EU Representative – Our representative in the EU is Kutanala (Ireland) Ltd, who can be contacted by e-mail at support@kutanala.com.
All references to the EU, the European Economic Area or the EEA include the United Kingdom for the purposes of these terms and conditions/communication.
Kutanala Limited, (registration number 03235904) (“CL”) and Kutanala USA (Finance) Inc (“CUFI”) are the sole owners and operators of the following sites: www.kutanala.com; and the Kutanala mobile application (the “Sites”).Kutanala Retail Limited (registration number 03235904) (“CRL”) is the owner and operator of the Kutanala Stores (“Store”). Together CL, CUFI and CRL will hereinafter be referred to as “we”, “us” and “kutanala”.
These terms and conditions (“Terms”) set out the manner in which you may use the Sites and their content, whether as a user of an Kutanala account or as a guest (that is, when you use or browse the Sites without logging in to an Kutanala account), or if you visit the Store. Such use includes, but is not limited to, accessing and/or browsing the Sites (with or without purchases), registering and/or submitting Contributions (defined below).
These Terms also define the proper way to interact with our official Facebook, Twitter, Instagram and YouTube pages (the “Social Networks”). In this context, the term “Interact” or “Interaction” means, but is not limited to: joining our official Kutanala group/page, following it, “liking” our posts, “retweeting” them or writing a comment about them on the Social Networks.
Together, the Sites, the Stores and the Social Networks will hereinafter be referred to as the “Services”.
Please also read our Terms and Conditions of Sale*, which relate to the purchase of Items on the Sites and in the Store and our Privacy Policy**, which relates to information collected during your use of the Services and other services offered by Kutanala (“Other Terms”).
We ask that you review all of the Terms and Conditions and Other Terms before you begin using the Services. Use of the Sites or Stores and interaction with our pages on Social Networks automatically implies full acceptance of and compliance with these Terms (collectively “our Terms”). You should not use our Services if you do not agree to our Terms.
It is also your responsibility to ensure that all persons using the Services through your Internet connection are aware of and comply with Our Terms.
We reserve the right to change these Terms from time to time. These Terms were last updated on October 26, 2016.
Content of the Services
The content of the Services is provided for informational purposes only and should not be considered advice to be followed.
We will regularly update the Services and therefore the content may change at any time.
While we make every effort to keep the information on the Services current, we make no warranties or representations, express or implied, that the content of the Services is accurate, complete or current.
Nor do we warrant that access to the Services or the content thereof will be constant and uninterrupted at all times. We reserve the right to discontinue, withdraw or modify the Services at any time without notice.
Placing an Order on the Sites
In order to place an Order on our Sites (even if you are a guest, i.e. you are not logged into an Kutanala account (“Guest”)), you will need to provide us with various personal information, including your name, email address, billing address, shipping address and telephone number. You must ensure that all information provided is correct and belongs to you (for example, you may not use a generic email address (such as comptes@kutanala.com) or an address belonging to another person) in order to ensure the accuracy and security of your information and to help us customize our services. The email address you provide as a Guest is used to link you to your Order, so it is important that it be personal to you, to ensure that your information remains secure, accurate and up-to-date.
When you place an Order as a Guest, we will offer you the opportunity to create an Kutanala Account. We will use the information already provided in the order to register you, so you will only need to add a password that will be required to log into your Account. You must ensure that the email address you provide is your own. If it is not yours, do not register with it, otherwise the third party who may use the address could access your Account and all Account Information (see below). You should also ensure that your password is not easily guessed by others so that your Information remains secure.
If you have an Kutanala Account and try to place an order without logging in, once you have entered your email address (if it is the address associated with your Account), you will be prompted to log in by entering your password. If you enter your password, you will be logged in and the corresponding fields of your order will be automatically filled with your Personal Information. If you choose not to enter your password, you will be considered a Guest and will have to fill in the fields yourself.
