unless it has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use the Services and/or Documentation;
2.2.3. each Authorised User shall keep a secure password for his use of the Services and Documentation, that such password shall be changed no less frequently than monthly and that each Authorised User shall keep his password confidential.
3.1. The Customer shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:
3.1.1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
3.1.2. facilitates illegal activity;
3.1.3. depicts sexually explicit images;
3.1.4. promotes unlawful violence;
3.1.5. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
3.1.6. is otherwise illegal or causes damage or injury to any person or property; and HeySummit reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer's access to any material that breaches the provisions of this clause. HeySummit is not obliged to remove or recognise such content contained in any material or Customer Data and the Customer shall be fully liable for the same.
3.2. The Customer shall be responsible for ensuring that content of the Customer Data is satisfactory for publication to Third Party Social Sites and is in compliance with clause 3.3 above.
3.3. The Customer shall indemnify HeySummit against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by HeySummit arising out of or in connection actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with publication of the Customer Data.
3.4. The Customer shall not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these terms:
3.4.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; or
3.4.2 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
3.4.3 access all or any part of the Services and Documentation in order to build a product or service which competes with the Services and/or the Documentation; or
3.4.4 use the Software, Services and/or Documentation to provide services to third parties; or
3.4.5 license, sell, rent, lease, transfer, assign, distribute or otherwise commercially exploit Services and/or Documentation except as permitted under the Agreement.
3.4.6 attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation, other than as provided under this clause 3; and
3.5. The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify HeySummit.
3.6. The rights provided under this clause 3 are granted to the Customer only, and shall not be considered granted to any subsidiary or holding company of the Customer.
4.1. The Customer acknowledges and agrees that HeySummit and/or its licensors own all intellectual property rights in the Services, Software and the Documentation. Except as expressly stated herein, the Customer is not granted any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.
4.2 All licenses granted to the Customer are conditional on the Customer’s continued compliance with these terms, and will immediately and automatically terminate if the Customer does not comply with any term or condition of this Agreement. During and after the Subscription Term, the Customer will not assert, nor will the Customer authorize, assist, or encourage any third party to assert, against us or any of HeySummit’s affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Services, Software or Documentation The Customer is not allowed to use HeySummit Marks without prior written consent from HeySummit.
4.3. HeySummit confirms that it has all the rights in relation to the Services and the Documentation that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of these terms.
These terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).