For any order placed as a Guest, we will save the Order information with your email address. This process will be repeated each time you use the Sites and place an Order with that same email address.
Your Account Information
When you create an Kutanala account, you will be asked to provide certain personal information, including your name, email address, billing address, shipping address, date of birth. You will also be asked to provide an email address and password with which you will log into your Kutanala Account (“Login Information”) (collectively, “Personal Information”). You must ensure that the password you choose cannot be easily guessed by a third party so that your Account Information is secure.
You should check your Personal Information regularly and update it if it changes, for example if you move, change your email address or change your name. It is your responsibility to ensure that your Personal Information is accurate and up-to-date. This also allows us to personalize our services and be as efficient as possible; for example, we will use this information to automatically fill in the necessary fields when you wish to place an order.
It is important that your Personal Information is yours (and not used by others). For example, you may not use a generic email address (e.g., accounts@kutanala.com) or an email address used by someone else as your Login Information.
You must also treat all your personal information as confidential. Do not, under any circumstances, reveal your Login Information to any third party. If you know or suspect that someone else knows your Login Information, you must notify us immediately by contacting our Customer Service Department at support@kutanala.com.
Your Personal Information and order history (i.e., information about orders you have placed with Kutanala) (“Account Information”) will be available in your Kutanala Account. You must always log out of your account when you are finished using it. We reserve the right to close/suspend/deactivate your Kutanala Account at any time and under any circumstances, including but not limited to if:
- we learn that an unauthorized person has accessed your Kutanala account,
- a proxy (or proxy IP address) is used to hide the use of multiple accounts,
- your use of the Sites interferes in any way with the normal operation of our services, or if we have reason to believe that you are not in compliance with these Terms.
Submission of Content
You shall not post or transmit, or be responsible for posting or transmitting, any communication or solicitation to obtain another user’s password, account access or personal information on the Services. You are expressly prohibited from using the Services to breach the security of any computer network, to discover passwords or encryption codes, to transfer or store illegal content, or to engage in any illegal activity.
Intellectual Property Rights
The intellectual property rights in the Services (including but not limited to the content and software of the Services) remain our exclusive property or that of our licensors (as the case may be). These rights are protected by worldwide copyright laws and treaties and are expressly reserved.
Any use of the Services, including but not limited to the reproduction or storage of the content, even in part, for commercial purposes is prohibited without our prior written consent.
You may, however, print a copy of any page from the Sites or download extracts for your personal use.
Under no circumstances may you:
use even part of the content of the Services for commercial purposes without our prior consent;
modify in any way the paper or digital copies of the pages you have printed or downloaded, nor may you use the graphics, illustrations, photographs, and video or audio clips without the accompanying text. You may not publish, manipulate, distribute or reproduce in any format either the original or a copy of the content of the Services or the products provided;
modify, translate, reverse engineer, decompile, disassemble or create derivative works from any software or materials provided by us or our licensors in connection with the Services;
use or reproduce the name “Kutanala” or its logo (or any sign constituting an imitation) without our prior written permission.
We (and any other person identified as having contributed content to the Services) must be acknowledged as the author of the content.
Your interactions with us on the Social Networks may result in you posting content, such as a photo or video of yourself (“Your Content”). In that case, your Interaction with us on the Social Networks hereby grants us a non-exclusive, transferable, worldwide, royalty-free license to use Your Content on the Social Networks and other sources as indicated to you on the appropriate Social Network page. This license includes but is not limited to the right to use Your Content, reproduce, modify, edit, translate, derive derivative works from, and publish globally (in whole or in part) and/or incorporate it into other works in any form, media, or technology now known or later developed. Such use of Your Content may also include sharing it with trusted third parties.
If you print, copy or download any portion of our Services in violation of these Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy all copies of the materials you have made.
Limitations of liability
Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
To the extent permitted by law, we disclaim all express or implied conditions, warranties, representations and other terms with respect to the Services or their content.
We shall not be liable for any loss or damage caused by breach of contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising out of the use or inability to use the Services.
Please note that we provide these Services exclusively for private and domestic use. You agree never to use the Services for any commercial purpose, and we shall not be liable for any loss of profits or business, interruption of business or loss of business opportunity.
We accept no responsibility for any loss or damage caused by any virus, distributed denial of service or other technologically harmful material that may infect your computer equipment, programs, data or other property as a result of your use of the Services, sites linked to the Services or downloading of any content from them.
We do not warrant that the Services are secure or error and virus free.
You are responsible for your own computer equipment, software programs and the platform through which you access the Services. You must use your own virus protection software.
Prohibitions
You may not use our Services for any improper purpose.
In particular, you may not introduce viruses, Trojan horses, logic bombs or any other malicious, technologically harmful, unfair or in any way offensive or obscene programs; cause a denial of service attack or distributed denial of service attack on our sites; commit or encourage a criminal act; corrupt data; annoy other users; infringe the rights of others (including, but not limited to, their intellectual property rights); send unsolicited advertising or promotional materials/”spam”; attempt to impair the performance or functionality of computer facilities accessible through these Sites; and/or hack into any aspect of these Services. Violation of these provisions is a criminal offense under the Computer Misuse Act, 1990. We will report any such breach to the relevant authorities and will cooperate fully with them, including by disclosing your identity. In the event of a breach, your right to use the Services will be suspended immediately.
You may not use our Services for commercial purposes (including, but not limited to, automated systems or data mining software) without our prior written consent.
Links to Third Party Sites and Resources on our Sites
Links to other sites and third-party resources on our Services are provided for informational purposes only. We do not control the content of such sites or resources.
We assume no responsibility for the content of any linked site. These hyperlinks do not imply that we endorse the activities of such sites. By activating any of these links, you are leaving the Services and we have no control over, and assume no responsibility for, any loss or damage that may result from your use of the Services.
Social Networks
Interacting with us on Social Networks (including but not limited to: joining our official Facebook group/page or subscribing on Social Networks, “liking”, “retweeting”, “reposting”, writing a comment related to one of our Social Network pages) (“Interacting” or “Interaction” (as the case may be)) implies that you consent to us interacting with you on such Social Network and processing the information about you available on the Social Network.
The information about you that may be collected when you Interact with us on the Social Network includes, but is not limited to, your name, user profile, age, preferences, choices and opinions regarding the subject matter of the particular page on the Social Network, photos and other images, and videos.
Interacting with us on a Social Network may also result in you submitting a photo or video of yourself (“your Image”). Please note that this will only happen after receiving your explicit consent.
Please contact us at the contact information provided below if at any time you would like us to stop Interacting with you on the Social Network or stop using your information.
Interacting with us (on the Sites, on the Social Networks or elsewhere) means that you agree to grant us a perpetual, worldwide, royalty-free, irrevocable license to use your Image and Contributions for advertising and promotional purposes for Kutanala and the goods and services offered by Kutanala, including, but not limited to, for the purpose of securing your participation in the aforementioned promotional activities on any platform, such as (without limitation) television, Social Networks, our Sites, print and outdoor advertising materials.
You will be able to connect to the Social Networks from the Sites through the “share” or other buttons. Connecting to Social Networks from this service allows us to enrich and personalize your experience on the Sites. As part of this service, the Social Networks will allow us to access certain information that you disclose on such Social Networks. This information may be used, stored and disclosed in accordance with our Privacy Policy. We provide this functionality only as a convenience and their inclusion does not imply any endorsement or recommendation.
Accessibility
We are working to improve the web accessibility of our Sites to make them easier to use for all people. Over the course of the year, you will notice changes to navigation, text, colors and screen reader types.
Applicable Law
These Terms of Use, their subject matter and their wording are subject to English law. Disputes arising under these Terms of Use shall be subject to the non-exclusive jurisdiction of the English courts.